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S07078 Text:

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

                                        7078--B
           Cal. No. 1046

                                   I N  S E N A T E

                                    April 27, 2012
                                      ___________

       Introduced  by  Sens.  GRISANTI, AVELLA, OPPENHEIMER, ROBACH, SERRANO --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on Environmental Conservation -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee  -- 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 wild
         and exotic animal protection

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Subdivisions 1, 8 and 9 of section 11-0512 of the environ-
    2  mental conservation law, as amended by chapter 10 of the laws  of  2005,
    3  are amended to read as follows:
    4    1. [No person shall] IT SHALL BE PROHIBITED FOR ANY PERSON TO:
    5    A.  knowingly  possess,  harbor,  sell,  barter, transfer, exchange or
    6  import any wild animal for use as a pet in New  York  state,  except  as
    7  provided in subdivision three of this section[.]; OR
    8    B.  INTENTIONALLY  RELEASE OR SET AT-LARGE ANY WILD ANIMAL, AUTHORIZED
    9  BY THIS SECTION FOR USE AS A PET, FROM THE LOCATION WHERE THE ANIMAL  IS
   10  PERMITTED TO BE POSSESSED OR HARBORED.
   11    8.  The department, any police or peace officer of this state, a local
   12  animal  control  officer,  or  a  duly  incorporated  society  for   the
   13  prevention  of  cruelty  to  animals is hereby authorized to enforce the
   14  provisions of this section and issue notices of violation to persons  in
   15  violation  of  this  section,  and shall have the authority to seize any
   16  wild animal held in violation of this section. A county society for  the
   17  prevention  of cruelty to animals must obtain a warrant before seizing a
   18  wild animal or arresting a person who owns or possesses  a  wild  animal
   19  under  this  section. Wild animals seized or surrendered pursuant to the
   20  provisions of this section shall be transferred to a  duly  incorporated
   21  wildlife sanctuary as defined in this section, or a zoological facility,
   22  or  shall  be  humanely  euthanized.  Any costs associated with seizing,
   23  transferring, RECAPTURING or euthanizing a wild animal shall be borne by

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14078-10-2
       S. 7078--B                          2

    1  the person who owned, harbored or possessed the animal.  The  department
    2  shall  also have the authority to seek injunctive relief in any court of
    3  appropriate  jurisdiction  to  prevent  continued  violations  of   this
    4  section.
    5    9. Notwithstanding any other provision of law, any person who knowing-
    6  ly  breeds  a  wild animal or knowingly possesses, owns, harbors, sells,
    7  barters, transfers, exchanges, or imports a wild animal for use as a pet
    8  OR INTENTIONALLY RELEASES OR SETS AT-LARGE ANY WILD  ANIMAL,  AUTHORIZED
    9  BY  THIS SECTION FOR USE AS A PET, FROM THE LOCATION WHERE THE ANIMAL IS
   10  PERMITTED TO BE POSSESSED OR HARBORED in violation of the provisions  of
   11  this section shall be subject to a penalty of not more than five hundred
   12  dollars for the first offense and not more than one thousand dollars for
   13  a  second  and subsequent offenses.   Each instance of breeding, owning,
   14  harboring, sale, barter, RELEASE, transfer, exchange,  or  import  of  a
   15  wild  animal  in  violation  of this section shall constitute a separate
   16  offense.
   17    S 2. Paragraphs b and c of subdivision 3 of  section  11-0512  of  the
   18  environmental  conservation law, as amended by chapter 10 of the laws of
   19  2005, are amended and a new paragraph d is added to read as follows:
   20    b. Applies to the department within six months of the  effective  date
   21  of  this section, and obtains from the department, a license pursuant to
   22  subdivision four of this section; [and]
   23    c. Complies with all applicable federal, state, or local laws, includ-
   24  ing any ordinance, rule or  regulation  adopted  by  a  local  board  of
   25  health,  or  any  rules and regulations established by the department as
   26  requisites for ownership of such wild animal[.]; AND
   27    D.   REPORTS A RELEASE TO  THE  LOCAL  POLICE  DEPARTMENT  AND  ANIMAL
   28  CONTROL  IMMEDIATELY UPON DISCOVERY OF THE RELEASE. EACH ESCAPE DURING A
   29  TWELVE MONTH PERIOD OF TIME WILL SUBJECT THE POSSESSOR TO  PENALTIES  BY
   30  THE DEPARTMENT PURSUANT TO SUBDIVISIONS EIGHT AND NINE OF THIS SECTION.
   31    S  3.    This act shall take effect on the sixtieth day after it shall
   32  have become a law.
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