A04239 Summary:

BILL NOA04239
 
SAME ASNo Same As
 
SPONSORGlick
 
COSPNSRTitone, O'Donnell, Colton, Rosenthal, Gottfried, Dinowitz
 
MLTSPNSRBrennan, Cook, Markey, Rivera
 
Add S11-1908, En Con L
 
Prohibits sport killing of zoo, carnival or circus animals; prohibits the sale, transfer, donation, or acceptance of the sale, transfer or donation where the zoo, carnival or circus animal may be intentionally killed for sport.
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A04239 Actions:

BILL NOA04239
 
01/29/2015referred to environmental conservation
02/05/2015enacting clause stricken
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A04239 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4239
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK, TITONE, O'DONNELL, COLTON, ROSENTHAL,
          GOTTFRIED, DINOWITZ, SCARBOROUGH -- Multi-Sponsored by  --  M.  of  A.
          BRENNAN, COOK, MARKEY, RIVERA -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting 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:
 
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 11-1908 to read as follows:
     3  § 11-1908. Sport killing of zoo, carnival or circus animals prohibited.
     4    1. No person shall kill for sport an animal that such person knows  or
     5  has  reason to know is presently or was formerly a part of a zoo, carni-
     6  val or circus.
     7    2. No zoo, carnival or circus or any person licensed or required to be
     8  licensed as an exhibitor under the Animal Welfare Act, 7 U.S.C.  section
     9  2131  (et seq.) shall provide, sell, or donate any animal for use in any
    10  activity wherein the animal may be intentionally killed for sport.
    11    3. No person, including, but not limited to, an operator of an auction
    12  sale, shall transfer or conspire to transfer any animal that such person
    13  knows or has reason to know is presently or was formerly  a  part  of  a
    14  zoo,  carnival,  or circus, to any person or activity wherein the animal
    15  may be intentionally killed for sport.
    16    4. No person who owns, operates, or  manages  a  facility  wherein  an
    17  animal may be intentionally killed for sport shall purchase, accept as a
    18  donation,  or receive any animal such person knows or has reason to know
    19  is presently or was formerly a part of a zoo, carnival or circus.
    20    5. Violations of this section shall be punishable by  a  fine  of  not
    21  less than five hundred dollars nor more than two thousand dollars.
    22    6. For purposes of this section:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03913-01-5

        A. 4239                             2
 
     1    (a) "Carnival" means an itinerant enterprise consisting principally of
     2  temporary  amusement  devices  or  mechanical  rides, acrobatic or magic
     3  shows, games, stunts or animals operated  to  provide  entertainment  or
     4  amusement to the public.
     5    (b) "Circus" means a traveling show that includes trained animals.
     6    (c)  "Operator  of an auction sale" means any person who is engaged in
     7  operating an auction at which animals are purchased or sold.
     8    (d) "Person" means  an  individual,  partnership,  corporation,  joint
     9  stock company, association or other legal entity.
    10    (e)  "Zoo"  means any park, building, cage, enclosure, or other struc-
    11  ture or premises in which a live animal or animals are kept  for  public
    12  exhibition or viewing.
    13    7.   Nothing  in  this  section  shall  be  construed  to  affect  any
    14  protections afforded to animals under any other law.
    15    8. Nothing in this section shall prevent a municipality from  enacting
    16  more  restrictive  provisions  governing  animals in zoos, carnivals, or
    17  circuses.
    18    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    19  have become a law.
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