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.

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A10041-2011 Actions

• Aug 1, 2012: signed chap.326
• Jul 20, 2012: delivered to governor
• Jun 19, 2012: RETURNED TO ASSEMBLY
• Jun 19, 2012: PASSED SENATE
• Jun 19, 2012: 3RD READING CAL.1046
• Jun 19, 2012: SUBSTITUTED FOR S7078B
• Jun 18, 2012: REFERRED TO RULES
• Jun 18, 2012: delivered to senate
• Jun 18, 2012: passed assembly
• Jun 18, 2012: ordered to third reading rules cal.318
• Jun 18, 2012: rules report cal.318
• Jun 18, 2012: reported
• Jun 14, 2012: reported referred to rules
• Jun 13, 2012: print number 10041b
• Jun 13, 2012: print number 10041a
• Jun 13, 2012: amend and recommit to codes
• Jun 5, 2012: reported referred to codes
• May 23, 2012: print number 10041a
• May 23, 2012: amend and recommit to environmental conservation
• May 2, 2012: referred to environmental conservation

A10041-2011 Votes

A10041-2011 Text

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

                                    10041

                            I N  ASSEMBLY

                                 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:


    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 knowingly possess, harbor, sell, barter,  transfer,
  exchange,  RELEASE,  or  import  any wild animal for use as a pet in New
  York state, except as provided in subdivision three of this section.
    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,
  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
  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14078-04-2

 A. 10041                            2

  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. MORE THAN ONE  ESCAPE
  DURING A SINGLE CALENDAR YEAR WILL SUBJECT THE POSSESSOR TO PENALTIES BY
  THE DEPARTMENT PURSUANT TO SUBDIVISIONS EIGHT AND NINE OF THIS SECTION.
    S  3. Section 11-0512 of the environmental conservation law is amended
  by adding a new subdivision 11 to read as follows:

    11. FOR PURPOSES OF THIS SECTION, "RELEASE" SHALL  MEAN  KNOWINGLY  OR
  NEGLIGENTLY  FREEING  OR  SETTING  AT-LARGE  ANY  WILD  ANIMAL  FROM THE
  LOCATION WHERE THE ANIMAL IS PERMITTED TO BE POSSESSED OR HARBORED.
    S 4. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.