Prohibits the participation of certain animals in traveling animal acts; prohibits the department of environmental conservation from issuing permits or licenses allowing participation of certain animals in traveling animal acts; excludes certain permanent performing institutions; imposes a civil penalty not to exceed $1000 for a violation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5850
SPONSOR: Glick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the participation of certain animals in traveling animal
acts
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit the use of certain animals in
traveling animal acts.
SUMMARY OF PROVISIONS:
Section one prohibits the Department of Environmental Conservation (DEC)
from issuing permits or licenses that would authorize the exhibition of
covered animals in traveling acts. Covered animals are cats that are not
domestic cats, kangaroos, wallabys, bears, and non-human primates.
Section two sets an effective date.
JUSTIFICATION:
Traveling wildlife acts bring the public into dangerous proximity to
powerful and unpredictable wild animals. Animal trainers have been
attacked, and sometimes killed, in front of audiences. At the Saratoga
County Fair in 2017, a grizzly bear clawed a handler's face during an
exhibition and in 2006, an adult tiger clawed a 4-year-old boy at the
same fair, resulting in 14 stitches on the child's head. In 2004, a
450-pound tiger escaped from a circus resulting in traffic accidents on
the Jackie Robinson Parkway in Queens before the animal was captured.
In 2017, New York State enacted legislation prohibiting the use of
elephants in entertainment acts, Including circuses, carnivals, parades,
or trade shows. In 2014, New York prohibited human contact with tigers,
lions, or any other big cats. Additionally, NYSDEC Issued permits
prohibit public contact with endangered or threatened wildlife at fairs
and circuses. By population, more than half the state already prohibits
wild animals In traveling shows, including New York City, Suffolk Coun-
ty, Westchester County, East Hampton, Southampton, Greenburgh, Wallkill,
and Ulysses.
The traveling act environment Is far removed from a wild animal's
natural habitat. As the public becomes more aware of the need to protect
endangered and threatened species, the presence of such animals in these
acts has become difficult to justify. This bill would prohibit the NYS
Department of Environmental Conservation from issuing permits or
licenses that would authorize non-human primates, bears, kangaroos,
wallabies, and cats to appear in traveling acts.
PRIOR LEGISLATIVE HISTORY:
2017-18 A.8157-A passed assembly
2019-20 A.3673 ordered to third reading cal.151
2021-22: A.5542 ordered to third reading cal.179
2023-24: A.4005 Reported referred to rules
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect December 31, 2026.
STATE OF NEW YORK
________________________________________________________________________
5850
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. GLICK, BORES, SIMONE, LEE, COLTON, BURDICK,
ROSENTHAL, EPSTEIN, GONZALEZ-ROJAS, DINOWITZ, SIMON, STECK, DAVILA,
SHIMSKY, McDONOUGH, PAULIN -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the participation of certain animals in traveling animal
acts
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 11-0541 to read as follows:
3 § 11-0541. Traveling animal acts.
4 1. Notwithstanding any other provision of law, no person shall allow
5 for the participation of a covered animal in a traveling animal act.
6 2. The department shall not issue a permit or license, including, but
7 not limited to, an education or exhibition permit or an endangered or
8 threatened species license that would allow for the participation of a
9 covered animal in a traveling animal act.
10 3. This section shall not apply to a performance that takes place at a
11 non-mobile, permanent institution or other fixed facility.
12 4. For the purposes of this section, the following terms shall have
13 the following meanings:
14 (a) "Covered animal" shall mean any of the following animals, includ-
15 ing hybrids thereof:
16 (i) Felidae, but excluding domestic cats;
17 (ii) Kangaroo;
18 (iii) Non-human primate;
19 (iv) Ursidae; and
20 (v) Wallaby.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03846-02-5
A. 5850 2
1 (b) "Mobile or traveling housing facility" shall mean a transporting
2 vehicle such as a truck, trailer, or railway car, used to transport or
3 house animals while traveling for exhibition or other performance.
4 (c) "Performance" shall mean any exhibition or public showing, presen-
5 tation, display, exposition, fair, animal act, circus, ride, trade show,
6 petting zoo, carnival, parade, race, or similar undertaking in which
7 covered animals are required to perform tricks, give rides, or partic-
8 ipate as accompaniments for the entertainment, amusement, or benefit of
9 a live audience.
10 (d) "Traveling animal act" shall mean any performance of covered
11 animals where such animals are transported to, from, or between
12 locations for the purpose of such performance, in a mobile or traveling
13 housing facility.
14 5. A violation of this section shall be punishable by a civil penalty
15 of not more than one thousand dollars.
16 § 2. This act shall take effect December 31, 2026.
