senate Bill S6903

Signed by Governor Amended

Relates to public safety and big cats

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 27 / Mar / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 13 / May / 2014
    • 1ST REPORT CAL.625
  • 14 / May / 2014
    • AMENDED 6903A
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING (T) 6903B
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 11 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 11 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 11 / Jun / 2014
    • AMENDED ON THIRD READING 6903C
  • 17 / Jun / 2014
    • REPASSED SENATE
  • 17 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO CODES
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A9004C
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.361
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.307

Summary

Relates to public safety and big cats; prohibits contact with big cats.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9004
Versions:
S6903
S6903A
S6903B
S6903C
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง11-0538, En Con L

Votes

7
1
7
Aye
1
Nay
5
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S6903

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to public safety and wild animals

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect animal caretakers, those
inter-acting with wild animals, bystanders and the animals themselves
by preventing direct contact between wild animals and members of the
public.

SUMMARY OF PROVISIONS:

Section one amends the environmental conservation law by adding a new
section 11-0538.

Section two sets forth the effective date.

JUSTIFICATION:

In New York and throughout the United States, several roadside zoo
exhibitors and traveling menageries allow members of the public to
hold take photos with, and otherwise interact with wild animals in
roadside zoos, fairgrounds, malls and other public areas. This
activity severely harms the welfare of the animals, endangers the
public, and is a heavy burden on law enforcement.

This activity also requires an ongoing supply of young animals. Infant
animals are prematurely separated from their mothers to be groomed for
human handling, often die due to constant handling and travel, and are
even subjected to abusive training and painful declawing or deranging
procedures in a futile attempt to make them safe for public contact
once they mature. After the animals grow too big for handling, they
are held on leashes with no protective barriers. Often they are dumped
and sent to substandard facilities.

There is no safe or humane result when direct contact with wild
animals is allowed. Other states, including Kansas; Mississippi, and
Arizona, have strengthened existing laws to address public contact
issues.

This legislation is narrowly crafted to prohibit direct physical
contact between members of the public and captive wild animals as
defined in subdivision 6 (e) of section 11-0103 of the New York
Environmental Conservation Law. This bill would not impact exhibition
of captive animals or restrict veterinary examination, treatment and
care, or transportation deemed necessary.

LEGISLATIVE HISTORY:

2013-2014 Assembly A9004(Rosenthal)

FISCAL IMPLICATIONS:

Yet to be determined.


EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    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:

  Section 1. The environmental conservation law is amended by  adding  a
new section 11-0538 to read as follows:
S 11-0538. DIRECT CONTACT BETWEEN PUBLIC AND WILD ANIMALS PROHIBITED.
  1. AS USED IN THIS SECTION:
  (A)  "WILD  ANIMAL" MEANS A LIVING WILD ANIMAL OF THE ORDERS AND FAMI-
LIES DEFINED IN PARAGRAPH (E) OF SUBDIVISION 6  OF  SECTION  11-0103  OF
THIS ARTICLE.
  (B)  "DIRECT  CONTACT"  MEANS  PHYSICAL  CONTACT WITH A WILD ANIMAL OR
PROXIMITY TO A WILD ANIMAL WHERE PHYSICAL  CONTACT  WOULD  BE  POSSIBLE,
INCLUDING,  BUT  NOT  LIMITED  TO, HAVING A PHOTOGRAPH TAKEN WITH A WILD
ANIMAL WITHOUT A  PERMANENT  PHYSICAL  BARRIER  THAT  PREVENTS  PHYSICAL
CONTACT BETWEEN THE PUBLIC AND WILD ANIMAL.
  2.  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON LICENSED OR REQUIRED TO BE
LICENSED AS AN EXHIBITOR OR DEALER PURSUANT TO THE ANIMAL WELFARE ACT, 7
USC 2132-2134, INCLUDING AGENTS OR EMPLOYEES OF SUCH PERSON, TO KNOWING-
LY ALLOW THE PUBLIC TO HAVE DIRECT CONTACT WITH A WILD ANIMAL.
  3. ANY PERSON WHO VIOLATES 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 SUBSE-
QUENT OFFENSES. EACH INSTANCE OF  ALLOWING  DIRECT  CONTACT  OF  A  WILD
ANIMAL  WITH  THE PUBLIC IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A
SEPARATE OFFENSE.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR  RESTRICT
VETERINARY  EXAMINATION, TREATMENT OR CARE OF A WILD ANIMAL OR TRANSPOR-
TATION OF THE ANIMAL FOR SUCH PURPOSE.
  5.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
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

  6.  NOTHING  IN  THIS  SECTION SHALL PREVENT ANY CITY, TOWN, OR COUNTY
FROM ENACTING  MORE  RESTRICTIVE  PROVISIONS  GOVERNING  DIRECT  CONTACT
BETWEEN WILD ANIMALS AND THE PUBLIC.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.