senate Bill S7078A

Amended

Relates to wild and exotic animal protection

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Apr / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 23 / May / 2012
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 23 / May / 2012
    • PRINT NUMBER 7078A
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1046
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2012
    • AMENDED ON THIRD READING 7078B
  • 19 / Jun / 2012
    • SUBSTITUTED BY A10041B

Summary

Relates to wild and exotic animal protection; prohibits release of such animals; requires owners of exotic animals to pay for costs associated with animal recapture.

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Bill Details

Versions:
S7078
S7078A
S7078B
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0512, En Con L

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Sponsor Memo

BILL NUMBER:S7078A

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to wild
and exotic animal protection

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to increase public protections and
provide a financial safeguard for exigencies relating to possessing
exotic and wild animals.

SUMMARY OF SPECIFIC PROVISIONS:
Section One Amends subdivisions 1, 8 and 9 of section 11-0512 of the
environmental conservation law, as amended by chapter 10 of the laws of
2005.

Section Two Amends paragraphs b and c of subdivision 3 of section
11-0512 of the environmental conservation law, as amended by chapter 10
of the laws of 2005.

Section Three Amends section 11-0512 of the environmental conservation
law by adding a new subdivision 11.

Section Four Establishes the effective date.

JUSTIFICATION:
This legislation will provide a needed level of pecuniary protection to
communities in which potentially dangerous wild and exotic animals are
maintained. Currently, there is no legal imperative to hold owners of
exotic or wild animals responsible for damages or expenses incurred by a
municipality charged with responding to an array of exigencies related
to keeping exotic animals.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7078--A

                            I N  S E N A T E

                             April 27, 2012
                               ___________

Introduced  by  Sens.  GRISANTI, AVELLA, OPPENHEIMER, ROBACH, SERRANO --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Environmental Conservation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the environmental conservation law, in relation to wild
  and exotic animal protection

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 1, 8 and 9 of section 11-0512 of the environ-
mental conservation law, as amended by chapter 10 of the laws  of  2005,
are amended to read as follows:
  1.  No person shall knowingly possess, harbor, sell, barter, transfer,
exchange, RELEASE, or import any wild animal for use as  a  pet  in  New
York state, except as provided in subdivision three of this section.
  8.  The department, any police or peace officer of this state, a local
animal  control  officer,  or  a  duly  incorporated  society  for   the
prevention  of  cruelty  to  animals is hereby authorized to enforce the
provisions of this section and issue notices of violation to persons  in
violation  of  this  section,  and shall have the authority to seize any
wild animal held in violation of this section. A county society for  the
prevention  of cruelty to animals must obtain a warrant before seizing a
wild animal or arresting a person who owns or possesses  a  wild  animal
under  this  section. Wild animals seized or surrendered pursuant to the
provisions of this section shall be transferred to a  duly  incorporated
wildlife sanctuary as defined in this section, or a zoological facility,
or  shall  be  humanely  euthanized.  Any costs associated with seizing,
transferring, RECAPTURING or euthanizing a wild animal shall be borne by
the person who owned, harbored or possessed the animal.  The  department
shall  also have the authority to seek injunctive relief in any court of
appropriate  jurisdiction  to  prevent  continued  violations  of   this
section.
  9. Notwithstanding any other provision of law, any person who knowing-
ly  breeds  a  wild animal or knowingly possesses, owns, harbors, sells,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14078-06-2

S. 7078--A                          2

barters, transfers, exchanges, or imports a wild animal for use as a pet
in violation of the provisions of this section shall  be  subject  to  a
penalty  of not more than five hundred dollars for the first offense and
not more than one thousand dollars for a second and subsequent offenses.
Each  instance  of  breeding,  owning, harboring, sale, barter, RELEASE,
transfer, exchange, or import of a wild  animal  in  violation  of  this
section shall constitute a separate offense.
  S  2.  Paragraphs  b  and c of subdivision 3 of section 11-0512 of the
environmental conservation law, as amended by chapter 10 of the laws  of
2005, are amended and a new paragraph d is added to read as follows:
  b.  Applies  to the department within six months of the effective date
of this section, and obtains from the department, a license pursuant  to
subdivision four of this section; [and]
  c. Complies with all applicable federal, state, or local laws, includ-
ing  any  ordinance,  rule  or  regulation  adopted  by a local board of
health, or any rules and regulations established by  the  department  as
requisites for ownership of such wild animal[.]; AND
  D.    REPORTS  A  RELEASE  TO  THE  LOCAL POLICE DEPARTMENT AND ANIMAL
CONTROL IMMEDIATELY UPON DISCOVERY OF THE RELEASE. EACH ESCAPE DURING  A
TWELVE  MONTH  PERIOD OF TIME WILL SUBJECT THE POSSESSOR TO PENALTIES BY
THE DEPARTMENT PURSUANT TO SUBDIVISIONS EIGHT AND NINE OF THIS SECTION.
  S 3. Section 11-0512 of the environmental conservation law is  amended
by adding a new subdivision 11 to read as follows:
  11.  FOR  PURPOSES  OF THIS SECTION, "RELEASE" SHALL MEAN KNOWINGLY OR
NEGLIGENTLY FREEING  OR  SETTING  AT-LARGE  ANY  WILD  ANIMAL  FROM  THE
LOCATION WHERE THE ANIMAL IS PERMITTED TO BE POSSESSED OR HARBORED.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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