S1093

An Act concerning the use of wild or exotic animals in traveling animal acts, designated as Nosey’s Law, and supplementing Title 23 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Mobile or traveling housing facility” means a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance.

“Performance” means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience.

“Traveling animal act” means any performance which requires an animal to be transported to or from the location of a performance in a mobile or traveling housing facility.

“Wild or exotic animal” means any non-domesticated species of mammal, bird, reptile, or amphibian.

b. Notwithstanding any other law, rule, or regulation adopted pursuant thereto, to the contrary, no person shall use a wild or exotic animal in a traveling animal act.

c. Any person who violates this section shall be subject to the penalties provided for in section 10 of P.L.1973, c.309 (C.23:2A-10), except that the criminal penalties provided in subsection f. of that section shall not apply.

d. This section shall not apply to:

(1) exhibitions at a non-mobile, permanent institution or facility certified by the United States Department of Agriculture and accredited by the Association of Zoos and Aquariums, the Global Federation of Animal Sanctuaries, the American Sanctuary Association, or a similar organization as determined by the Department of Environmental Protection;

(2) outreach programs for educational or conservation purposes conducted by a facility accredited by the Association of Zoos and Aquariums, the Global Federation of Animal Sanctuaries, the American Sanctuary Association, or a similar organization as determined by the Department of Environmental Protection;

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

(4) outreach programs for educational or conservation purposes conducted by governmental entities.

2. This act shall take effect immediately.

STATEMENT

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

The term “traveling animal act” is defined in the bill to mean 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 term “mobile or traveling housing facility” is defined in the bill to mean a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance. The bill provides various exemptions for educational, conservation, and research purposes.

A person who violates the bill is subject to the same penalties provided in “The Endangered and Nongame Species Conservation Act,” including civil administrative penalties, civil penalties, and injunctive relief, but not the criminal penalties described in subsection f. of that section of law.

Nosey is an elephant who is virtually crippled by arthritis, and who is forced to travel the country to give rides at fairs, flea markets, and other events. The arthritis has likely caused Nosey unnecessary suffering and permanent disability, and reports indicate that Nosey has been denied necessary veterinary care. The bill is designed to ensure that other animals will not be subject to the same mistreatment that Nosey has been forced to endure.