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S07078 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7078--B
            Cal. No. 1046
 
                    IN SENATE
 
                                     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    § 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    §  3.    This act shall take effect on the sixtieth day after it shall
    32  have become a law.
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