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

                                  1307

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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
  enacting Haley's act

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

  Section 1. Article 11 of the environmental conservation law is amended
by adding a new title 26 to read as follows:
                                TITLE 26
                               HALEY'S ACT
SECTION 11-2601. SHORT TITLE.
        11-2603. DEFINITIONS.
        11-2605. PROHIBITIONS.
        11-2607. PENALTIES.
S 11-2601. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS "HALEY'S ACT".
S 11-2603. DEFINITIONS.
  FOR THE PURPOSES OF THIS TITLE:
  1. "BIG CAT" SHALL MEAN ANY LIVE SPECIES OF LION (PANTHERA LEO  PERSI-
CA),   TIGER  (PANTHERA  TIGRES),  LEOPARD  (PANTHERA  PARDUS),  CHEETAH
(ACINOYX JUBATUS), JAGUAR  (PANTHERA  ONCA),  MOUNTAIN  LION,  SOMETIMES
CALLED COUGAR (FELIS CONCOLAR) OR ANY HYBRID OF SUCH SPECIES.
  2.  "DIRECT  CONTACT"  SHALL MEAN ANY SITUATION IN WHICH AN INDIVIDUAL
MAY POTENTIALLY TOUCH OR OTHERWISE COME INTO PHYSICAL CONTACT  WITH  ANY
LIVE SPECIMEN OF A SPECIES.
  3.  "ZOO"  MEANS ANY INDOOR AREA OPEN TO THE PUBLIC FOR THE PURPOSE OF
VIEWING ANIMALS.
  4. "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01067-01-1

              

S. 1307                             2

  5. "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
INCLUDES  CARNIVALS,  CIRCUSES, AND ZOOS EXHIBITING SUCH ANIMALS WHETHER
OPERATED FOR PROFIT OR NOT.
S 11-2605. PROHIBITIONS.
  1. IT SHALL BE UNLAWFUL FOR AN EXHIBITOR OR DEALER  LICENSED  PURSUANT
TO TITLE 7 U.S.C. SECTIONS 2133 AND 2134 TO ALLOW DIRECT CONTACT BETWEEN
A BIG CAT AND A MEMBER OF THE PUBLIC.
  2.  THIS  SECTION  SHALL  NOT  APPLY TO AN EXHIBITOR THAT IS A ZOO, AS
DETERMINED BY THE COMMISSIONER.
  3. AN EXHIBITOR IS DETERMINED TO BE ZOO UNDER SUBDIVISION TWO OF  THIS
SECTION UPON THE COMMISSIONER'S CONSIDERATION OF:
  (A)  WHETHER  THE  EXHIBITOR  IS A FACILITY ACCREDITED BY, AND IN GOOD
STANDING WITH, THE ASSOCIATION OF ZOOS AND AQUARIUMS; AND
  (B) WHETHER THE EXHIBITOR OPERATES WITH SUFFICIENT REGARD  FOR  PUBLIC
SAFETY.
S 11-2607. PENALTIES.
  1.  ANY  DEALER  OR  EXHIBITOR  LICENSED  PURSUANT  TO TITLE 17 U.S.C.
SECTIONS 2133 AND 2134, THAT VIOLATES ANY PROVISION OF  THIS  TITLE,  OR
ANY  RULE OR REGULATION PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS
TITLE, MAY BE ASSESSED A CIVIL PENALTY BY THE COMMISSIONER OF  NOT  MORE
THAN  TEN  THOUSAND  DOLLARS FOR EACH SUCH VIOLATION. EACH VIOLATION AND
EACH DAY DURING WHICH A VIOLATION CONTINUES SHALL BE A SEPARATE OFFENSE.
NO PENALTY SHALL BE ASSESSED UNLESS SUCH  PERSON  IS  GIVEN  NOTICE  AND
OPPORTUNITY FOR A HEARING WITH RESPECT TO THE ALLEGED VIOLATION, AND THE
ORDER OF THE COMMISSIONER ASSESSING A PENALTY SHALL BE FINAL AND CONCLU-
SIVE  UNLESS THE AFFECTED PERSON FILES AN APPEAL FROM THE COMMISSIONER'S
ORDER WITHIN THE PROVISIONS OF THE STATE ADMINISTRATIVE  PROCEDURE  ACT.
THE  COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE APPROPRIATENESS OF
THE PENALTY WITH RESPECT TO THE SIZE  OF  THE  BUSINESS  OF  THE  PERSON
INVOLVED, THE GRAVITY OF THE VIOLATION, THE PERSON'S GOOD FAITH, AND THE
HISTORY  OF  PREVIOUS  VIOLATIONS. ANY SUCH CIVIL PENALTY MAY BE COMPRO-
MISED BY THE COMMISSIONER. UPON ANY FAILURE TO PAY THE PENALTY  ASSESSED
BY  A FINAL ORDER UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL REQUEST
THE ATTORNEY GENERAL TO INSTITUTE A CIVIL ACTION TO COLLECT THE PENALTY.
  2. ANY DEALER OR  EXHIBITOR,  LICENSED  PURSUANT  TO  TITLE  7  U.S.C.
SECTIONS  2133  AND  2134, WHO KNOWINGLY VIOLATES ANY PROVISIONS OF THIS
TITLE SHALL, ON CONVICTION THEREOF, BE SUBJECT TO IMPRISONMENT  FOR  NOT
MORE  THAN ONE YEAR, OR A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR
BOTH.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made and completed by the commissioner  of
the department of environmental conservation on or before such effective
date.