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
Targets repeat offenders. The bill focuses on circuses with a proven recent history of animal cruelty or neglect, making it more difficult for these organizations to operate in New York using animals, rather than imposing a blanket ban on all circuses.
Legal consequences are significant and specific. If a circus or its personnel are found guilty of animal cruelty (federally or in any state), or admit fault in a settlement, the New York Attorney General is empowered to seek a court order banning that circus from using animals for up to two years—potentially threatening their business model.
Exemptions and definitions matter. Not-for-profit organizations with federal 501(c)(3) status are excluded from the definition of “circus” in this law, meaning educational or rescue organizations are not targeted, and only commercial circuses are affected.
Builds on existing protections. The bill does not replace or weaken other animal welfare laws; instead, it adds another layer of enforcement specifically aimed at preventing repeat abuse in animal performances.
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Who cares
Headline styles
Limit Animal Circuses
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
662
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04553-01-9
S. 662 2
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 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 prohibi- tions 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 enter- tainment.
Circuses have been cited for beating and whipping animals, tying their limbs together to facilitate training, shocking them to ensure compli- ance, 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
2017-18 Referred to Consumer Protection, Committed to Rules.
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.