Assembly Bill A1383

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1383
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, LEVENBERG -- read once and referred to
   the Committee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   protecting wildlife while maintaining public safety
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  11-0524 of the environmental conservation law is
 amended by adding four new subdivisions  6,  7,  8  and  9  to  read  as
 follows:
   6.  IF  AN  ANIMAL IS KILLED, IT SHALL BE DONE IN A MANNER THAT AVOIDS
 UNNECESSARY SUFFERING FOR THE ANIMAL  WHILE  PROTECTING  PUBLIC  SAFETY.
 NON-LETHAL  METHODS  OF  RESOLVING NUISANCE WILDLIFE PROBLEMS, INCLUDING
 DISPOSITION OF THE ANIMALS, SHALL BE UTILIZED UNLESS CONTRARY TO  PUBLIC
 HEALTH  AND  SAFETY  OR  PROHIBITED  BY  LAW. CAPTURED WILDLIFE SHALL BE
 TRANSPORTED IN SUCH A MANNER SO AS TO MINIMIZE  STRESS  TO  THE  ANIMAL,
 EXPOSURE TO THE ELEMENTS, AND POTENTIAL HAZARD TO THE PUBLIC. REASONABLE
 EFFORTS  SHOULD  BE MADE TO PRESERVE FAMILY UNITS. DEPENDENT YOUNG WILD-
 LIFE SHALL NOT BE ABANDONED IN A STRUCTURE OR LEFT WITHOUT PROVISION FOR
 CARE DURING OR AFTER THE REMOVAL OF WILDLIFE.
   7. BEFORE A NUISANCE WILDLIFE CONTROL OPERATOR UNDERTAKES ANY  CONTROL
 MEASURES,  A  NUISANCE  WILDLIFE  CONTROL OPERATOR SHALL PROVIDE, TO THE
 CLIENT, IN WRITING, THE FOLLOWING: (A) AN  ASSESSMENT  OF  THE  PROBLEM,
 INCLUDING  IDENTIFICATION  OF  POSSIBLE  CAUSES  OF THE PROBLEM; (B) THE
 METHODS AND PRACTICES THAT MAY BE USED TO RESOLVE THE PROBLEM INCLUDING,
 BUT NOT LIMITED TO, DISPOSITION TO BE MADE OF THE  ANIMAL;  AND  (C)  AN
 ESTIMATE OF THE FEE TO BE CHARGED.
   8. THE DEPARTMENT SHALL KEEP A RECORD, FOR NO LESS THAN FIVE YEARS, OF
 ANY  WRITTEN  OR  ORAL  COMPLAINTS  RECEIVED BY THE DEPARTMENT AGAINST A
 NUISANCE WILDLIFE CONTROL OPERATOR AND SHALL DOCUMENT  ACTION  TAKEN  BY
 THE DEPARTMENT IN RESPONSE TO THE COMPLAINT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03838-01-5
 A. 1383                             2
              

 
   9.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   §  2.  This act shall take effect on the three hundred sixty-fifth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.