NY State Senate Bill 2011-S7078

Archive: Last Bill Status Via A10041 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	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
May 23, 2012	amend and recommit to environmental conservation
Apr 27, 2012	referred to environmental conservation

Votes

- Jun 19, 2012 - Floor Vote
  A10041
  
  Aye
  
  59
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  3
  
  Abstained
  
  0
  - - Floor Vote: Jun 19, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley
  Jun 5, 2012 - Environmental Conservation Committee Vote
  S7078
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Environmental Conservation Committee Vote: Jun 5, 2012
      
      aye (13)
      
      Avella
      
      Espaillat
      
      Grisanti
      
      LaValle
      
      Little
      
      Marcellino
      
      Maziarz
      
      O'Mara
      
      Oppenheimer
      
      Perkins
      
      Serrano
      
      Stewart-Cousins
      
      Young
      
      aye wr (1)
      
      Johnson

Bill Amendments

Original

B (Active)

co-Sponsors

2011-S7078 - Details

See Assembly Version of this Bill:: A10041
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0512, En Con L

2011-S7078 - 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.

2011-S7078 - Sponsor Memo

2011-S7078 - Bill Text download pdf

                            
                    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

2011-S7078A - Details

See Assembly Version of this Bill:: A10041
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0512, En Con L

2011-S7078A - 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.

2011-S7078A - Sponsor Memo

2011-S7078A - Bill 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

2011-S7078B (ACTIVE) - Details

See Assembly Version of this Bill:: A10041
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0512, En Con L

2011-S7078B (ACTIVE) - 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.

2011-S7078B (ACTIVE) - Sponsor Memo

2011-S7078B (ACTIVE) - Bill 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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Senate Bill S7078

Signed By Governor

Sponsored By

Archive: Last Bill Status Via A10041 - Signed by Governor

Actions

Votes

Jun 19, 2012 - Floor Vote

Floor Vote: Jun 19, 2012

Jun 5, 2012 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Jun 5, 2012

Bill Amendments

co-Sponsors

2011-S7078 - Details

2011-S7078 - Summary

2011-S7078 - Sponsor Memo

2011-S7078 - Bill Text download pdf

co-Sponsors

2011-S7078A - Details

2011-S7078A - Summary

2011-S7078A - Sponsor Memo

2011-S7078A - Bill Text download pdf

co-Sponsors

2011-S7078B (ACTIVE) - Details

2011-S7078B (ACTIVE) - Summary

2011-S7078B (ACTIVE) - Sponsor Memo

2011-S7078B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S7078

Senate Bill S7078

Signed By Governor

Share this bill

Sponsored By

Archive: Last Bill Status Via A10041 - Signed by Governor

Actions

Votes

Bill Amendments

co-Sponsors

2011-S7078 - Details

2011-S7078 - Summary

2011-S7078 - Sponsor Memo

2011-S7078 - Bill Text download pdf

co-Sponsors

2011-S7078A - Details

2011-S7078A - Summary

2011-S7078A - Sponsor Memo

2011-S7078A - Bill Text download pdf

co-Sponsors

2011-S7078B (ACTIVE) - Details

2011-S7078B (ACTIVE) - Summary

2011-S7078B (ACTIVE) - Sponsor Memo

2011-S7078B (ACTIVE) - Bill Text download pdf

Comments