Senate Bill S4452A

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

                                  4452

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- 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 sport killing of zoo, carnival or circus 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 11-1908 to read as follows:
S  11-1908.  PROHIBITS  THE  SPORT  KILLING  OF  ZOO, CARNIVAL OR CIRCUS
             ANIMALS.
  1. NO PERSON SHALL KILL FOR SPORT AN ANIMAL THAT SUCH PERSON KNOWS  OR
HAS  REASON TO KNOW IS PRESENTLY OR WAS FORMERLY A PART OF A ZOO, CARNI-
VAL, OR CIRCUS.
  2. NO ZOO, CARNIVAL, OR CIRCUS OR ANY PERSON LICENSED OR  REQUIRED  TO
BE  LICENSED AS AN EXHIBITOR UNDER THE ANIMAL WELFARE ACT, 7 USC SECTION
2131 ET SEQ., SHALL PROVIDE, SELL, OR DONATE ANY ANIMAL FOR USE  IN  ANY
ACTIVITY WHEREIN THE ANIMAL MAY BE INTENTIONALLY KILLED FOR SPORT.
  3. NO PERSON, INCLUDING, BUT NOT LIMITED TO, AN OPERATOR OF AN AUCTION
SALE, SHALL TRANSFER OR CONSPIRE TO TRANSFER ANY ANIMAL THAT SUCH PERSON
KNOWS  OR  HAS  REASON  TO KNOW IS PRESENTLY OR WAS FORMERLY A PART OF A
ZOO, CARNIVAL, OR CIRCUS, TO ANY PERSON OR ACTIVITY WHEREIN  THE  ANIMAL
MAY BE INTENTIONALLY KILLED FOR SPORT.
  4.  NO  PERSON  WHO  OWNS,  OPERATES, OR MANAGES A FACILITY WHEREIN AN
ANIMAL MAY BE INTENTIONALLY KILLED FOR SPORT SHALL PURCHASE, ACCEPT AS A
DONATION, OR RECEIVE ANY ANIMAL SUCH PERSON KNOWS OR HAS REASON TO  KNOW
IS PRESENTLY OR WAS FORMERLY A PART OF A ZOO, CARNIVAL, OR CIRCUS.
  5.  VIOLATIONS  OF  THIS  SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS.
  6.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
PROTECTIONS AFFORDED TO ANIMALS UNDER ANY OTHER PROVISION OF LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08273-02-5

              

S. 4452                             2

  7.  NOTHING IN THIS SECTION SHALL PREVENT A MUNICIPALITY FROM ENACTING
MORE RESTRICTIVE PROVISIONS GOVERNING ANIMALS  IN  ZOOS,  CARNIVALS,  OR
CIRCUSES.
  8. FOR PURPOSES OF THIS SECTION:
  A.  "CARNIVAL" MEANS AN ITINERANT ENTERPRISE CONSISTING PRINCIPALLY OF
TEMPORARY AMUSEMENT DEVICES OR  MECHANICAL  RIDES,  ACROBATIC  OR  MAGIC
SHOWS,  GAMES,  STUNTS  OR  ANIMALS OPERATED TO PROVIDE ENTERTAINMENT OR
AMUSEMENT TO THE PUBLIC.
  B. "CIRCUS" MEANS A TRAVELING SHOW THAT INCLUDES TRAINED ANIMALS.
  C. "OPERATOR OF AN AUCTION SALE" MEANS ANY PERSON WHO  IS  ENGAGED  IN
OPERATING AN AUCTION AT WHICH ANIMALS ARE PURCHASED OR SOLD.
  D. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, JOINT STOCK
COMPANY, ASSOCIATION OR OTHER LEGAL ENTITY.
  E. "ZOO" MEANS ANY PARK, BUILDING, CAGE, ENCLOSURE, OR OTHER STRUCTURE
OR PREMISE IN WHICH A LIVE ANIMAL OR ANIMALS ARE KEPT FOR PUBLIC EXHIBI-
TION OR VIEWING.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.