ASSEMBLY AGRICULTURE AND NATURAL RESOURCES COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 1923

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  MAY 17, 2018

 

      The Assembly Agriculture and Natural Resources Committee reports favorably, and with committee amendments, Assembly Bill No. 1923.

      This bill, as amended, designated as “Nosey’s Law,” prohibits the use of elephants and other wild or exotic animals in a traveling animal act.

      As amended, the bill defines “traveling animal act” as any performance which requires an animal to be transported to or from the location of the performance in a mobile or traveling housing facility.  The bill, as amended, also specifically defines “wild or exotic animal” as any live animal that is classified into any of the scientific classifications of: 

      1)   Artiodactyla, excluding domestic cattle, bison, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, vicunas, or alpacas;

      2)   Camelidae;

      3)   Canidae, including any hybrids thereof, but excluding domestic dogs;

      4)   Crocodilia;

      5)   Elephantidae;

      6)   Felidae, including any hybrids thereof, but excluding domestic cats;

      7)   Marsupialia;

      8)   Non-human primate;

      9)   Perissodactyla, excluding domestic horses, ponies, donkeys, or mules;

      10)  Pinnipedia;

      11)  Ursidae; and

      12)  Elasmobranchii, excluding rays.

      A person who violates the bill, as amended, is subject to the penalties provided in section 10 of “The Endangered and Nongame Species Conservation Act,” P.L.1973, c.309 (C.23:2A-10), including civil administrative penalties, civil penalties, and injunctive relief, but not the criminal penalties described in subsection f. of that section of law. 

      Finally, the bill, as amended, specifies the prohibitions established by the bill would not apply to: 

      1)   exhibitions at a non-mobile, permanent institution or facility licensed by the United States Department of Agriculture and  permitted by the Division of Fish and Wildlife in the Department of Environmental Protection;

      2)   outreach programs for bona fide educational or conservation purposes conducted by, or affiliated with, a non-mobile, permanent institution or facility;

      3)   an institution of higher education exhibiting wild or exotic animals for research or education purposes; or

      4)   outreach programs conducted by governmental entities.       This bill was pre-filed for introduction in the 2018-2019 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

 

COMMITTEE AMENDMENTS:

      The committee amendments:

      1)   define the term “wild or exotic animal”;

      2)   establish exemptions from the bill’s prohibitions; and

      3)   make technical and clarifying amendments to the bill.