senate Bill S7078A

Signed By Governor
2011-2012 Legislative Session

Relates to wild and exotic animal protection

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Sponsored By

Archive: Last Bill Status Via A10041 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.326
Jul 20, 2012 delivered to governor
Jun 19, 2012 returned to assembly
passed senate
3rd reading cal.1046
substituted for s7078b
Jun 19, 2012 substituted by a10041b
Jun 14, 2012 amended on third reading 7078b
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1046
May 23, 2012 print number 7078a
amend and recommit to environmental conservation
Apr 27, 2012 referred to environmental conservation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S7078 - Bill Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0512, En Con L

S7078 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7078

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 band c of subdivision 3 of section 11-0512
of the environmental conservation law, as amended by chapter 10 of the
laws of2005.

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.

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

                                  7078

                            I N  S E N A T E

                             April 27, 2012
                               ___________

Introduced  by Sen. GRISANTI -- 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  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,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14078-04-2

S. 7078                             2

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. MORE THAN ONE  ESCAPE
DURING A SINGLE CALENDAR YEAR 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.

Co-Sponsors

S7078A - Bill Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0512, En Con L

S7078A - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

S7078B (ACTIVE) - Bill Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0512, En Con L

S7078B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7078B

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 band c of subdivision 3 of section
11-0512 of the environmental conservation law, as amended by chapter
10 of the laws of 2005. Also, a new paragraph d is added.

Section Three 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7078--B
    Cal. No. 1046

                            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  -- reported favorably from said committee, ordered to first
  and second report, ordered to a 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 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] IT SHALL BE PROHIBITED FOR ANY PERSON TO:
  A.  knowingly  possess,  harbor,  sell,  barter, transfer, exchange or
import any wild animal for use as a pet in New  York  state,  except  as
provided in subdivision three of this section[.]; OR
  B.  INTENTIONALLY  RELEASE OR SET AT-LARGE ANY WILD ANIMAL, AUTHORIZED
BY THIS SECTION FOR USE AS A PET, FROM THE LOCATION WHERE THE ANIMAL  IS
PERMITTED TO BE POSSESSED OR HARBORED.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14078-10-2

S. 7078--B                          2

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,
barters, transfers, exchanges, or imports a wild animal for use as a pet
OR INTENTIONALLY RELEASES OR SETS AT-LARGE ANY WILD  ANIMAL,  AUTHORIZED
BY  THIS SECTION FOR USE AS A PET, FROM THE LOCATION WHERE THE ANIMAL IS
PERMITTED TO BE POSSESSED OR HARBORED 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.    This act shall take effect on the sixtieth day after it shall
have become a law.

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