NY State Senate Bill 2013-S6903C

Archive: Last Bill Status - 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2014	signed chap.307
Aug 01, 2014	delivered to governor
Jun 18, 2014	returned to senate passed assembly ordered to third reading rules cal.361 substituted for a9004c
Jun 17, 2014	referred to codes returned to assembly repassed senate
Jun 11, 2014	amended on third reading 6903c
Jun 11, 2014	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jun 10, 2014	referred to environmental conservation delivered to assembly passed senate
Jun 02, 2014	amended on third reading (t) 6903b
May 19, 2014	advanced to third reading
May 14, 2014	2nd report cal. amended 6903a
May 13, 2014	1st report cal.625
Mar 27, 2014	referred to environmental conservation

Votes

- Jun 17, 2014 - Floor Vote
  S6903C
  
  56
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2014
      
      aye (56)
      
      Addabbo Jr.
      
      Avella
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (2)
      
      Ball
      
      Bonacic
      
      excused (3)
      
      Golden
      
      Hassell-Thompson
      
      Smith
  May 13, 2014 - Environmental Conservation Committee Vote
  S6903C
  
  7
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 13, 2014
      
      aye (7)
      
      Avella
      
      Espaillat
      
      Grisanti
      
      Latimer
      
      Marcellino
      
      Serrano
      
      Young
      
      nay (1)
      
      O'Mara
      
      aye wr (5)
      
      LaValle
      
      Little
      
      Maziarz
      
      O'Brien
      
      Tkaczyk

Bill Amendments

Original

C (Active)

co-Sponsors

2013-S6903 - Details

See Assembly Version of this Bill:: A9004
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0538, En Con L

2013-S6903 - Summary

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

2013-S6903 - 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.

2013-S6903 - Bill Text download pdf

                            
                    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.

co-Sponsors

2013-S6903A - Details

See Assembly Version of this Bill:: A9004
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0538, En Con L

2013-S6903A - Summary

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

2013-S6903A - Sponsor Memo

                                BILL NUMBER:S6903A

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. 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 immediately.

2013-S6903A - Bill Text download pdf

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

                                 6903--A
    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

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14190-03-4

S. 6903--A                          2

  5.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
PROTECTIONS AFFORDED TO WILD ANIMALS UNDER ANY OTHER LAW.
  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.
  7. NOTHING IN THIS SECTION SHALL APPLY TO ZOOS OR AQUARIUMS ACCREDITED
BY THE ASSOCIATION OF ZOOS & AQUARIUMS (AZA).
  S 2. This act shall take effect immediately.

co-Sponsors

2013-S6903B - Details

See Assembly Version of this Bill:: A9004
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0538, En Con L

2013-S6903B - Summary

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

2013-S6903B - Sponsor Memo

                                BILL NUMBER:S6903B

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.

2013-S6903B - Bill Text download pdf

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

                                 6903--B
    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

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 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.
  (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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14190-07-4

S. 6903--B                          2

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.

co-Sponsors

2013-S6903C (ACTIVE) - Details

See Assembly Version of this Bill:: A9004
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0538, En Con L

2013-S6903C (ACTIVE) - Summary

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

2013-S6903C (ACTIVE) - 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.

2013-S6903C (ACTIVE) - Bill Text download pdf

                            
                    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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Senate Bill S6903C

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 17, 2014 - Floor Vote

Floor Vote: Jun 17, 2014

May 13, 2014 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 13, 2014

Bill Amendments

co-Sponsors

2013-S6903 - Details

2013-S6903 - Summary

2013-S6903 - Sponsor Memo

2013-S6903 - Bill Text download pdf

co-Sponsors

2013-S6903A - Details

2013-S6903A - Summary

2013-S6903A - Sponsor Memo

2013-S6903A - Bill Text download pdf

co-Sponsors

2013-S6903B - Details

2013-S6903B - Summary

2013-S6903B - Sponsor Memo

2013-S6903B - Bill Text download pdf

co-Sponsors

2013-S6903C (ACTIVE) - Details

2013-S6903C (ACTIVE) - Summary

2013-S6903C (ACTIVE) - Sponsor Memo

2013-S6903C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6903C

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Sponsored By

Tony Avella

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Liz Krueger

2013-S6903 - Details

2013-S6903 - Summary

2013-S6903 - Sponsor Memo

2013-S6903 - Bill Text download pdf

co-Sponsors

Liz Krueger

2013-S6903A - Details

2013-S6903A - Summary

2013-S6903A - Sponsor Memo

2013-S6903A - Bill Text download pdf

co-Sponsors

Liz Krueger

2013-S6903B - Details

2013-S6903B - Summary

2013-S6903B - Sponsor Memo

2013-S6903B - Bill Text download pdf

co-Sponsors

Liz Krueger

2013-S6903C (ACTIVE) - Details

2013-S6903C (ACTIVE) - Summary

2013-S6903C (ACTIVE) - Sponsor Memo

2013-S6903C (ACTIVE) - Bill Text download pdf

Comments