Bill Text: NY A09529 | 2013-2014 | General Assembly | Introduced


Bill Title: Prohibits sport killing of zoo, carnival or circus animals; prohibits the sale, transfer, donation, or acceptance of the sale, transfer or donation where the zoo, carnival or circus animal may be intentionally killed for sport.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced - Dead) 2014-05-06 - referred to environmental conservation [A09529 Detail]

Download: New_York-2013-A09529-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9529
                                 I N  A S S E M B L Y
                                      May 6, 2014
                                      ___________
       Introduced  by  M.  of  A.  GLICK,  MILLMAN,  MOSLEY, TITONE, O'DONNELL,
         COLTON,  ROSENTHAL,  GOTTFRIED,  SKARTADOS,   DINOWITZ,   SCARBOROUGH,
         ZEBROWSKI, WEISENBERG, CERETTO -- Multi-Sponsored by -- M. of A. BREN-
         NAN,  CAMARA,  COOK,  MARKEY,  RIVERA -- read once and referred to the
         Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting sport killing of zoo, carnival or circus animals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 11-1908 to read as follows:
    3  S 11-1908. SPORT KILLING OF ZOO, CARNIVAL OR CIRCUS ANIMALS PROHIBITED.
    4    1.  NO PERSON SHALL KILL FOR SPORT AN ANIMAL THAT SUCH PERSON KNOWS OR
    5  HAS REASON TO KNOW IS PRESENTLY OR WAS FORMERLY A PART OF A ZOO,  CARNI-
    6  VAL OR CIRCUS.
    7    2. NO ZOO, CARNIVAL OR CIRCUS OR ANY PERSON LICENSED OR REQUIRED TO BE
    8  LICENSED  AS AN EXHIBITOR UNDER THE ANIMAL WELFARE ACT, 7 U.S.C. SECTION
    9  2131 (ET SEQ.) SHALL PROVIDE, SELL, OR DONATE ANY ANIMAL FOR USE IN  ANY
   10  ACTIVITY WHEREIN THE ANIMAL MAY BE INTENTIONALLY KILLED FOR SPORT.
   11    3. NO PERSON, INCLUDING, BUT NOT LIMITED TO, AN OPERATOR OF AN AUCTION
   12  SALE, SHALL TRANSFER OR CONSPIRE TO TRANSFER ANY ANIMAL THAT SUCH PERSON
   13  KNOWS  OR  HAS  REASON  TO KNOW IS PRESENTLY OR WAS FORMERLY A PART OF A
   14  ZOO, CARNIVAL, OR CIRCUS, TO ANY PERSON OR ACTIVITY WHEREIN  THE  ANIMAL
   15  MAY BE INTENTIONALLY KILLED FOR SPORT.
   16    4.  NO  PERSON  WHO  OWNS,  OPERATES, OR MANAGES A FACILITY WHEREIN AN
   17  ANIMAL MAY BE INTENTIONALLY KILLED FOR SPORT SHALL PURCHASE, ACCEPT AS A
   18  DONATION, OR RECEIVE ANY ANIMAL SUCH PERSON KNOWS OR HAS REASON TO  KNOW
   19  IS PRESENTLY OR WAS FORMERLY A PART OF A ZOO, CARNIVAL OR CIRCUS.
   20    5.  VIOLATIONS  OF  THIS  SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
   21  LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS.
   22    6. FOR PURPOSES OF THIS SECTION:
   23    (A) "CARNIVAL" MEANS AN ITINERANT ENTERPRISE CONSISTING PRINCIPALLY OF
   24  TEMPORARY AMUSEMENT DEVICES OR  MECHANICAL  RIDES,  ACROBATIC  OR  MAGIC
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14437-02-4
       A. 9529                             2
    1  SHOWS,  GAMES,  STUNTS  OR  ANIMALS OPERATED TO PROVIDE ENTERTAINMENT OR
    2  AMUSEMENT TO THE PUBLIC.
    3    (B) "CIRCUS" MEANS A TRAVELING SHOW THAT INCLUDES TRAINED ANIMALS.
    4    (C)  "OPERATOR  OF AN AUCTION SALE" MEANS ANY PERSON WHO IS ENGAGED IN
    5  OPERATING AN AUCTION AT WHICH ANIMALS ARE PURCHASED OR SOLD.
    6    (D) "PERSON" MEANS  AN  INDIVIDUAL,  PARTNERSHIP,  CORPORATION,  JOINT
    7  STOCK COMPANY, ASSOCIATION OR OTHER LEGAL ENTITY.
    8    (E)  "ZOO"  MEANS ANY PARK, BUILDING, CAGE, ENCLOSURE, OR OTHER STRUC-
    9  TURE OR PREMISES IN WHICH A LIVE ANIMAL OR ANIMALS ARE KEPT  FOR  PUBLIC
   10  EXHIBITION OR VIEWING.
   11    7.   NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT  ANY
   12  PROTECTIONS AFFORDED TO ANIMALS UNDER ANY OTHER LAW.
   13    8. NOTHING IN THIS SECTION SHALL PREVENT A MUNICIPALITY FROM  ENACTING
   14  MORE  RESTRICTIVE  PROVISIONS  GOVERNING  ANIMALS IN ZOOS, CARNIVALS, OR
   15  CIRCUSES.
   16    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   17  have become a law.
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