senate Bill S6613A

2013-2014 Legislative Session

Prohibits the possession and harboring of killer whales in aquariums and sea parks

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 05, 2014 amended on third reading 6613a
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.343
Feb 12, 2014 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6613 - Bill Details

See Assembly Version of this Bill:
A8832A
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0516, amd §71-0923, En Con L

S6613 - Bill Texts

view summary

Prohibits the possession and harboring of killer whales in aquariums and sea parks; makes the violation of such provisions punishable by a fine of up to $2,500 and fines of $5,000 per day such violation continues after the sixtieth day.

view sponsor memo
BILL NUMBER:S6613 REVISED MEMO 03/20/2014

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the possession and harboring of killer whales in
aquariums and sea parks

PURPOSE:

This legislation will prohibit the possession and harboring of killer
whales in aquariums and sea parks in the State of New York.

SUMMARY OF PROVISIONS:

Section One - amends the Environmental Conservation Law by adding a new
section 11-0516 stating that the possession and harboring of killer
whales is prohibited. Notwithstanding any other provisions of this title
to the contrary, no person shall harbor or possess for any purpose any
killer whale (Orcinus orca) in any sea park or aquarium.

Section Two - amends section 71-0923 of the Environmental Conservation
Law by adding a subdivision 13 stating that any violation of the above
section will be punishable by a fine of not more than two thousand five
hundred dollars ($2,500); provided, that is such violation continues
after the expiration of sixty days from the date of such violation is
charged, the violation shall be punishable by a fine of five thousand
dollars ($5,000) for each day such violation persists after the sixtieth
day.

Section Three - Sets forth an immediate effective date.

JUSTIFICATION:

The website of the popular documentary film entitled "Blackfish" tells
the story of Tilikum, a performing killer whale that killed several
people while in captivity. The documentary exposes the cruel treatment
of killer whales by the multi-billion dollar sea park industry.

According to the film's creators, Tilikum, like other killer whales, was
kept in a small enclosed space for 30 years. Many experts believe that
the lack of space and freedom, as well as being kept in pitch black
small tanks for long periods of time, can cause killer whales to become
aggressive and violent.

This legislation is not only about protecting the killer whales, but the
employees and spectators of these sea parks as well. New York has been
one of the most protective states of our animals, and this bill will
ensure that killer whales are never mistreated and abused in the sea
park industry at any time in the State of New York.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  6613

                            I N  S E N A T E

                            February 12, 2014
                               ___________

Introduced  by  Sen.  BALL  --  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
  prohibiting the possession and harboring of killer whales in aquariums
  and sea parks

  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 11-0516 to read as follows:
S 11-0516. POSSESSION AND HARBORING OF KILLER WHALES PROHIBITED.
  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS TITLE TO THE CONTRARY, NO
PERSON SHALL HARBOR OR POSSESS FOR ANY PURPOSE ANY KILLER WHALE (ORCINUS
ORCA) IN ANY SEA PARK OR AQUARIUM.
  S 2. Section 71-0923 of the environmental conservation law is  amended
by adding a new subdivision 13 to read as follows:
  13. A VIOLATION OF SECTION 11-0516 OF THIS CHAPTER SHALL BE PUNISHABLE
BY  A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; PROVIDED,
THAT IF SUCH VIOLATION CONTINUES AFTER THE EXPIRATION OF SIXTY DAYS FROM
THE DATE SUCH VIOLATION IS CHARGED, THE VIOLATION SHALL BE PUNISHABLE BY
A FINE OF FIVE THOUSAND DOLLARS FOR EACH  DAY  SUCH  VIOLATION  PERSISTS
AFTER THE SIXTIETH DAY.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13524-02-4

Co-Sponsors

S6613A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8832A
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0516, amd §71-0923, En Con L

S6613A (ACTIVE) - Bill Texts

view summary

Prohibits the possession and harboring of killer whales in aquariums and sea parks; makes the violation of such provisions punishable by a fine of up to $2,500 and fines of $5,000 per day such violation continues after the sixtieth day.

view sponsor memo
BILL NUMBER:S6613A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the possession and harboring of killer whales
in aquariums and sea parks

PURPOSE:

This legislation will prohibit the possession and harboring of killer
whales in aquariums and sea parks.

SUMMARY OF PROVISIONS:

Section One - amends the conservation law by adding a new section
11-0516 stating that the possession and harboring of killer whales is
prohibited. Notwithstanding any other provisions of this title to the
contrary, no person shall harbor or possess for any purpose any killer
whale (Orcinus orca) in any sea park or aquarium.

Section Two - amends the environmental conservation law by adding
subdivision 13 stating that violating the above section will be
punishable by a fine of not more than two thousand five hundred
dollars; provided, that is such violation continues after the
expiration of sixty days from the date of such violation is charged,
the violation shall be punishable by a fine of five thousand dollars
for each day such violation persists after the sixtieth day.

Section Three this act shall take effect immediately.

JUSTIFICATION:

The website of the popular documentary film entitled "Blackfish" tells
the story of Tilikum, a performing killer whale that killed several
people while in captivity. The documentary exposes the cruel treatment
of killer whales by the multi-billion dollar sea park industry.

According to the film's creators, Tilikum, like other killer whales,
was kept in a small enclosed space for 30 years. Many experts believe
that the lack of space and freedom, as well as being kept in pitch
black small tanks for long periods of time, can cause killer whales to
become aggressive and violent.

This legislation is not only about protecting the killer whales, but
the employees and spectators of these sea parks as well. New York has
been one of the most protective states of our animals, and this bill
will ensure that killer whales are never mistreated and abused in the
sea park industry at any time in the State of New York.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediately.

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

                                 6613--A
    Cal. No. 343

                            I N  S E N A T E

                            February 12, 2014
                               ___________

Introduced  by  Sens. BALL, HANNON, LAVALLE, MARCHIONE, STAVISKY -- 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 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
  prohibiting the possession and harboring of killer whales in aquariums
  and sea parks

  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 11-0516 to read as follows:
S 11-0516. POSSESSION AND HARBORING OF KILLER WHALES PROHIBITED.
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE TO THE CONTRARY,  NO
PERSON SHALL HARBOR OR POSSESS FOR ANY PURPOSE ANY KILLER WHALE (ORCINUS
ORCA)  IN  ANY  SEA PARK OR AQUARIUM.   PROVIDED, THAT THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY  TO  THE  HARBORING  OR  POSSESSING  OF  AN
INJURED  KILLER  WHALE  FOR  THE PURPOSE OF PERFORMING EMERGENCY CARE OR
REHABILITATION TO SUCH WHALE.
  S 2. Section 71-0923 of the environmental conservation law is  amended
by adding a new subdivision 13 to read as follows:
  13. A VIOLATION OF SECTION 11-0516 OF THIS CHAPTER SHALL BE PUNISHABLE
BY  A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; PROVIDED,
THAT IF SUCH VIOLATION CONTINUES AFTER THE EXPIRATION OF SIXTY DAYS FROM
THE DATE SUCH VIOLATION IS CHARGED, THE VIOLATION SHALL BE PUNISHABLE BY
A FINE OF FIVE THOUSAND DOLLARS FOR EACH  DAY  SUCH  VIOLATION  PERSISTS
AFTER THE SIXTIETH DAY.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13524-03-4

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