Bill Text: NY S04452 | 2015-2016 | General Assembly | Amended


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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-19 - PRINT NUMBER 4452A [S04452 Detail]

Download: New_York-2015-S04452-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4452--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                     March 20, 2015
                                       ___________
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- recommitted to  the  Committee  on  Environmental  Conservation  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08273-06-6

        S. 4452--A                          2
     1    5.  Nothing in this section shall preempt a municipal corporation from
     2  enacting more restrictive  laws,  ordinances  or  regulations  governing
     3  animals in zoos, petting zoos, carnivals, or circuses.
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.
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