ACTION ALERT: NJ S1093

New Jersey S1093: Ban on Educational Outreach Programs

UPDATE 10/22/18: Passed Assembly Appropriations Committee.

UPDATE: S1093 passed committee on 5/31/18 with amendments. While this bill is still completely unnecessary and a redundancy when stacked on top of animal welfare and cruelty laws already in place, very few, if any, animal educators will be affected if passed after incorporation of the amendments.

Our Alert for the Companion bill, A1923: www.usark.org/uncategorized/action-alert-nj-a1923/.

Rather than banning any programs with species non-native to New Jersey (under language as introduced), there is now a list of "wild or exotic animals" (see below). There are also some exemptions (i.e. USDA-licensed facilities) which were not previously included.

Species list (program with these species will be banned unless qualifying as exempted):

(1) Artiodactyla, excluding certain named species;
(2) Camelidae;
(3) Canidae, including hybrids, but excluding domestic dogs;
(4) Crocodilia;
(5) Elephantidae;
(6) Felidae, including hybrids, but excluding domestic cats;
(7) Marsupialia;
(8) Non-human primate;
(9) Perissodactyla, excluding certain named species;
(10) Pinnipedia;
(11) Ursidae; and
(12) Elasmobranchii, excluding rays. ______________________________________________________________________________________________

After misinforming legislators with the previous "Nosey's Law" (S2508) in 2017, the animal rights groups came back again in 2018 with the same proposal, now bill S1093. Luckily, Governor Christie vetoed the 2017 bill (S2508) just days after his office was informed of the actual implications of its wording. At the start of 2018, the same false propaganda was spread in, and about yet another superfluous bill and more wasting of taxpayer money. It now has both an Assembly and a Senate version.

We say "superfluous," as animal welfare and animal cruelty laws already exist to protect animals in New Jersey. Those should be enforced without the continued unnecessary and repetitive legislation proposals which do nothing more than waste taxpayer money and allow legislators the veil to seem busy with "work."

Animal rights and pseudo-animal welfare groups will again feed the legislators false propaganda and misinformation, so we must do our job to educate legislators properly.

"Nosey's Law" is not a ban on the use of elephants in circuses. It is a ban on taking a tortoise into a classroom for an educational program about reptiles. It is a ban on taking a ball python, a red-eyed tree frog, a parakeet, and a ferret into a library for an educational show discussing the differences between reptiles, amphibians, birds, and mammals. It is a ban on llamas and any other non-traditional livestock at the State Fair or county 4-H fairs. Basically, if an animal non-native to New Jersey is placed into a vehicle and taken anywhere where someone besides a veterinarian will see it in a private room, that it is an illegal activity and you are a criminal. Not even zoos are exempt!

"Performance" as used in this bill, means anything from which the audience benefits. Education is a benefit. If the presenter is entertaining while teaching, then there are two benefits.

According to New Jersey Title 23: “Exotic animal” means any species of mammal, bird, reptile, amphibian, fish, mollusk, or crustacean that is not indigenous to New Jersey. While the New Jersey Fish and Game Council could list only certain species to be included in this law, that is not part of the bill, nor is it to be expected.

Voice your opposition now!

TAKE ACTION by doing one or, preferably, all of the below.

Remember to be civil and professional at all times.

  1. FAX letters (samples below) to their offices (contact link above). You can use any or all of the sample letters below.
  2. Mail letters (samples below) to their offices (contact link above). You can use any or all of the sample letters below.
  3. New Jersey residents should contact your applicable Senators and Assembly Representatives. You may find their names and contact details on the right side of the page at www.njleg.state.nj.us/members/legsearch.asp. You will find multiple ways to search. You may need to scroll down.

Sample Letter Headings or Email Subject Lines

  1. NO to S1093, Nosey's Law
  2. STOP S1093, Nosey's Law
  3. S1093 is Bad for New Jersey
  4. Do Not Listen to the Nosey's Law Lies

Copy/paste email list:

See #4 above to find your representative.

Sample Letters/Emails

Short letter

Dear New Jersey Legislator,

I implore you to stop S1093, known as "Nosey's Law." As a dedicated advocate for animal welfare, I ask you to realize that this bill is redundant, and a waste of New Jersey taxpayers' money. New Jersey already has extensive animal welfare and anti-cruelty legislation. The amendments to this bill that were passed by the Assembly Agriculture and Natural Resources Committee in May removed a lot of the unintended consequences, but that has not removed the fact that this legislation is unnecessary to begin with. Last year (with S2508), and now again this year, the New Jersey legislators were lied to and provided misinformation regarding the implications of this bill. If this bill passes in any form, it will be touted as an Animal Rights victory, and used to inspire harmful legislation in other states. Hopefully, you will do what is right for New Jersey, the animals, and responsible animal educators by saying NO to S1093! Have a good day.

YOUR Name

Longer email

Dear New Jersey Legislator,

As a dedicated advocate for animal welfare, I implore you to stop A1923, known as "Nosey's Law." I ask you to realize that this bill is redundant, and a waste of New Jersey taxpayers' money. New Jersey already has extensive animal welfare and anti-cruelty legislation..

The amendments to this bill that were passed by the Assembly Agriculture and Natural Resources Committee in May removed a lot of the unintended consequences, but that has not removed the fact that this legislation is unnecessary to begin with. S1093 would be just another unnecessary law! New Jersey already has animal welfare laws. Enforce those laws, punish the "bad actors" and the criminals. No new law is needed to ensure that happens.

Thank you for your time and consideration on this matter. Hopefully, you will do what is right for New Jersey, the animals, and responsible animal educators by stopping S1093! Have a good day.

YOUR Name

 

CURRENT VERSION OF TEXT (as of May 31/18)

     As reported by the Senate Economic Growth Committee on May 31, 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;

(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 rays1.

  1. 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.
  2. 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.
  3. 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.

Article written by USARK