A00912 Summary:

BILL NOA00912
 
SAME ASSAME AS S04289
 
SPONSORGlick (MS)
 
COSPNSRO'Donnell, Colton, Rosenthal L, Gottfried, Dinowitz, Otis
 
MLTSPNSRCook
 
Add 11-1908, En Con L
 
Prohibits the taking of zoo, petting zoo, carnival or circus animals; provides that violations shall be punishable by a fine of not less than five hundred dollars nor more than two thousand dollars.
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A00912 Actions:

BILL NOA00912
 
01/14/2019referred to environmental conservation
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A00912 Committee Votes:

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A00912 Floor Votes:

There are no votes for this bill in this legislative session.
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A00912 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A912
 
SPONSOR: Glick (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the taking of zoo, petting zoo, carnival or circus animals   PURPOSE OR GENERAL IDEA OF BILL: To amend the environmental conservation law, in relation to prohibiting the taking killing of zoo, petting zoo, carnival or circus animals.   SUMMARY OF SPECIFIC PROVISIONS: This bill will amend the environmental conservation law by adding a new section, which will prohibit the taking of zoo, petting zoo, carnival or circus animals. It also stipulates that no zoo, petting zoo, carnival or circus can sell, or offer for sale, distribute, barter or donate any animal where the animal may be intentionally taken. Additionally, no person that operates or manages a facility including, but not limited to a facility that harbors non-native big game mammals, or any other facil- ity that permits the taking of animals shall purchase, accept or receive any animal such person knows or has reason to know is presently or was formerly a part of a zoo, petting zoo, carnival, or circus. Violations of this law will be punishable by a fine of not less than five hundred dollars and not more than two thousand dollars. Nothing in this section shall preempt a municipal corporation from enacting more restrictive laws, ordinances or regulation governing animals in zoos, petting zoos, carnivals, or circuses.   JUSTIFICATION: This bill seeks to protect animals that have spent a better part of their life in captivity from an inhumane and unnecessarily painful death. Animals coming from zoos, petting zoos, circuses and carnivals have been trained and domesticated making them unfairly easy targets for hunters. Killing the animal once it has served its purpose should not be the answer to ridding the facility of excess animals. Additionally, nothing in this bill should be construed to affect protections afforded to animals in other sections of law.   PRIOR LEGISLATIVE HISTORY: 2017-18: Passed Assembly 2016: Referred to rules 2015: Referred to environmental conservation Referred to Environmental Conservation   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: To take effect on the sixtieth day after it shall have become law.
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A00912 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           912
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A. GLICK, O'DONNELL, COLTON, L. ROSENTHAL, GOTT-
          FRIED, DINOWITZ, OTIS -- Multi-Sponsored by -- M. of A. COOK  --  read
          once and referred to the Committee on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the taking of zoo, petting 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  § 11-1908. Prohibits the taking of zoo, petting zoo, carnival or  circus
     4               animals.
     5    1. No person shall take, as defined in subdivision thirteen of section
     6  11-0103  of this article, an animal that such person knows or has reason
     7  to know is presently or was formerly a  part  of  a  zoo,  petting  zoo,
     8  carnival, or circus.
     9    2.  No zoo, petting zoo, carnival, or circus or any person licensed or
    10  required to be licensed as an exhibitor under the Animal Welfare Act,  7
    11  USC section 2131 et seq., shall sell, offer for sale, distribute, barter
    12  or donate any animal wherein such animal may be intentionally taken.
    13    3.  No person who owns, operates, or manages a facility including, but
    14  not limited to a facility that harbors non-native big game  mammals,  or
    15  any  other  facility  that permits the taking of animals shall purchase,
    16  accept or receive any animal such person knows or has reason to know  is
    17  presently  or  was  formerly  a part of a zoo, petting zoo, carnival, or
    18  circus.
    19    4. Violations of this section shall be punishable by  a  fine  of  not
    20  less than five hundred dollars nor more than two thousand dollars.
    21    5.  Nothing in this section shall preempt a municipal corporation from
    22  enacting more restrictive  laws,  ordinances  or  regulations  governing
    23  animals in zoos, petting zoos, carnivals, or circuses.
    24    §  2.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05044-01-9
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