A09004 Summary:

BILL NO    A09004C

SAME AS    SAME AS S06903-C

SPONSOR    Rosenthal

COSPNSR    Benedetto, Millman, Colton

MLTSPNSR   

Add S11-0538, En Con L

Relates to public safety and big cats; prohibits contact with big cats.
Go to top

A09004 Actions:

BILL NO    A09004C

03/06/2014 referred to environmental conservation
05/22/2014 amend and recommit to environmental conservation
05/22/2014 print number 9004a
05/30/2014 amend (t) and recommit to environmental conservation
05/30/2014 print number 9004b
06/03/2014 reported referred to codes
06/09/2014 amend and recommit to codes
06/09/2014 print number 9004c
06/16/2014 reported referred to rules
06/17/2014 reported 
06/17/2014 rules report cal.361
06/17/2014 ordered to third reading rules cal.361
06/18/2014 substituted by s6903c
           S06903  AMEND=C  AVELLA
           03/27/2014 REFERRED TO ENVIRONMENTAL CONSERVATION
           05/13/2014 1ST REPORT CAL.625
           05/14/2014 AMENDED 6903A
           05/14/2014 2ND REPORT CAL.
           05/19/2014 ADVANCED TO THIRD READING 
           06/02/2014 AMENDED ON THIRD READING (T) 6903B
           06/10/2014 PASSED SENATE
           06/10/2014 DELIVERED TO ASSEMBLY
           06/10/2014 referred to environmental conservation
           06/11/2014 RECALLED FROM ASSEMBLY
           06/11/2014 returned to senate
           06/11/2014 VOTE RECONSIDERED - RESTORED TO THIRD READING
           06/11/2014 AMENDED ON THIRD READING 6903C
           06/17/2014 REPASSED SENATE
           06/17/2014 RETURNED TO ASSEMBLY
           06/17/2014 referred to codes
           06/18/2014 substituted for a9004c
           06/18/2014 ordered to third reading rules cal.361
           06/18/2014 passed assembly
           06/18/2014 returned to senate
           08/01/2014 DELIVERED TO GOVERNOR
           08/11/2014 SIGNED CHAP.307
Go to top

A09004 Votes:

There are no votes for this bill in this legislative session.
Go to top

A09004 Memo:

BILL NUMBER:A9004C

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to public safety and big cats

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect animal caretakers, those
interacting with wild animals, bystanders and the animals themselves
by preventing direct contact between wild animals and members of the
public.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the environmental conservation law by adding a new
section 11-0538.

Section two sets forth the effective date.

JUSTIFICATION:

In New York and throughout the United States, several roadside zoo
exhibitors and traveling menageries allow members of the public to
hold, take photos with, and otherwise interact with wild animals in
roadside zoos, fairgrounds, malls and other public areas. This
activity severely harms the welfare of the animals, endangers the
public, and is a heavy burden on law enforcement.

This activity also requires an ongoing supply of young animals. Infant
animals are prematurely separated from their mothers to be groomed for
human handling, often die due to constant handling and travel, and are
even subjected to abusive training and painful declawing or deranging
procedures in a futile attempt to make them safe for public contact
once they mature. After the animals grow too big for handling, they
are held on leashes with no protective barriers. Often they are dumped
and sent to substandard facilities.

There is no safe or humane result when direct contact with wild
animals is allowed. Other states, including Kansas; Mississippi, and
Arizona, have strengthened existing laws to address public contact
issues.

This legislation is narrowly crafted to prohibit direct physical
contact between members of the public and captive Big Cats. This bill
would not impact exhibition of captive animals or restrict veterinary
examination, treatment and care, or transportation deemed necessary.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:


This act shall take effect on the one hundred and eightieth day after
it shall have become a law.
Go to top

A09004 Text:

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

                                        9004--C

                                 I N  A S S E M B L Y

                                     March 6, 2014
                                      ___________

       Introduced  by  M.  of  A. ROSENTHAL, BENEDETTO, MILLMAN, COLTON -- read
         once and referred to the Committee on  Environmental  Conservation  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- again reported  from  said  committee
         with  amendments, ordered reprinted as amended and recommitted to said
         committee -- reported and  referred  to  the  Committee  on  Codes  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         public safety and big cats

         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 11-0538 to read as follows:
    3  S 11-0538. DIRECT CONTACT BETWEEN PUBLIC AND BIG CATS PROHIBITED.
    4    1. AS USED IN THIS SECTION:
    5    (A)  "BIG  CAT"  SHALL  MEAN  ANY LIVE SPECIES OF LION (PANTHERA LEO),
    6  TIGER (PANTHERA TIGRES), LEOPARD (PANTHERA PARDUS) (WITH  THE  EXCEPTION
    7  OF  CLOUDED LEOPARDS (NEOFELIS NEBULOSA)), JAGUAR (PANTHERA ONCA), MOUN-
    8  TAIN LION, SOMETIMES CALLED COUGAR (FELIS CONCOLAR)  OR  ANY  HYBRID  OF
    9  SUCH SPECIES.
   10    (B)  "DIRECT  CONTACT" MEANS PHYSICAL CONTACT OR PROXIMITY WHERE PHYS-
   11  ICAL CONTACT IS POSSIBLE, INCLUDING, BUT  NOT  LIMITED  TO,  ALLOWING  A
   12  PHOTOGRAPH  TO BE TAKEN WITHOUT A PERMANENT PHYSICAL BARRIER DESIGNED TO
   13  PREVENT PHYSICAL CONTACT BETWEEN THE PUBLIC AND BIG CATS.
   14    (C) "DEALER" SHALL MEAN ANY PERSON WHO, IN COMMERCE, FOR  COMPENSATION
   15  OR  PROFIT,  DELIVERS  FOR  TRANSPORTATION,  OR  TRANSPORTS, EXCEPT AS A
   16  CARRIER, BUYS, SELLS, OR NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMALS.
   17    (D) "EXHIBITOR" SHALL MEAN ANY PERSON (PUBLIC OR  PRIVATE)  EXHIBITING
   18  ANY  ANIMALS,  WHICH WERE PURCHASED IN COMMERCE OR THE INTENDED DISTRIB-
   19  UTION OF WHICH AFFECTS COMMERCE, OR WILL AFFECT COMMERCE, TO THE  PUBLIC
   20  FOR  COMPENSATION,  AS  DETERMINED  BY  THE  COMMISSIONER, AND SUCH TERM
   21  INCLUDES CARNIVALS, CIRCUSES, AND ZOOS EXHIBITING SUCH  ANIMALS  WHETHER
   22  OPERATED FOR PROFIT OR NOT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14190-09-4
       A. 9004--C                          2

    1    2.  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON LICENSED OR REQUIRED TO BE
    2  LICENSED AS AN EXHIBITOR OR DEALER PURSUANT TO THE ANIMAL WELFARE ACT, 7
    3  USC 2132-2134, INCLUDING AGENTS OR EMPLOYEES OF SUCH PERSON, TO KNOWING-
    4  LY ALLOW THE PUBLIC TO HAVE DIRECT CONTACT WITH A BIG CAT.
    5    3.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
    6  SUBJECT TO A PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST
    7  OFFENSE AND NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND  AND  SUBSE-
    8  QUENT  OFFENSES.  EACH  INSTANCE OF ALLOWING DIRECT CONTACT OF A BIG CAT
    9  WITH THE PUBLIC IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE
   10  OFFENSE.
   11    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR  RESTRICT
   12  VETERINARY EXAMINATION, TREATMENT OR CARE OF A BIG CAT OR TRANSPORTATION
   13  OF THE ANIMAL FOR SUCH PURPOSE.
   14    S 2. This act shall take effect on the one hundred eightieth day after
   15  it shall have become a law.
Go to top
Page display time = 0.0747 sec