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

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6903
                                   I N  S E N A T E
                                    March 27, 2014
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       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
    7  THIS 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.
   26    5.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
   27  PROTECTIONS AFFORDED TO WILD ANIMALS UNDER ANY OTHER LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14190-01-4
       S. 6903                             2
    1    6.  NOTHING  IN  THIS  SECTION SHALL PREVENT ANY CITY, TOWN, OR COUNTY
    2  FROM ENACTING  MORE  RESTRICTIVE  PROVISIONS  GOVERNING  DIRECT  CONTACT
    3  BETWEEN WILD ANIMALS AND THE PUBLIC.
    4    S 2. This act shall take effect immediately.