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A09004 Summary:

COSPNSRBenedetto, Millman, Colton
Add S11-0538, En Con L
Relates to public safety and big cats; prohibits contact with big cats.
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A09004 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      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  § 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.

        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    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.
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