S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7624
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law  and  the  environmental
   conservation  law,  in  relation to prohibiting the use of primates in
   entertainment acts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "primate protection act".
   § 2. Legislative findings. The legislature hereby finds that:
   a. primate abuse is a matter of worldwide concern, and the state as  a
 recognized  environmental  leader  should help assure the protection and
 welfare of primates;
   b. it is  widely  recognized  that  primates  used  for  entertainment
 purposes  ("entertainment  primates")  suffer physical and psychological
 harm due to the living  conditions  and  treatment  to  which  they  are
 subjected,  resulting  in  increased mortality with life spans only one-
 half as long as wild primates;
   c. entertainment primates live in conditions that are in no way  simi-
 lar  to  their  natural habitat, including an unnatural diet, restricted
 movement, inappropriate housing and a hostile climate;
   d. entertainment primates are  subjected  to  confinement  and  social
 isolation,   leading  to  physiological,  behavioral  and  psychological
 impairments;
   e. entertainment primates transported into the state spend  a  signif-
 icant portion of their lives inside trucks, trains or trailers, enduring
 additional physical restrictions and social isolation;
   f.  the  use of primates in entertainment provides a false and inaccu-
 rate educational experience for children  and  adults,  often  including
 performance  tricks  that are never executed by primates in the wild and
 that are stressful or harmful to the animal; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11371-01-3
              

 A. 7624                             2
 
   g. it is in the best interest of the state that the use of primates in
 entertainment be prohibited, and that the state use its authority to aid
 in the protection and welfare of these animals.
   §  3.  The  agriculture  and  markets  law  is amended by adding a new
 section 380-a to read as follows:
   § 380-A. USE OF PRIMATES IN ENTERTAINMENT ACTS. 1. NO PERSON SHALL USE
 OR CAUSE TO BE USED PRIMATES IN ANY TYPE OF ENTERTAINMENT ACT.
   2. ANY PERSON THAT VIOLATES THE PROVISIONS OF  THIS  SECTION,  OR  ANY
 RULE OR REGULATION PROMULGATED PURSUANT THERETO, MAY BE ASSESSED, BY THE
 COMMISSIONER,  A  CIVIL  PENALTY  NOT TO EXCEED ONE THOUSAND DOLLARS FOR
 EACH SUCH VIOLATION.
   3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   (A) INSTITUTIONS ACCREDITED BY THE ASSOCIATION OF ZOOS AND  AQUARIUMS;
 AND
   (B)  WILDLIFE  SANCTUARIES  AS  DEFINED  IN  SUBDIVISION THIRTY-TWO OF
 SECTION 11-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
   4. AS USED IN THIS SECTION:
   (A) "PRIMATE" MEANS ANY OF THE FOLLOWING: A GIBBON OR SIAMANG (HYLOBA-
 TIDAE, HYLOBATES SP.), ORANGUTAN (HOMINIDAE PONGINDAE, PONGO SP.), CHIM-
 PANZEE (HOMINIDAE, HOMININAE  PAN.  SP.),  GORILLA  (HOMINIDAE,  HOMINI-
 NAE,  GORILLA   SP.), MACAQUE     (CERCOPITHECIDEA,     CERCOPITHECINAE,
 MACACA    SP.), BABOON (CERCOPITHECIDAE,  CERCOPITHECINAE,  PAPIO   SP.,
 THEROPITHECUS SP., MANDRILLUS  SP.),  LANGUR  (CERCOPITHECIDAE,  COLOBI-
 NAC,  PRESBYTIS SP., TRACHYPITHECUS SP.), COLOBUS MONKEY  (CERCOPITHECI-
 DAE,  COLOBINAE,  COLOBUS SP.), GUENON  (CERCOPITHECIDAE,  CERCOPITHECI-
 NAE,  CERCOPITHECUS SP.), NEW WORLD  MONKEYS  (CALLITRICHIDAE,  CEBIDAE,
 AOTIDAE, PITHECIIDAE, AND ATELIDAE), AND OLD WORLD MONKEYS, TAXONOMICAL-
 LY KNOWN AS CERCOPITHECOIDEA.
   (B) "ENTERTAINMENT ACT" MEANS ANY EXHIBITION, ACT, CIRCUS, TRADE SHOW,
 CARNIVAL,  RIDE,  PARADE, RACE, PERFORMANCE OR SIMILAR UNDERTAKING WHICH
 IS PRIMARILY UNDERTAKEN FOR THE ENTERTAINMENT OR  AMUSEMENT  OF  A  LIVE
 AUDIENCE.
   (C)  "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP,  LIMITED LIABILITY
 COMPANY, CORPORATION, JOINT VENTURE, ASSOCIATION, TRUST, ESTATE  OR  ANY
 OTHER  LEGAL  ENTITY,  AND  ANY  OFFICER, MEMBER, SHAREHOLDER, DIRECTOR,
 EMPLOYEE, AGENT OR REPRESENTATIVE OF ANY SUCH ENTITY.
   § 4. The environmental conservation law is amended  by  adding  a  new
 section 11-0540-a to read as follows:
 §  11-0540-A.  PROHIBITION ON PERMITS AUTHORIZING THE USE OF PRIMATES IN
              ENTERTAINMENT ACTS.
   THE DEPARTMENT SHALL NOT  ISSUE  ANY  LICENSE  OR  PERMIT  THAT  WOULD
 AUTHORIZE  THE  USE  OF  A  PRIMATE  IN AN ENTERTAINMENT ACT PURSUANT TO
 SECTION THREE HUNDRED EIGHTY-A OF THE AGRICULTURE AND MARKETS LAW.
   § 5. This act shall take effect two years after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.