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S6283Senate2017-2018 Session

Ban Abusive Circus Animal Acts

Official title

“Relates to prohibitions on certain circus performances”

Sponsor Phil BoyleSD-4Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill prohibits circuses with recent animal cruelty violations from using animals in performances in New York for up to two years.

Why it matters

  1. Targets repeat animal cruelty offenders. The law specifically applies to circuses with recent, proven violations of animal welfare regulations or state animal cruelty laws, meaning it’s designed to deter and penalize those with a documented history of mistreatment.

  2. Enforcement involves legal action. The attorney general must initiate a special legal proceeding to secure an injunction, requiring evidence and due process, so circuses aren’t automatically banned—there’s a structured legal path for enforcement.

  3. Exempts accredited nonprofits. Not-for-profit organizations with IRS 501(c)(3) status are excluded, aiming the restrictions at commercial, for-profit circuses rather than educational or wildlife rehabilitation groups.

  4. Does not weaken existing protections. The bill makes clear it’s an added measure and does not override or reduce any other animal protection laws, ensuring it only strengthens animal welfare standards in New York.

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Who cares

Headline styles

Ban Abusive Circus Animal Acts

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Phil Boyle

Senator · Senate District 4

Chair, Commerce, Economic Development And Small Business

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1431
  5. Referred to consumer protection
  6. Referred to consumer protection

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6283

2017-2018 Regular Sessions

IN SENATE

May 11, 2017

Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the prohibitions on certain circus performances

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 392-k to read as follows:

§ 392-k. Prohibitions on certain circus performances. 1. Definitions. As used in this section:

(a) "Animal" includes animals as defined in subdivision one of section three hundred fifty of the agriculture and markets law.

(b) "Circus" means any performance of animals where such animals are trained to perform some behavior or action or are part of a show, parade, or performance. Such definition shall not be applicable to not-for-profit corporations which have received 501 (c)(3) exempt status from the Internal Revenue Service.

(c) "Animal welfare act" means the animal welfare act, 7 U.S.C. 2131 et seq., and its subsequent amendments, regulations and standards adopted pursuant to the act.

2. If within the preceding two year period, (a) a circus, including its owners, agents, employees, or representatives, was adjudicated by an administrative law judge of the United States department of agriculture to have violated its regulations under the animal welfare act pertaining to the care or handling of an animal, 9 CFR section 2.40 or section 2.131, or entered into a stipulation, consent decree, or voluntary settlement with the United States department of agriculture pursuant to the animal welfare act, in which it admitted to such a violation or (b) a circus, including its owners, agents, employees, or representatives, was found guilty of violating the law of any state relating to cruelty to or neglect of an animal owned, leased or in any way used by the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11167-01-7

S. 6283 2

circus, or pled guilty to a charge other than the animal cruelty or neglect charge in satisfaction of the animal cruelty or neglect charge, or where the animal cruelty or neglect charge has not resulted in a dismissal on the merits, an application shall be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than fifteen days, to enjoin and restrain the defendant from using animals in a circus within the state for a period not to exceed two years. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

3. Nothing in this section shall be construed to limit or restrict any protections afforded to animals under any other law, rule, or regulations.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to the prohibitions on certain circus performances

Purpose

This bill ensures that only Animal Welfare Act-compliant circuses are conducting business in New York State.

Summary of specific provisions

Section one amends the general business law by adding a new section 392-k. Prohibits circuses that have violated the Animal Welfare Act from operating in New York State.

Section two sets forth the effective date.

Justification

The inspection unit of the United States Department of Agriculture (USDA) conducts periodic visits and inspections of both traveling and stationary circuses and other exhibitions where animals serve as entertainment.

Circuses have been cited for beating and whipping animals, tying their limbs together to facilitate training, shocking them to ensure compliance, not providing adequate food, water and shelter and for many other reasons, yet these circuses are allowed to continue such treatment and perform night after night.

If the circus is accused of non-compliance with the Animal Welfare Act, the USDA will resolve the issue through adjudication.

Under this bill, a circus that has been proven by the USDA to have violated regulations under the Animal Welfare Act will not be allowed to conduct shows in New York State for a period of two years.

This bill ensures that any circus operating in New York State treats their animals humanely.

Legislative history

New bill.

Fiscal implications

Undetermined.

Effective date

This bill shall take effect on the thirtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.