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A10041 Summary:

A10041 Actions:

A10041 Floor Votes:

A10041 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10041--B
 
                   IN ASSEMBLY
 
                                       May 2, 2012
                                       ___________
 
        Introduced  by  M. of A. ROSENTHAL, RYAN, MAISEL, MILLMAN, BROOK-KRASNY,
          GLICK, SCARBOROUGH, CASTRO -- Multi-Sponsored by -- M. of  A.  ARROYO,
          CLARK,  COLTON,  CROUCH,  FINCH, MOYA, PAULIN, THIELE -- read once and
          referred to the Committee on Environmental Conservation  --  committee
          discharged, bill amended, 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 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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14078-09-2
        A. 10041--B                         2
 
     1  transferring, recapturing or euthanizing a wild animal shall be borne by
     2  the person who owned, harbored or possessed the animal.  The  department
     3  shall  also have the authority to seek injunctive relief in any court of

     4  appropriate   jurisdiction  to  prevent  continued  violations  of  this
     5  section.
     6    9. Notwithstanding any other provision of law, any person who knowing-
     7  ly breeds a wild animal or knowingly possesses,  owns,  harbors,  sells,
     8  barters, transfers, exchanges, or imports a wild animal for use as a pet
     9  or  intentionally  releases or sets at-large any wild animal, authorized
    10  by this section for use as a pet, from the location where the animal  is
    11  permitted  to be possessed or harbored in violation of the provisions of
    12  this section shall be subject to a penalty of not more than five hundred
    13  dollars for the first offense and not more than one thousand dollars for
    14  a second and subsequent offenses.   Each instance of  breeding,  owning,
    15  harboring,  sale,  barter,  release,  transfer, exchange, or import of a

    16  wild animal in violation of this section  shall  constitute  a  separate
    17  offense.
    18    §  2.  Paragraphs  b  and c of subdivision 3 of section 11-0512 of the
    19  environmental conservation law, as amended by chapter 10 of the laws  of
    20  2005, are amended and a new paragraph d is added to read as follows:
    21    b.  Applies  to the department within six months of the effective date
    22  of this section, and obtains from the department, a license pursuant  to
    23  subdivision four of this section; [and]
    24    c. Complies with all applicable federal, state, or local laws, includ-
    25  ing  any  ordinance,  rule  or  regulation  adopted  by a local board of
    26  health, or any rules and regulations established by  the  department  as
    27  requisites for ownership of such wild animal[.]; and
    28    d.    Reports  a  release  to  the  local police department and animal

    29  control immediately upon discovery of the release. Each escape during  a
    30  twelve  month  period of time will subject the possessor to penalties by
    31  the department pursuant to subdivisions eight and nine of this section.
    32    § 3.  This act shall take effect on the sixtieth day  after  it  shall
    33  have become a law.