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