Relates to wild and exotic animal protection; prohibits release of such animals; requires owners of exotic animals to pay for costs associated with animal recapture.
Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Alesi, Espaillat, Huntley
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: Section 1. Subdivisions 1, 8 and 9 of section 11-0512 of the environ- mental conservation law, as amended by chapter 10 of the laws of 2005, are amended to read as follows: 1.
[No person shall]IT SHALL BE PROHIBITED FOR ANY PERSON TO: A. knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except as provided in subdivision three of this section [.]; OR B. INTENTIONALLY RELEASE OR SET AT-LARGE ANY WILD ANIMAL, AUTHORIZED BY THIS SECTION FOR USE AS A PET, FROM THE LOCATION WHERE THE ANIMAL IS PERMITTED TO BE POSSESSED OR HARBORED. 8. The department, any police or peace officer of this state, a local animal control officer, or a duly incorporated society for the prevention of cruelty to animals is hereby authorized to enforce the provisions of this section and issue notices of violation to persons in violation of this section, and shall have the authority to seize any wild animal held in violation of this section. A county society for the prevention of cruelty to animals must obtain a warrant before seizing a wild animal or arresting a person who owns or possesses a wild animal under this section. Wild animals seized or surrendered pursuant to the provisions of this section shall be transferred to a duly incorporated wildlife sanctuary as defined in this section, or a zoological facility, 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
transferring, RECAPTURING or euthanizing a wild animal shall be borne by the person who owned, harbored or possessed the animal. The department shall also have the authority to seek injunctive relief in any court of appropriate jurisdiction to prevent continued violations of this section. 9. Notwithstanding any other provision of law, any person who knowing- ly breeds a wild animal or knowingly possesses, owns, harbors, sells, barters, transfers, exchanges, or imports a wild animal for use as a pet OR INTENTIONALLY RELEASES OR SETS AT-LARGE ANY WILD ANIMAL, AUTHORIZED BY THIS SECTION FOR USE AS A PET, FROM THE LOCATION WHERE THE ANIMAL IS PERMITTED TO BE POSSESSED OR HARBORED in violation of the provisions of this section shall be subject to a penalty of not more than five hundred dollars for the first offense and not more than one thousand dollars for a second and subsequent offenses. Each instance of breeding, owning, harboring, sale, barter, RELEASE, transfer, exchange, or import of a wild animal in violation of this section shall constitute a separate offense. S 2. Paragraphs b and c of subdivision 3 of section 11-0512 of the environmental conservation law, as amended by chapter 10 of the laws of 2005, are amended and a new paragraph d is added to read as follows: b. Applies to the department within six months of the effective date of this section, and obtains from the department, a license pursuant to subdivision four of this section;
[and]c. Complies with all applicable federal, state, or local laws, includ- ing any ordinance, rule or regulation adopted by a local board of health, or any rules and regulations established by the department as requisites for ownership of such wild animal [.]; AND D. REPORTS A RELEASE TO THE LOCAL POLICE DEPARTMENT AND ANIMAL CONTROL IMMEDIATELY UPON DISCOVERY OF THE RELEASE. EACH ESCAPE DURING A TWELVE MONTH PERIOD OF TIME WILL SUBJECT THE POSSESSOR TO PENALTIES BY THE DEPARTMENT PURSUANT TO SUBDIVISIONS EIGHT AND NINE OF THIS SECTION. S 3. This act shall take effect on the sixtieth day after it shall have become a law.