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--B
           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
         -- ordered to a third reading, amended and ordered reprinted,  retain-
         ing its place in the order of third reading
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         public safety and big cats
         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 BIG CATS PROHIBITED.
    4    1. AS USED IN THIS SECTION:
    5    (A) "BIG CAT" SHALL MEAN ANY LIVE SPECIES OF LION (PANTHERA LEO PERSI-
    6  CA),  TIGER  (PANTHERA  TIGRES),  LEOPARD  (PANTHERA  PARDUS),   CHEETAH
    7  (ACINOYX  JUBATUS),  JAGUAR  (PANTHERA  ONCA),  MOUNTAIN LION, SOMETIMES
    8  CALLED COUGAR (FELIS CONCOLAR) OR ANY HYBRID OF SUCH SPECIES.
    9    (B) "DIRECT CONTACT" MEANS PHYSICAL CONTACT OR PROXIMITY  WHERE  PHYS-
   10  ICAL  CONTACT  IS  POSSIBLE,  INCLUDING,  BUT NOT LIMITED TO, ALLOWING A
   11  PHOTOGRAPH TO BE TAKEN WITHOUT A PERMANENT PHYSICAL BARRIER DESIGNED  TO
   12  PREVENT PHYSICAL CONTACT BETWEEN THE PUBLIC AND BIG CATS.
   13    (C)  "DEALER" SHALL MEAN ANY PERSON WHO, IN COMMERCE, FOR COMPENSATION
   14  OR PROFIT, DELIVERS FOR  TRANSPORTATION,  OR  TRANSPORTS,  EXCEPT  AS  A
   15  CARRIER, BUYS, SELLS, OR NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMALS.
   16    (D)  "EXHIBITOR"  SHALL MEAN ANY PERSON (PUBLIC OR PRIVATE) EXHIBITING
   17  ANY ANIMALS, WHICH WERE PURCHASED IN COMMERCE OR THE  INTENDED  DISTRIB-
   18  UTION  OF WHICH AFFECTS COMMERCE, OR WILL AFFECT COMMERCE, TO THE PUBLIC
   19  FOR COMPENSATION, AS DETERMINED  BY  THE  COMMISSIONER,  AND  SUCH  TERM
   20  INCLUDES  CARNIVALS,  CIRCUSES, AND ZOOS EXHIBITING SUCH ANIMALS WHETHER
   21  OPERATED FOR PROFIT OR NOT.
   22    2. IT SHALL BE UNLAWFUL FOR ANY PERSON  LICENSED  OR  REQUIRED  TO  BE
   23  LICENSED AS AN EXHIBITOR OR DEALER PURSUANT TO THE ANIMAL WELFARE ACT, 7
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14190-07-4
       S. 6903--B                          2
    1  USC 2132-2134, INCLUDING AGENTS OR EMPLOYEES OF SUCH PERSON, TO KNOWING-
    2  LY ALLOW THE PUBLIC TO HAVE DIRECT CONTACT WITH A BIG CAT.
    3    3.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
    4  SUBJECT TO A PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST
    5  OFFENSE AND NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND  AND  SUBSE-
    6  QUENT  OFFENSES.  EACH  INSTANCE OF ALLOWING DIRECT CONTACT OF A BIG CAT
    7  WITH THE PUBLIC IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE
    8  OFFENSE.
    9    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR  RESTRICT
   10  VETERINARY EXAMINATION, TREATMENT OR CARE OF A BIG CAT OR TRANSPORTATION
   11  OF THE ANIMAL FOR SUCH PURPOSE.
   12    S 2. This act shall take effect on the one hundred eightieth day
   13   after it shall have become a law.