Bill Text: NY S04289 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits the taking of zoo, petting zoo, carnival or circus animals; provides that violations shall be punishable by a fine of not less than five hundred dollars nor more than two thousand dollars.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04289 Detail]

Download: New_York-2019-S04289-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4289
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 6, 2019
                                       ___________
        Introduced  by Sens. LAVALLE, SEPULVEDA -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting the taking of zoo, petting zoo, carnival or circus 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 11-1908 to read as follows:
     3  §  11-1908. Prohibits the taking of zoo, petting zoo, carnival or circus
     4               animals.
     5    1. No person shall take, as defined in subdivision thirteen of section
     6  11-0103 of this article, an animal that such person knows or has  reason
     7  to  know  is  presently  or  was  formerly a part of a zoo, petting zoo,
     8  carnival, or circus.
     9    2. No zoo, petting zoo, carnival, or circus or any person licensed  or
    10  required  to be licensed as an exhibitor under the Animal Welfare Act, 7
    11  USC section 2131 et seq., shall sell, offer for sale, distribute, barter
    12  or donate any animal wherein such animal may be intentionally taken.
    13    3. No person who owns, operates, or manages a facility including,  but
    14  not  limited  to a facility that harbors non-native big game mammals, or
    15  any other facility that permits the taking of  animals  shall  purchase,
    16  accept  or receive any animal such person knows or has reason to know is
    17  presently or was formerly a part of a zoo,  petting  zoo,  carnival,  or
    18  circus.
    19    4.  Violations  of  this  section shall be punishable by a fine of not
    20  less than five hundred dollars nor more than two thousand dollars.
    21    5. Nothing in this section shall preempt a municipal corporation  from
    22  enacting  more  restrictive  laws,  ordinances  or regulations governing
    23  animals in zoos, petting zoos, carnivals, or circuses.
    24    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    25  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05044-01-9