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.
STATE OF NEW YORK
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4239
2015-2016 Regular Sessions
IN ASSEMBLY
January 29, 2015
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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.