senate Bill S6903C

Signed by Governor

Relates to public safety and big cats

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Bill Status


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

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Bill Details

See Assembly Version of this Bill:
A9004C
Versions:
S6903
S6903A
S6903B
S6903C
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง11-0538, En Con L

Sponsor Memo

BILL NUMBER:S6903C

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

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. In addition, the bill
specifically does not apply to zoos or aquariums accredited by the
association of zoos & aquariums (AZA).

LEGISLATIVE HISTORY:

2013-2014 Assembly A9004(Rosenthal)

FISCAL IMPLICATIONS:

Yet to be determined.


EFFECTIVE DATE:

This act shall take effect on the one hundred and eightieth 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
________________________________________________________________________

                                 6903--C
    Cal. No. 625

                            I N  S E N A T E

                             March 27, 2014
                               ___________

Introduced  by  Sens. AVELLA, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  --  reported  favorably  from said committee, ordered to
  first report, amended on first report, ordered to a second report  and
  ordered  reprinted,  retaining its place in the order of second report
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing  its  place  in the order of third reading -- passed by Senate and
  delivered to the Assembly, recalled, vote  reconsidered,  restored  to
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  public safety and big cats

  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 BIG CATS PROHIBITED.
  1. AS USED IN THIS SECTION:
  (A)  "BIG  CAT"  SHALL  MEAN  ANY LIVE SPECIES OF LION (PANTHERA LEO),
TIGER (PANTHERA TIGRES), LEOPARD (PANTHERA PARDUS) (WITH  THE  EXCEPTION
OF  CLOUDED LEOPARDS (NEOFELIS NEBULOSA)), JAGUAR (PANTHERA ONCA), MOUN-
TAIN LION, SOMETIMES CALLED COUGAR (FELIS CONCOLAR)  OR  ANY  HYBRID  OF
SUCH SPECIES.
  (B)  "DIRECT  CONTACT" MEANS PHYSICAL CONTACT OR PROXIMITY WHERE PHYS-
ICAL CONTACT IS POSSIBLE, INCLUDING, BUT  NOT  LIMITED  TO,  ALLOWING  A
PHOTOGRAPH  TO BE TAKEN WITHOUT A PERMANENT PHYSICAL BARRIER DESIGNED TO
PREVENT PHYSICAL CONTACT BETWEEN THE PUBLIC AND BIG CATS.
  (C) "DEALER" SHALL MEAN ANY PERSON WHO, IN COMMERCE, FOR  COMPENSATION
OR  PROFIT,  DELIVERS  FOR  TRANSPORTATION,  OR  TRANSPORTS, EXCEPT AS A
CARRIER, BUYS, SELLS, OR NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMALS.
  (D) "EXHIBITOR" SHALL MEAN ANY PERSON (PUBLIC OR  PRIVATE)  EXHIBITING
ANY  ANIMALS,  WHICH WERE PURCHASED IN COMMERCE OR THE INTENDED DISTRIB-
UTION OF WHICH AFFECTS COMMERCE, OR WILL AFFECT COMMERCE, TO THE  PUBLIC
FOR  COMPENSATION,  AS  DETERMINED  BY  THE  COMMISSIONER, AND SUCH TERM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14190-10-4

S. 6903--C                          2

INCLUDES CARNIVALS, CIRCUSES, AND ZOOS EXHIBITING SUCH  ANIMALS  WHETHER
OPERATED FOR PROFIT OR NOT.
  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 BIG CAT.
  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  BIG  CAT
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 BIG CAT OR TRANSPORTATION
OF THE ANIMAL FOR SUCH PURPOSE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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