NY State Senate Bill 2025-S3629

Current Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2025	referred to environmental conservation

2025-S3629 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0541, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7718
2019-2020: S5408
2021-2022: S4840
2023-2024: S4363

2025-S3629 (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.

2025-S3629 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3629

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the participation of certain animals in traveling animal
acts

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the use of certain wild animals in circuses.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law by adding a new
section 11-0541 which prohibits the issuance of permits by the Depart-
ment of Environmental Conservation authorizing the exhibition of wild
animals in circuses. This prohibition does not apply to zoos or wildlife
sanctuaries.

Section 2 sets the effective date.

 
JUSTIFICATION:

Circus animals that are removed from sprawling jungles are often housed
in small crates and cages without the benefit of any accommodations
resembling their natural habitats. Evidence has surfaced showing circus
elephant trainers using tools such as bullhooks, blowtorches, metal
bars, and whips to train elephants to perform stunts for circus shows.
Stories of animal cruelty in circuses are numerous, including denial of
proper food and water as well as failure to provide proper temperatures
and climates for animals.

While certain federal laws promise humane treatment of circus animals,
these laws have traditionally gone unenforced, and have been difficult
to sanction in court due to issues of legal standing. In 2000, in an
attempt to enforce federal protections for circus animals, the American
Society for Prevention of Cruelty to Animals brought suit against
Ringling Brothers' Circus. Nine years after filing the complaint, howev-
er, the court dismissed the claim without ever discussing the issue of
animal cruelty.

New York must respond to these animal abuses in a more proactive way
than the difficult-to-enforce federal regulations which have failed to
effect true change. This bill would prohibit the New York Department of
Environmental Conservation from issuing permits or licenses to entities
seeking to place wild animals on display in any setting other than a
zoo, aquarium, or wildlife sanctuary. By disallowing permit issuance to
these entities, this bill would prevent animal abuses before they occur
rather than simply providing redress after abuse has taken place.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S4363 / A04005

2021-2022: S4840 / A5542 2019-2020: S5408 / A3873

2017-2018: S7718 1A8157
 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect December 31, 2026.

2025-S3629 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3629
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 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 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;
   (IV) URSIDAE; AND
   (V) WALLABY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03846-01-5
 S. 3629                             2

   (B) "MOBILE OR TRAVELING HOUSING FACILITY" SHALL MEAN  A  TRANSPORTING
 VEHICLE  SUCH  AS A TRUCK, TRAILER, OR RAILWAY CAR, USED TO TRANSPORT OR
 HOUSE ANIMALS WHILE TRAVELING FOR EXHIBITION OR OTHER PERFORMANCE.
   (C) "PERFORMANCE" SHALL MEAN ANY EXHIBITION OR PUBLIC SHOWING, PRESEN-
 TATION, DISPLAY, EXPOSITION, FAIR, ANIMAL ACT, CIRCUS, RIDE, TRADE SHOW,
 PETTING  ZOO,  CARNIVAL,  PARADE,  RACE, OR SIMILAR UNDERTAKING IN WHICH
 COVERED ANIMALS ARE REQUIRED TO PERFORM TRICKS, GIVE RIDES,  OR  PARTIC-
 IPATE  AS ACCOMPANIMENTS FOR THE ENTERTAINMENT, AMUSEMENT, OR BENEFIT OF
 A LIVE AUDIENCE.
   (D) "TRAVELING ANIMAL ACT"  SHALL  MEAN  ANY  PERFORMANCE  OF  COVERED
 ANIMALS  WHERE  SUCH  ANIMALS  ARE  TRANSPORTED  TO,  FROM,  OR  BETWEEN
 LOCATIONS FOR THE PURPOSE OF SUCH PERFORMANCE, IN A MOBILE OR  TRAVELING
 HOUSING FACILITY.
   5.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
 OF NOT MORE THAN ONE THOUSAND DOLLARS.
   § 2. This act shall take effect December 31, 2026.

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Senate Bill S3629

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S3629 (ACTIVE) - Details

2025-S3629 (ACTIVE) - Summary

2025-S3629 (ACTIVE) - Sponsor Memo

2025-S3629 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3629

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S3629 (ACTIVE) - Details

2025-S3629 (ACTIVE) - Summary

2025-S3629 (ACTIVE) - Sponsor Memo

2025-S3629 (ACTIVE) - Bill Text download pdf

Comments