Assembly Bill A9004

Signed By Governor
2013-2014 Legislative Session

Relates to public safety and big cats

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6903 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2013-A9004 - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0538, En Con L

2013-A9004 - Summary

Relates to public safety and big cats; prohibits contact with big cats.

2013-A9004 - Bill Text download pdf 

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

                                  9004

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

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
  public safety and wild animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 11-0538 to read as follows:
S 11-0538. DIRECT CONTACT BETWEEN PUBLIC AND WILD ANIMALS PROHIBITED.
  1. AS USED IN THIS SECTION:
  (A)  "WILD  ANIMAL" MEANS A LIVING WILD ANIMAL OF THE ORDERS AND FAMI-
LIES DEFINED IN PARAGRAPH (E) OF SUBDIVISION 6  OF  SECTION  11-0103  OF
THIS ARTICLE.
  (B)  "DIRECT  CONTACT"  MEANS  PHYSICAL  CONTACT WITH A WILD ANIMAL OR
PROXIMITY TO A WILD ANIMAL WHERE PHYSICAL  CONTACT  WOULD  BE  POSSIBLE,
INCLUDING,  BUT  NOT  LIMITED  TO, HAVING A PHOTOGRAPH TAKEN WITH A WILD
ANIMAL WITHOUT A  PERMANENT  PHYSICAL  BARRIER  THAT  PREVENTS  PHYSICAL
CONTACT BETWEEN THE PUBLIC AND WILD ANIMAL.
  2.  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON LICENSED OR REQUIRED TO BE
LICENSED AS AN EXHIBITOR OR DEALER PURSUANT TO THE ANIMAL WELFARE ACT, 7
USC 2132-2134, INCLUDING AGENTS OR EMPLOYEES OF SUCH PERSON, TO KNOWING-
LY ALLOW THE PUBLIC TO HAVE DIRECT CONTACT WITH A WILD ANIMAL.
  3. ANY PERSON WHO VIOLATES 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 SUBSE-
QUENT OFFENSES. EACH INSTANCE OF  ALLOWING  DIRECT  CONTACT  OF  A  WILD
ANIMAL  WITH  THE PUBLIC IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A
SEPARATE OFFENSE.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR  RESTRICT
VETERINARY  EXAMINATION, TREATMENT OR CARE OF A WILD ANIMAL OR TRANSPOR-
TATION OF THE ANIMAL FOR SUCH PURPOSE.
  5.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
PROTECTIONS AFFORDED TO WILD ANIMALS UNDER ANY OTHER LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14190-01-4

co-Sponsors

2013-A9004A - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0538, En Con L

2013-A9004A - Summary

Relates to public safety and big cats; prohibits contact with big cats.

2013-A9004A - Bill Text download pdf 

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

                                 9004--A

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, BENEDETTO, MILLMAN, COLTON -- read
  once and referred to the Committee on  Environmental  Conservation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  public safety and wild animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 11-0538 to read as follows:
S 11-0538. DIRECT CONTACT BETWEEN PUBLIC AND WILD ANIMALS PROHIBITED.
  1. AS USED IN THIS SECTION:
  (A)  "WILD  ANIMAL" MEANS THE FOLLOWING LIVING WILD ANIMALS:  NONHUMAN
SIMIANS (MONKEYS AND APES); LIONS, TIGERS, LEOPARDS (WITH THE  EXCEPTION
OF CLOUDED LEOPARDS (NEOFELIS NEBULOSA)), JAGUARS, COUGARS; CANIS LUPUS;
AND URSIDAE; AS WELL AS ANY HYBRID OF THESE SPECIES.
  (B)  "DIRECT  CONTACT"  MEANS  PHYSICAL  CONTACT WITH A WILD ANIMAL OR
PROXIMITY TO A WILD ANIMAL WHERE PHYSICAL CONTACT IS  POSSIBLE,  INCLUD-
ING,  BUT  NOT LIMITED TO, ALLOWING A PHOTOGRAPH TO BE TAKEN WITH A WILD
ANIMAL WITHOUT A PERMANENT PHYSICAL BARRIER DESIGNED TO PREVENT PHYSICAL
CONTACT BETWEEN THE PUBLIC AND WILD ANIMAL.
  2. IT SHALL BE UNLAWFUL FOR ANY PERSON  LICENSED  OR  REQUIRED  TO  BE
LICENSED AS AN EXHIBITOR OR DEALER PURSUANT TO THE ANIMAL WELFARE ACT, 7
USC 2132-2134, INCLUDING AGENTS OR EMPLOYEES OF SUCH PERSON, TO KNOWING-
LY ALLOW THE PUBLIC TO HAVE DIRECT CONTACT WITH A WILD ANIMAL.
  3.  ANY  PERSON  WHO  VIOLATES 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  SUBSE-
QUENT  OFFENSES.  EACH  INSTANCE  OF  ALLOWING  DIRECT CONTACT OF A WILD
ANIMAL WITH THE PUBLIC IN VIOLATION OF THIS SECTION SHALL  CONSTITUTE  A
SEPARATE OFFENSE.
  4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT
VETERINARY EXAMINATION, TREATMENT OR CARE OF A WILD ANIMAL OR  TRANSPOR-
TATION OF THE ANIMAL FOR SUCH PURPOSE.

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

co-Sponsors

2013-A9004B - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0538, En Con L

2013-A9004B - Summary

Relates to public safety and big cats; prohibits contact with big cats.

2013-A9004B - Bill Text download pdf 

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

                                 9004--B

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, BENEDETTO, MILLMAN, COLTON -- read
  once and referred to the Committee on  Environmental  Conservation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  public safety and big cats

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 11-0538 to read as follows:
S 11-0538. DIRECT CONTACT BETWEEN PUBLIC AND BIG CATS PROHIBITED.
  1. AS USED IN THIS SECTION:
  (A) "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.
  (B)  "DIRECT  CONTACT" MEANS PHYSICAL CONTACT OR PROXIMITY WHERE PHYS-
ICAL CONTACT IS POSSIBLE, INCLUDING, BUT  NOT  LIMITED  TO,  ALLOWING  A
PHOTOGRAPH  TO BE TAKEN WITHOUT A PERMANENT PHYSICAL BARRIER DESIGNED TO
PREVENT PHYSICAL CONTACT BETWEEN THE PUBLIC AND BIG CATS.
  (C) "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.
  (D) "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.
  2.  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON LICENSED OR REQUIRED TO BE
LICENSED AS AN EXHIBITOR OR DEALER PURSUANT TO THE ANIMAL WELFARE ACT, 7

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14190-06-4

co-Sponsors

2013-A9004C (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0538, En Con L

2013-A9004C (ACTIVE) - Summary

Relates to public safety and big cats; prohibits contact with big cats.

2013-A9004C (ACTIVE) - Bill Text download pdf 

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

                                 9004--C

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, BENEDETTO, MILLMAN, COLTON -- read
  once and referred to the Committee on  Environmental  Conservation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, 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
  public safety and big cats

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 11-0538 to read as follows:
S 11-0538. DIRECT CONTACT BETWEEN PUBLIC AND BIG CATS PROHIBITED.
  1. AS USED IN THIS SECTION:
  (A)  "BIG  CAT"  SHALL  MEAN  ANY LIVE SPECIES OF LION (PANTHERA LEO),
TIGER (PANTHERA TIGRES), LEOPARD (PANTHERA PARDUS) (WITH  THE  EXCEPTION
OF  CLOUDED LEOPARDS (NEOFELIS NEBULOSA)), JAGUAR (PANTHERA ONCA), MOUN-
TAIN LION, SOMETIMES CALLED COUGAR (FELIS CONCOLAR)  OR  ANY  HYBRID  OF
SUCH SPECIES.
  (B)  "DIRECT  CONTACT" MEANS PHYSICAL CONTACT OR PROXIMITY WHERE PHYS-
ICAL CONTACT IS POSSIBLE, INCLUDING, BUT  NOT  LIMITED  TO,  ALLOWING  A
PHOTOGRAPH  TO BE TAKEN WITHOUT A PERMANENT PHYSICAL BARRIER DESIGNED TO
PREVENT PHYSICAL CONTACT BETWEEN THE PUBLIC AND BIG CATS.
  (C) "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.
  (D) "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.

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

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