S T A T E O F N E W Y O R K
________________________________________________________________________
10041
I N A S S E M B L Y
May 2, 2012
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation
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 knowingly possess, harbor, sell, barter, transfer,
5 exchange, RELEASE, or import any wild animal for use as a pet in New
6 York state, except as provided in subdivision three of this section.
7 8. The department, any police or peace officer of this state, a local
8 animal control officer, or a duly incorporated society for the
9 prevention of cruelty to animals is hereby authorized to enforce the
10 provisions of this section and issue notices of violation to persons in
11 violation of this section, and shall have the authority to seize any
12 wild animal held in violation of this section. A county society for the
13 prevention of cruelty to animals must obtain a warrant before seizing a
14 wild animal or arresting a person who owns or possesses a wild animal
15 under this section. Wild animals seized or surrendered pursuant to the
16 provisions of this section shall be transferred to a duly incorporated
17 wildlife sanctuary as defined in this section, or a zoological facility,
18 or shall be humanely euthanized. Any costs associated with seizing,
19 transferring, RECAPTURING or euthanizing a wild animal shall be borne by
20 the person who owned, harbored or possessed the animal. The department
21 shall also have the authority to seek injunctive relief in any court of
22 appropriate jurisdiction to prevent continued violations of this
23 section.
24 9. Notwithstanding any other provision of law, any person who knowing-
25 ly breeds a wild animal or knowingly possesses, owns, harbors, sells,
26 barters, transfers, exchanges, or imports a wild animal for use as a pet
27 in violation of the provisions of this section shall be subject to a
28 penalty of not more than five hundred dollars for the first offense and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14078-04-2
A. 10041 2
1 not more than one thousand dollars for a second and subsequent offenses.
2 Each instance of breeding, owning, harboring, sale, barter, RELEASE,
3 transfer, exchange, or import of a wild animal in violation of this
4 section shall constitute a separate offense.
5 S 2. Paragraphs b and c of subdivision 3 of section 11-0512 of the
6 environmental conservation law, as amended by chapter 10 of the laws of
7 2005, are amended and a new paragraph d is added to read as follows:
8 b. Applies to the department within six months of the effective date
9 of this section, and obtains from the department, a license pursuant to
10 subdivision four of this section; [and]
11 c. Complies with all applicable federal, state, or local laws, includ-
12 ing any ordinance, rule or regulation adopted by a local board of
13 health, or any rules and regulations established by the department as
14 requisites for ownership of such wild animal[.]; AND
15 D. REPORTS A RELEASE TO THE LOCAL POLICE DEPARTMENT AND ANIMAL
16 CONTROL IMMEDIATELY UPON DISCOVERY OF THE RELEASE. MORE THAN ONE ESCAPE
17 DURING A SINGLE CALENDAR YEAR WILL SUBJECT THE POSSESSOR TO PENALTIES BY
18 THE DEPARTMENT PURSUANT TO SUBDIVISIONS EIGHT AND NINE OF THIS SECTION.
19 S 3. Section 11-0512 of the environmental conservation law is amended
20 by adding a new subdivision 11 to read as follows:
21 11. FOR PURPOSES OF THIS SECTION, "RELEASE" SHALL MEAN KNOWINGLY OR
22 NEGLIGENTLY FREEING OR SETTING AT-LARGE ANY WILD ANIMAL FROM THE
23 LOCATION WHERE THE ANIMAL IS PERMITTED TO BE POSSESSED OR HARBORED.
24 S 4. This act shall take effect on the sixtieth day after it shall
25 have become a law.