Prohibits the taking of zoo, petting zoo, carnival or circus animals; provides that violations shall be punishable by a fine of not less than five hundred dollars nor more than two thousand dollars.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A862
SPONSOR: Glick (MS) TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the taking of zoo, petting zoo, carnival or circus animals
PURPOSE OR GENERAL IDEA OF BILL:
To amend the environmental conservation law, in relation to prohibiting
the taking killing of zoo, petting zoo, carnival or circus animals.
SUMMARY OF SPECIFIC PROVISIONS:
This bill will amend the environmental conservation law by adding a new
section, which will prohibit the taking of zoo, petting zoo, carnival or
circus animals. It also stipulates that no zoo, petting zoo, carnival or
circus can sell, or offer for sale, distribute, barter or donate any
animal where the animal may be intentionally taken. Additionally, no
person that operates or manages a facility including, but not limited to
a facility that harbors non-native big game mammals, or any other facil-
ity that permits the taking of animals shall purchase, accept or receive
any animal such person knows or has reason to knew is presently or was
formerly a part of a zoo, petting zoo, carnival, or circus.
Violations of this law will be punishable by a fine of not less than
five hundred dollars and not more than two thousand dollars.
Nothing in this section shall preempt a municipal corporation from
enacting more restrictive laws, ordinances or regulation governing
animals in zoos, petting zoos, carnivals, or circuses.
JUSTIFICATION:
This bill seeks to protect animals that have spent a better part of
their life in captivity from an inhumane and unnecessarily painful
death. Animals coming from zoos, petting zoos, circuses and carnivals
have been trained and domesticated making them unfairly easy targets for
hunters. Killing the animal once it has served its purpose should not be
the answer to ridding the facility of excess animals., Additionally,
nothing in this bill should be construed to affect protections afforded
to animals in other sections of law.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.3810 Referred to environmental conservation committee
2021-22: A.5776 Referred to environmental conservation committee
2019-20: A.912 Referred to environmental conservation committee
2017-18: A.4186 Passed Assembly
2015-16: A.4378 Reported referred to rules
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
To take effect on the sixtieth day after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
862
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. GLICK, COLTON, ROSENTHAL, DINOWITZ, OTIS, GONZA-
LEZ-ROJAS -- Multi-Sponsored by -- M. of A. COOK -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the taking of zoo, petting zoo, carnival or circus animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 11-1908 to read as follows:
3 § 11-1908. Prohibits the taking of zoo, petting zoo, carnival or circus
4 animals.
5 1. No person shall take, as defined in subdivision thirteen of section
6 11-0103 of this article, an animal that such person knows or has reason
7 to know is presently or was formerly a part of a zoo, petting zoo,
8 carnival, or circus.
9 2. No zoo, petting zoo, carnival, or circus or any person licensed or
10 required to be licensed as an exhibitor under the Animal Welfare Act, 7
11 USC section 2131 et seq., shall sell, offer for sale, distribute, barter
12 or donate any animal wherein such animal may be intentionally taken.
13 3. No person who owns, operates, or manages a facility including, but
14 not limited to a facility that harbors non-native big game mammals, or
15 any other facility that permits the taking of animals shall purchase,
16 accept or receive any animal such person knows or has reason to know is
17 presently or was formerly a part of a zoo, petting zoo, carnival, or
18 circus.
19 4. Violations of this section shall be punishable by a fine of not
20 less than five hundred dollars nor more than two thousand dollars.
21 5. Nothing in this section shall preempt a municipal corporation from
22 enacting more restrictive laws, ordinances or regulations governing
23 animals in zoos, petting zoos, carnivals, or circuses.
24 § 2. This act shall take effect on the sixtieth day after it shall
25 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03048-01-5
