Bill Text: NY S06903 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to public safety and big cats; prohibits contact with big cats.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-11 - SIGNED CHAP.307 [S06903 Detail]

Download: New_York-2013-S06903-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6903--A
           Cal. No. 625
                                   I N  S E N A T E
                                    March 27, 2014
                                      ___________
       Introduced  by  Sens. AVELLA, KRUEGER -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Environmental
         Conservation  --  reported  favorably  from said committee, ordered to
         first report, amended on first report, ordered to a second report  and
         ordered reprinted, retaining its place in the order of second report
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         public safety and wild animals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 11-0538 to read as follows:
    3  S 11-0538. DIRECT CONTACT BETWEEN PUBLIC AND WILD ANIMALS PROHIBITED.
    4    1. AS USED IN THIS SECTION:
    5    (A) "WILD ANIMAL" MEANS A LIVING WILD ANIMAL OF THE ORDERS  AND  FAMI-
    6  LIES  DEFINED IN PARAGRAPH E OF SUBDIVISION 6 OF SECTION 11-0103 OF THIS
    7  ARTICLE.
    8    (B) "DIRECT CONTACT" MEANS PHYSICAL CONTACT  WITH  A  WILD  ANIMAL  OR
    9  PROXIMITY  TO  A  WILD  ANIMAL WHERE PHYSICAL CONTACT WOULD BE POSSIBLE,
   10  INCLUDING, BUT NOT LIMITED TO, HAVING A PHOTOGRAPH  TAKEN  WITH  A  WILD
   11  ANIMAL  WITHOUT  A  PERMANENT  PHYSICAL  BARRIER  THAT PREVENTS PHYSICAL
   12  CONTACT BETWEEN THE PUBLIC AND WILD ANIMAL.
   13    2. IT SHALL BE UNLAWFUL FOR ANY PERSON  LICENSED  OR  REQUIRED  TO  BE
   14  LICENSED AS AN EXHIBITOR OR DEALER PURSUANT TO THE ANIMAL WELFARE ACT, 7
   15  USC 2132-2134, INCLUDING AGENTS OR EMPLOYEES OF SUCH PERSON, TO KNOWING-
   16  LY ALLOW THE PUBLIC TO HAVE DIRECT CONTACT WITH A WILD ANIMAL.
   17    3.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
   18  SUBJECT TO A PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST
   19  OFFENSE AND NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND  AND  SUBSE-
   20  QUENT  OFFENSES.  EACH  INSTANCE  OF  ALLOWING  DIRECT CONTACT OF A WILD
   21  ANIMAL WITH THE PUBLIC IN VIOLATION OF THIS SECTION SHALL  CONSTITUTE  A
   22  SEPARATE OFFENSE.
   23    4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT
   24  VETERINARY EXAMINATION, TREATMENT OR CARE OF A WILD ANIMAL OR  TRANSPOR-
   25  TATION OF THE ANIMAL FOR SUCH PURPOSE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14190-03-4
       S. 6903--A                          2
    1    5.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
    2  PROTECTIONS AFFORDED TO WILD ANIMALS UNDER ANY OTHER LAW.
    3    6.  NOTHING  IN  THIS  SECTION SHALL PREVENT ANY CITY, TOWN, OR COUNTY
    4  FROM ENACTING  MORE  RESTRICTIVE  PROVISIONS  GOVERNING  DIRECT  CONTACT
    5  BETWEEN WILD ANIMALS AND THE PUBLIC.
    6    7. NOTHING IN THIS SECTION SHALL APPLY TO ZOOS OR AQUARIUMS ACCREDITED
    7  BY THE ASSOCIATION OF ZOOS & AQUARIUMS (AZA).
    8    S 2. This act shall take effect immediately.