Establishes Haley's Act which prohibits direct contact between a big cat and a member of the public.
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to enacting Haley's act
To prevent direct contact between a big cat and a member of the public.
SUMMARY OF PROVISIONS:
Section One is the definitions section.
Section 11-2605 makes it unlawful for a zoo to provide direct contact between a big cat and a member of the public.
Section 11-2607 creates a $10,000 civil penalty per violation.
Recent news reports have shown the devastating impacts which may occur when the general public comes into direct contact with big cats. This bill is designed to prevent tragic interactions and will protect not only the general public, but the big cats who are kept in captivity.
2008: S.7226/A.11632, Vetoed by Governor 2009: S.4693, Died in Environmental Conservation 2010: S.4693, Died in Environmental Conservation
LOCAL FISCAL IMPLICATIONS:
180th day after it shall have become law, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 509 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to enacting Haley's act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 11 of the environmental conservation law is amended by adding a new title 26 to read as follows: TITLE 26 HALEY'S ACT SECTION 11-2601. SHORT TITLE. 11-2603. DEFINITIONS. 11-2605. PROHIBITIONS. 11-2607. PENALTIES. S 11-2601. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS "HALEY'S ACT". S 11-2603. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE: 1. "BIG CAT" SHALL MEAN ANY LIVE SPECIES OF LION (PANTHERA LEO PERSI- CA), TIGER (PANTHERA TIGRES), LEOPARD (PANTHERA PARDUS), CHEETAH (ACINOYX JUBATUS), JAGUAR (PANTHERA ONCA), MOUNTAIN LION, SOMETIMES CALLED COUGAR (FELIS CONCOLAR) OR ANY HYBRID OF SUCH SPECIES. 2. "DIRECT CONTACT" SHALL MEAN ANY SITUATION IN WHICH AN INDIVIDUAL MAY POTENTIALLY TOUCH OR OTHERWISE COME INTO PHYSICAL CONTACT WITH ANY LIVE SPECIMEN OF A SPECIES. 3. "ZOO" MEANS ANY INDOOR AREA OPEN TO THE PUBLIC FOR THE PURPOSE OF VIEWING ANIMALS. 4. "DEALER" SHALL MEAN ANY PERSON WHO, IN COMMERCE, FOR COMPENSATION OR PROFIT, DELIVERS FOR TRANSPORTATION, OR TRANSPORTS, EXCEPT AS A CARRIER, BUYS, SELLS, OR NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMALS.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02542-01-3 S. 509 2
5. "EXHIBITOR" SHALL MEAN ANY PERSON (PUBLIC OR PRIVATE) EXHIBITING ANY ANIMALS, WHICH WERE PURCHASED IN COMMERCE OR THE INTENDED DISTRIB- UTION OF WHICH AFFECTS COMMERCE, OR WILL AFFECT COMMERCE, TO THE PUBLIC FOR COMPENSATION, AS DETERMINED BY THE COMMISSIONER, AND SUCH TERM INCLUDES CARNIVALS, CIRCUSES, AND ZOOS EXHIBITING SUCH ANIMALS WHETHER OPERATED FOR PROFIT OR NOT. S 11-2605. PROHIBITIONS. 1. IT SHALL BE UNLAWFUL FOR AN EXHIBITOR OR DEALER LICENSED PURSUANT TO TITLE 7 U.S.C. SECTIONS 2133 AND 2134 TO ALLOW DIRECT CONTACT BETWEEN A BIG CAT AND A MEMBER OF THE PUBLIC. 2. THIS SECTION SHALL NOT APPLY TO AN EXHIBITOR THAT IS A ZOO, AS DETERMINED BY THE COMMISSIONER. 3. AN EXHIBITOR IS DETERMINED TO BE ZOO UNDER SUBDIVISION TWO OF THIS SECTION UPON THE COMMISSIONER'S CONSIDERATION OF: (A) WHETHER THE EXHIBITOR IS A FACILITY ACCREDITED BY, AND IN GOOD STANDING WITH, THE ASSOCIATION OF ZOOS AND AQUARIUMS; AND (B) WHETHER THE EXHIBITOR OPERATES WITH SUFFICIENT REGARD FOR PUBLIC SAFETY. S 11-2607. PENALTIES. 1. ANY DEALER OR EXHIBITOR LICENSED PURSUANT TO TITLE 17 U.S.C. SECTIONS 2133 AND 2134, THAT VIOLATES ANY PROVISION OF THIS TITLE, OR ANY RULE OR REGULATION PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS TITLE, MAY BE ASSESSED A CIVIL PENALTY BY THE COMMISSIONER OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH SUCH VIOLATION. EACH VIOLATION AND EACH DAY DURING WHICH A VIOLATION CONTINUES SHALL BE A SEPARATE OFFENSE. NO PENALTY SHALL BE ASSESSED UNLESS SUCH PERSON IS GIVEN NOTICE AND OPPORTUNITY FOR A HEARING WITH RESPECT TO THE ALLEGED VIOLATION, AND THE ORDER OF THE COMMISSIONER ASSESSING A PENALTY SHALL BE FINAL AND CONCLU- SIVE UNLESS THE AFFECTED PERSON FILES AN APPEAL FROM THE COMMISSIONER'S ORDER WITHIN THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT. THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE APPROPRIATENESS OF THE PENALTY WITH RESPECT TO THE SIZE OF THE BUSINESS OF THE PERSON INVOLVED, THE GRAVITY OF THE VIOLATION, THE PERSON'S GOOD FAITH, AND THE HISTORY OF PREVIOUS VIOLATIONS. ANY SUCH CIVIL PENALTY MAY BE COMPRO- MISED BY THE COMMISSIONER. UPON ANY FAILURE TO PAY THE PENALTY ASSESSED BY A FINAL ORDER UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL REQUEST THE ATTORNEY GENERAL TO INSTITUTE A CIVIL ACTION TO COLLECT THE PENALTY. 2. ANY DEALER OR EXHIBITOR, LICENSED PURSUANT TO TITLE 7 U.S.C. SECTIONS 2133 AND 2134, WHO KNOWINGLY VIOLATES ANY PROVISIONS OF THIS TITLE SHALL, ON CONVICTION THEREOF, BE SUBJECT TO IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of the department of environmental conservation on or before such effective date.