S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4796
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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
   protecting wildlife while maintaining public safety
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11-0524 of the environmental  conservation  law  is
 amended  by  adding  four  new  subdivisions  6,  7,  8 and 9 to read as
 follows:
   6. IF AN ANIMAL IS KILLED, IT SHALL BE DONE IN A  MANNER  THAT  AVOIDS
 UNNECESSARY  SUFFERING  FOR  THE  ANIMAL WHILE PROTECTING PUBLIC SAFETY.
 NON-LETHAL METHODS OF RESOLVING NUISANCE  WILDLIFE  PROBLEMS,  INCLUDING
 DISPOSITION  OF THE ANIMALS, SHALL BE UTILIZED UNLESS CONTRARY TO PUBLIC
 HEALTH AND SAFETY OR PROHIBITED  BY  LAW.  CAPTURED  WILDLIFE  SHALL  BE
 TRANSPORTED  IN  SUCH  A  MANNER SO AS TO MINIMIZE STRESS TO THE ANIMAL,
 EXPOSURE TO THE ELEMENTS, AND POTENTIAL HAZARD TO THE PUBLIC. REASONABLE
 EFFORTS SHOULD BE MADE TO PRESERVE FAMILY UNITS. DEPENDENT  YOUNG  WILD-
 LIFE SHALL NOT BE ABANDONED IN A STRUCTURE OR LEFT WITHOUT PROVISION FOR
 CARE DURING OR AFTER THE REMOVAL OF WILDLIFE.
   7.  BEFORE A NUISANCE WILDLIFE CONTROL OPERATOR UNDERTAKES ANY CONTROL
 MEASURES, A NUISANCE WILDLIFE CONTROL OPERATOR  SHALL  PROVIDE,  TO  THE
 CLIENT,  IN  WRITING,  THE  FOLLOWING: (A) AN ASSESSMENT OF THE PROBLEM,
 INCLUDING IDENTIFICATION OF POSSIBLE CAUSES  OF  THE  PROBLEM;  (B)  THE
 METHODS AND PRACTICES THAT MAY BE USED TO RESOLVE THE PROBLEM INCLUDING,
 BUT  NOT  LIMITED  TO,  DISPOSITION TO BE MADE OF THE ANIMAL; AND (C) AN
 ESTIMATE OF THE FEE TO BE CHARGED.
   8. THE DEPARTMENT SHALL KEEP A RECORD, FOR NO LESS THAN FIVE YEARS, OF
 ANY WRITTEN OR ORAL COMPLAINTS RECEIVED  BY  THE  DEPARTMENT  AGAINST  A
 NUISANCE  WILDLIFE  CONTROL  OPERATOR AND SHALL DOCUMENT ACTION TAKEN BY
 THE DEPARTMENT IN RESPONSE TO THE COMPLAINT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05410-01-7
              

 A. 4796                             2
 
   9. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  RULES  AND  REGULATIONS
 NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   §  2.  This act shall take effect on the three hundred sixty-fifth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.