ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 1923

with committee amendments

STATE OF NEW JERSEY

DATED:  OCTOBER 22, 2018

      The Assembly Appropriations Committee reports favorably Assembly Bill No. 1923, (1R) with committee amendments.

      Assembly Bill No. 1923 (1R) 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, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, 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.

      As reported, this bill is identical to Senate Bill No. 1093 (1R), as amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) exclude the American buffalo from the definition of “wild or exotic animal”;

      (2) change the effective date so that the bill’s prohibition on the use of the wild or exotic animal would not apply to a travelling animal act that occurs in a city of the first class or before June 30, 2019; and

      (3) make technical corrections.

FISCAL IMPACT:

      This bill has not been certified as requiring a fiscal note.