Senate Bill S4363A

2023-2024 Legislative Session

Prohibits the participation of certain animals in traveling animal acts

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S4363 - Details

See Assembly Version of this Bill:
A4005
Current Committee:
Assembly Codes
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0541, En Con L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7718, A8157
2019-2020: S5408, A3673
2021-2022: S4840, A5542

2023-S4363 - Summary

Prohibits the participation of certain animals in traveling animal acts; prohibits the department of environmental conservation from issuing permits or licenses allowing participation of certain animals in traveling animal acts; excludes certain permanent performing institutions; imposes a civil penalty not to exceed $1000 for a violation.

2023-S4363 - Sponsor Memo

2023-S4363 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4363
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the issuance  of  permits  authorizing  the  use  of  wild
   animals in circuses or traveling animal acts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 11-0541 to read as follows:
 § 11-0541. PROHIBITION ON THE ISSUANCE OF PERMITS AUTHORIZING THE USE OF
              WILD ANIMALS IN CIRCUSES OR TRAVELING ANIMAL ACTS.
   1.  THE DEPARTMENT SHALL NOT ISSUE A PERMIT OR LICENSE, INCLUDING, BUT
 NOT LIMITED TO, AN EDUCATION OR EXHIBITION PERMIT OR  AN  ENDANGERED  OR
 THREATENED  SPECIES LICENSE, AUTHORIZING THE EXHIBITION OF A WILD ANIMAL
 IN A CIRCUS NOTWITHSTANDING A VALID UNITED STATES DEPARTMENT OF AGRICUL-
 TURE LICENSE, OR A TRAVELING ANIMAL ACT.
   2. SUCH A PROHIBITION SHALL NOT APPLY TO:
   A. A FACILITY ACCREDITED BY THE ASSOCIATION OF ZOOS AND AQUARIUMS;
   B. A WILDLIFE SANCTUARY.
   3. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "TRAVELING ANIMAL ACT" SHALL MEAN ANY PERFORMANCE OF WILD  ANIMALS
 WHERE  SUCH  ANIMALS  ARE TRANSPORTED TO, FROM, OR BETWEEN LOCATIONS FOR
 THE PURPOSE OF SUCH PERFORMANCE; AND
   (B) "PERFORMANCE" SHALL MEAN ANY EXHIBITION OR PUBLIC SHOWING IN WHICH
 WILD ANIMALS ARE REQUIRED TO PERFORM TRICKS, GIVE RIDES, OR  PARTICIPATE
 AS ACCOMPANIMENTS FOR THE ENTERTAINMENT, AMUSEMENT, OR BENEFIT OF A LIVE
 AUDIENCE.
   § 2. This act shall take effect December 31, 2024.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06973-01-3

co-Sponsors

2023-S4363A (ACTIVE) - Details

See Assembly Version of this Bill:
A4005
Current Committee:
Assembly Codes
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0541, En Con L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7718, A8157
2019-2020: S5408, A3673
2021-2022: S4840, A5542

2023-S4363A (ACTIVE) - Summary

Prohibits the participation of certain animals in traveling animal acts; prohibits the department of environmental conservation from issuing permits or licenses allowing participation of certain animals in traveling animal acts; excludes certain permanent performing institutions; imposes a civil penalty not to exceed $1000 for a violation.

2023-S4363A (ACTIVE) - Sponsor Memo

2023-S4363A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4363--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   --  recommitted  to  the  Committee  on  Environmental Conservation in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  participation of certain animals in traveling animal
   acts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 11-0541 to read as follows:
 § 11-0541. TRAVELING ANIMAL ACTS.
   1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON  SHALL  ALLOW
 FOR THE PARTICIPATION OF A COVERED ANIMAL IN A TRAVELING ANIMAL ACT.
   2.  THE DEPARTMENT SHALL NOT ISSUE A PERMIT OR LICENSE, INCLUDING, BUT
 NOT LIMITED TO, AN EDUCATION OR EXHIBITION PERMIT OR  AN  ENDANGERED  OR
 THREATENED  SPECIES  LICENSE THAT WOULD ALLOW FOR THE PARTICIPATION OF A
 COVERED ANIMAL IN A TRAVELING ANIMAL ACT.
   3. THIS SECTION SHALL NOT APPLY TO A PERFORMANCE THAT TAKES PLACE AT A
 NON-MOBILE, PERMANENT INSTITUTION OR OTHER FIXED FACILITY, PROVIDED THAT
 THE COVERED ANIMAL IS NOT TRANSPORTED TO THE LOCATION FOR  A  PERIOD  OF
 LESS THAN FOURTEEN DAYS FOR THE SOLE PURPOSE OF A PERFORMANCE.
   4.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "COVERED ANIMAL" SHALL MEAN ANY OF THE FOLLOWING ANIMALS,  INCLUD-
 ING HYBRIDS THEREOF:
   (I) FELIDAE, BUT EXCLUDING DOMESTIC CATS;
   (II) KANGAROO;
   (III) NON-HUMAN PRIMATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06973-03-3

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