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S06905 Summary:

Add 380-a, Ag & Mkts L; add 11-0540-a, En Con L
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.
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S06905 Actions:

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S06905 Memo:

Memo not available
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S06905 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                      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:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "primate protection act".
     3    § 2. Legislative findings. The legislature hereby finds that:
     4    a. primate abuse is a matter of worldwide concern, and the state as  a
     5  recognized  environmental  leader  should help assure the protection and
     6  welfare of primates;
     7    b. it is  widely  recognized  that  primates  used  for  entertainment
     8  purposes  ("entertainment  primates")  suffer physical and psychological
     9  harm due to the living  conditions  and  treatment  to  which  they  are
    10  subjected,  resulting  in  increased mortality with life spans only one-
    11  half as long as wild primates;
    12    c. entertainment primates live in conditions that are in no way  simi-
    13  lar  to  their  natural habitat, including an unnatural diet, restricted
    14  movement, inappropriate housing and a hostile climate;
    15    d. entertainment primates are  subjected  to  confinement  and  social
    16  isolation,   leading  to  physiological,  behavioral  and  psychological
    17  impairments;
    18    e. entertainment primates transported into the state spend  a  signif-
    19  icant portion of their lives inside trucks, trains or trailers, enduring
    20  additional physical restrictions and social isolation;
    21    f.  the  use of primates in entertainment provides a false and inaccu-
    22  rate educational experience for children  and  adults,  often  including
    23  performance  tricks  that are never executed by primates in the wild and
    24  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.

        S. 6905                             2
     1    g. it is in the best interest of the state that the use of primates in
     2  entertainment be prohibited, and that the state use its authority to aid
     3  in the protection and welfare of these animals.
     4    §  3.  The  agriculture  and  markets  law  is amended by adding a new
     5  section 380-a to read as follows:
     6    § 380-a. Use of primates in entertainment acts. 1. No person shall use
     7  or cause to be used primates in any type of entertainment act.
     8    2. Any person that violates the provisions of  this  section,  or  any
     9  rule or regulation promulgated pursuant thereto, may be assessed, by the
    10  commissioner,  a  civil  penalty  not to exceed one thousand dollars for
    11  each such violation.
    12    3. The provisions of this section shall not apply to:
    13    (a) institutions accredited by the Association of Zoos and  Aquariums;
    14  and
    15    (b)  wildlife  sanctuaries  as  defined  in  subdivision thirty-two of
    16  section 11-0103 of the environmental conservation law.
    17    4. As used in this section:
    18    (a) "Primate" means any of the following: a gibbon or siamang (Hyloba-
    19  tidae, Hylobates sp.), orangutan (Hominidae Pongindae, Pongo sp.), chim-
    20  panzee (Hominidae, Homininae  Pan.  sp.),  gorilla  (Hominidae,  Homini-
    21  nae,  Gorilla   sp.), macaque     (Cercopithecidea,     Cercopithecinae,
    22  Macaca    sp.), baboon (Cercopithecidae,  Cercopithecinae,  Papio   sp.,
    23  Theropithecus sp., Mandrillus  sp.),  langur  (Cercopithecidae,  Colobi-
    24  nac,  Presbytis sp., Trachypithecus sp.), colobus monkey  (Cercopitheci-
    25  dae,  Colobinae,  Colobus sp.), guenon  (Cercopithecidae,  Cercopitheci-
    26  nae,  Cercopithecus sp.), new world  monkeys  (Callitrichidae,  Cebidae,
    27  Aotidae, Pitheciidae, and Atelidae), and old world monkeys, taxonomical-
    28  ly known as Cercopithecoidea.
    29    (b) "Entertainment act" means any exhibition, act, circus, trade show,
    30  carnival,  ride,  parade, race, performance or similar undertaking which
    31  is primarily undertaken for the entertainment or  amusement  of  a  live
    32  audience.
    33    (c)  "Person"  means  an  individual,  partnership,  limited liability
    34  company, corporation, joint venture, association, trust, estate  or  any
    35  other  legal  entity,  and  any  officer, member, shareholder, director,
    36  employee, agent or representative of any such entity.
    37    § 4. The environmental conservation law is amended  by  adding  a  new
    38  section 11-0540-a to read as follows:
    39  §  11-0540-a.  Prohibition on permits authorizing the use of primates in
    40               entertainment acts.
    41    The department shall not  issue  any  license  or  permit  that  would
    42  authorize  the  use  of  a  primate  in an entertainment act pursuant to
    43  section three hundred eighty-a of the agriculture and markets law.
    44    § 5. This act shall take effect two years after it shall have become a
    45  law. Effective immediately, the addition, amendment and/or repeal of any
    46  rule or regulation necessary for the implementation of this act  on  its
    47  effective date are authorized to be made and completed on or before such
    48  effective date.
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