NY State Senate Bill 2023-S6905

Current Bill Status - In Senate Committee Agriculture 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to agriculture
May 15, 2023	referred to agriculture

2023-S6905 (ACTIVE) - Details

See Assembly Version of this Bill:: A7624
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380-a, Ag & Mkts L; add §11-0540-a, En Con L

2023-S6905 (ACTIVE) - Summary

Prohibits the use of primates in entertainment acts; prohibits the department of environmental conservation for issuing any license or permit that would authorize the use of a primate in an entertainment act.

2023-S6905 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6905

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill enacts the "Primate Protection Act" which prohibits the use of
many primates in any type of entertainment act.

 
SUMMARY OF PROVISIONS:

Section one: Provides that this act shall be known as the "Primate
Protection Act."

Section two: Describes legislative findings.

Section three: Amends the agriculture and markets law by adding a new

section 380-a, which provides that a person shall not conduct or operate
a display of primates in any type of entertainment act in the state.
This section also provides that an entertainment act that fails to
comply with this section may be subject to a civil penalty.  Exemptions
from the provisions of this section are set forth. This section also
provides definitions for "primate," "entertainment act," and "person."

Section four: Amends the environmental conservation law by adding a new
section 11-0540-a to provide that no license or permit shall be issued
for the purposes of using a primate in an entertainment act.

Section five: Provides the effective date.

 
JUSTIFICATION:

Primates such as monkeys, apes, chimpanzees, and orangutans are highly
intelligent, social animals with complex emotional and cognitive needs.
Primates used in entertainment acts are often subjected to harsh train-
ing methods, confinement, and unnatural living conditions.  These prac-
tices can cause severe physical and psychological harm to the animals.
Subjecting them to stressful and unnatural environments for the sake of
entertainment purposes is contrary to growing public opinion that humans
ought to promote animals' well-being.

Shifts in societal attitudes concerning captive primates are evidenced
by the now almost totally obsolete use of animals in events such as
circuses. Despite such progress, primates are still utilized in various
other entertainment acts, such the "Banana Derby," where monkeys are
trained to ride on the backs of dogs. Monkeys are typically dressed in
costumes, chained to their canine counterpart, and guided by trainers as
they ride the dogs around a track or perform various tricks and stunts,
usually organized as part of fairs, festivals, or other public gath-
erings.

The purpose of the Primate Protection Act is to safeguard all primates
from the physical and psychological harm inflicted upon them by living

conditions, treatment, and cruel methods that are necessary to train
them to perform in entertainment acts.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect two years after it has become a law.
Provided, however that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

2023-S6905 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6905
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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

 S. 6905                             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.

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Senate Bill S6905

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

2023-S6905 (ACTIVE) - Details

2023-S6905 (ACTIVE) - Summary

2023-S6905 (ACTIVE) - Sponsor Memo

2023-S6905 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6905

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Agriculture Committee

2023-S6905 (ACTIVE) - Details

2023-S6905 (ACTIVE) - Summary

2023-S6905 (ACTIVE) - Sponsor Memo

2023-S6905 (ACTIVE) - Bill Text download pdf

Comments