SENATE, No. 1093
STATE OF NEW JERSEY
INTRODUCED JANUARY 25, 2018
Senator NILSA CRUZ-PEREZ
District 5 (Camden and Gloucester)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman JAMEL C. HOLLEY
District 20 (Union)
Senator Greenstein, Assemblywomen Reynolds-Jackson, Jasey, Assemblyman Calabrese, Assemblywoman Jimenez, Assemblymen Mazzeo, Armato, Assemblywoman McKnight, Assemblyman Freiman and Assemblywoman Pinkin
“Nosey’s Law”; prohibits use of wild or exotic animals in traveling animal acts.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on October 22, 2018, with amendments.
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 1[non-domesticated species of mammal, bird, reptile, or amphibian] live animal that is classified into any of the following scientific classifications:
(1) Artiodactyla, excluding domestic cattle, bison, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, or alpacas;
(3) Canidae, including any hybrids thereof, but excluding domestic dogs;
(6) Felidae, including any hybrids thereof, but excluding domestic cats;
(8) Non-human primate;
(9) Perissodactyla, excluding domestic horses, ponies, donkeys, or mules;
(11) Ursidae; and
(12) Elasmobranchii, excluding rays1.
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 1[certified] licensed1 by the United States Department of Agriculture and 1[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] permitted by the Division of Fish and Wildlife in1 the Department of Environmental Protection;
(2) outreach programs for 1bona fide1 educational or conservation purposes conducted by 1, or affiliated with,1 a 1non-mobile, permanent institution or1 facility 1[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] that meets the requirements described in paragraph (1) of this subsection1;
(3) an institution of higher education exhibiting wild or exotic animals for research or education purposes; or
(4) outreach programs 1[for educational or conservation purposes]1 conducted by governmental entities.
2. This act shall take effect immediately 2but shall not apply to a traveling animal act that occurs on or before June 30, 2019 held in a city of the first class2.