Bill Text: NY S06211 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that "wild animal" means indigenous, non-domesticated animals native to the country in which they live and "exotic animal" means a wild animal with an origin of a different continent; adds certain wild or exotic animals to the list of non-companion animals; provides certain owners of wild or exotic animals with a license process.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-04-09 - referred to environmental conservation [S06211 Detail]

Download: New_York-2023-S06211-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6211--C
            Cal. No. 540

                               2023-2024 Regular Sessions

                    IN SENATE

                                      April 3, 2023
                                       ___________

        Introduced  by  Sens. MARTINEZ, GOUNARDES, MAY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental Conservation -- committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and  recommitted to said committee -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading -- recommitted to the  Commit-
          tee  on  Environmental  Conservation in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said  committee,  ordered  to  first
          report,  amended  on  first  report,  ordered  to  a second report and
          ordered reprinted, retaining its place in the order of second report

        AN ACT to amend the environmental conservation law, in relation to  wild
          or exotic animals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph e of subdivision 6  of  section  11-0103  of  the
     2  environmental  conservation law, as amended by chapter 10 of the laws of
     3  2005, is amended to read as follows:
     4    e. ["Wild animal" shall not include "companion animal" as  defined  in
     5  section  three  hundred  fifty of the agriculture and markets law.  Wild
     6  animal  includes,]  "Wild  animal"  means  indigenous,  non-domesticated
     7  animals  native to the country in which they live. "Exotic animal" means
     8  a wild animal with an origin of a different continent.  The  terms  wild
     9  animal and exotic animal shall not include "companion animal" as defined
    10  in  section three hundred fifty of the agriculture and markets law. Wild
    11  animals and exotic animals include and [is] are limited to, any  or  all
    12  of the following orders [and], families, and genera:
    13    (1) Nonhuman primates and prosimians,
    14    (2) Felidae and all hybrids thereof, with the exception of the species
    15  Felis  catus (domesticated and feral cats, which shall mean domesticated
    16  cats that were formerly owned and that have been abandoned and that  are

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10398-09-4
        S. 6211--C                          2

     1  no  longer socialized, as well as offspring of such cats) and hybrids of
     2  Felis catus that are registered by the American Cat Fanciers Association
     3  or the International Cat Association provided that such cats be  without
     4  any wild felid parentage for a minimum of five generations,
     5    (3)  Canidae (with the exception of domesticated dogs and captive bred
     6  fennec foxes (vulpes zerda)),
     7    (4) Ursidae,
     8    (5) All reptiles that are venomous by nature, pursuant  to  department
     9  regulation, and the following species and orders: Burmese Python (Python
    10  m.  bivittatus),  Reticulated  Python (Python reticulatus), African Rock
    11  Python  (Python  sabae),  Green  Anaconda  (Eunectes  maurinus),  Yellow
    12  Anaconda  (Eunectes  notaeus),  Australian  Amethystine  Python (Morelia
    13  amethistina and Morelia  kinghorni),  Indian  Python  (Python  molurus),
    14  Asiatic  (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilo-
    15  citus), White Throat Monitor (Varanus albigularis), Black Throat Monitor
    16  (Varanus albigularis ionides) and Crocodile Monitor (Varanus salvadori),
    17  Komodo Dragon (Varanus komodensis) and any hybrid thereof,
    18    (6) Crocodylia,
    19    (7) Macropodidae including but not limited  to  kangaroos,  wallabies,
    20  tree-kangaroos, wallaroos, pademelons and quokkas,
    21    (8) Cetacea (including whales and dolphins),
    22    (9) Elephantidae (elephants),
    23    (10) Hyaenidae (hyenas),
    24    (11) Perissodactyla (including rhinoceroses, tapirs and zebras),
    25    (12) Pinnipedia (including seals, sea lions and walruses),
    26    (13) Xenarthra (including sloths, anteaters and armadillos),
    27    (14) Viverridae (including bearcats),
    28    (15) Cynomys, and
    29    (16) Capybaras.
    30    §  2. Section 11-0512 of the environmental conservation law is amended
    31  by adding a new subdivision 3-a to read as follows:
    32    3-a. Any person who possesses or harbors an exotic animal pursuant  to
    33  paragraph  e  of  subdivision six of section 11-0103 of this article for
    34  use as a pet at the time that this subdivision takes effect  may  retain
    35  possession  of  such animal for the remainder of its life, provided that
    36  such person:
    37    a. Has not been convicted  of  any  offense  relating  to  cruelty  to
    38  animals or under a judicial order prohibiting possession of animals;
    39    b.  Applies  to the department within six months of the effective date
    40  of this section, and obtains from the department, a license pursuant  to
    41  subdivision four of this section;
    42    § 3. This act shall take effect immediately.