What's happening
This bill allows the attorney general to ban circuses with recent animal welfare violations from using animals for up to two years.
Why it matters
Targets repeated violators. This bill specifically focuses on circuses and their personnel who have been cited for animal welfare violations or animal cruelty in the previous two years, aiming to hold habitual offenders accountable rather than issuing blanket bans.
Empowers state enforcement. By allowing the attorney general to seek court injunctions, the law provides a concrete legal mechanism for quickly stopping animal use in circuses that have recent violations, rather than relying solely on federal enforcement.
Acts as a deterrent. The threat of losing the ability to use animals for up to two years creates a strong incentive for circuses to comply with animal welfare standards, potentially improving conditions for animals industry-wide.
Limits loopholes and strengthens animal protections. The bill ensures that its provisions do not reduce any existing animal welfare protections, and specifically excludes non-profit, educational, or sanctuary organizations from its scope, focusing enforcement on commercial circuses.
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Who cares
Headline styles
Ban Animal Circus Acts
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
3 Multi-sponsors
History
- Referred to economic development
- Referred to economic development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
839
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
Introduced by M. of A. L. ROSENTHAL, ENGLEBRIGHT, COOK, ZEBROWSKI -- Multi-Sponsored by -- M. of A. GOTTFRIED, PERRY -- read once and referred to the Committee on Economic Development
AN ACT to amend the general business law, in relation to the prohibitions on 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 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) "Deficiency" means an item not in compliance with 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 cited by the United States department of agriculture for a deficiency relating to the care or handling of an animal, or received an official notice of warning, or entered into a stipulation, consent decree, or settlement with the United States department of agriculture pursuant to the animal welfare act, 7 U.S.C. 2131 et seq., and its subsequent amendments, regulations and standards adopted pursuant to the act, relating to the care or handling of an animal, or (b) a circus, including its owners, agents, employees, or representatives, was found guilty of violating the law of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02599-01-9
A. 839 2
any state relating to cruelty to or neglect of an animal owned, leased or in any way used by the 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 five 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.