S T A T E O F N E W Y O R K
________________________________________________________________________
5776
2021-2022 Regular Sessions
I N A S S E M B L Y
February 24, 2021
___________
Introduced by M. of A. GLICK, O'DONNELL, COLTON, L. ROSENTHAL, GOTT-
FRIED, DINOWITZ, OTIS -- Multi-Sponsored by -- M. of A. COOK -- read
once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the taking of zoo, petting 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:
§ 11-1908. PROHIBITS THE TAKING OF ZOO, PETTING ZOO, CARNIVAL OR CIRCUS
ANIMALS.
1. NO PERSON SHALL TAKE, AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION
11-0103 OF THIS ARTICLE, AN ANIMAL THAT SUCH PERSON KNOWS OR HAS REASON
TO KNOW IS PRESENTLY OR WAS FORMERLY A PART OF A ZOO, PETTING ZOO,
CARNIVAL, OR CIRCUS.
2. NO ZOO, PETTING 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 SELL, OFFER FOR SALE, DISTRIBUTE, BARTER
OR DONATE ANY ANIMAL WHEREIN SUCH ANIMAL MAY BE INTENTIONALLY TAKEN.
3. NO PERSON WHO OWNS, OPERATES, OR MANAGES A FACILITY INCLUDING, BUT
NOT LIMITED TO A FACILITY THAT HARBORS NON-NATIVE BIG GAME MAMMALS, OR
ANY OTHER FACILITY THAT PERMITS THE TAKING OF ANIMALS SHALL PURCHASE,
ACCEPT OR RECEIVE ANY ANIMAL SUCH PERSON KNOWS OR HAS REASON TO KNOW IS
PRESENTLY OR WAS FORMERLY A PART OF A ZOO, PETTING ZOO, CARNIVAL, OR
CIRCUS.
4. VIOLATIONS OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS.
5. NOTHING IN THIS SECTION SHALL PREEMPT A MUNICIPAL CORPORATION FROM
ENACTING MORE RESTRICTIVE LAWS, ORDINANCES OR REGULATIONS GOVERNING
ANIMALS IN ZOOS, PETTING ZOOS, CARNIVALS, OR CIRCUSES.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07650-01-1