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A04116 Summary:

BILL NOA04116A
 
SAME ASSAME AS S05148-A
 
SPONSORGlick
 
COSPNSRCook, Galef, Weinstein, Rosenthal L, Englebright, Colton, Sepulveda, D'Urso, McDonough, Simon, Ortiz, Dinowitz, Lifton
 
MLTSPNSREpstein, Hevesi
 
Amd 11-0901 & 71-0921, En Con L
 
Provides that it shall be unlawful for any person to organize, sponsor, conduct, promote, or participate in any contest, competition, tournament or derby where the objective of such contest or competition is to take wildlife.
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A04116 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4116A
 
SPONSOR: Glick
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to making contests, competitions, tournaments and derbys to take wildlife unlawful   PURPOSE OR GENERAL IDEA OF BILL: This bill will make it unlawful for any person to organize, sponsor, conduct, promote or participate in any contest, competition, tournament, or derby with the objective of taking or hunting wildlife for prizes for other inducement, or for entertainment.   SUMMARY OF SPECIFIC PROVISIONS: Section one. Subdivisions 14, 15 and 16 of section 11-0901 of the envi- ronmental conservation law, subdivision 14 as renumbered by chapter 486 of the laws of 1985, are renumbered subdivisions 15, 16, and 17 and a new subdivision 14 is added to read as follows: Section 1. Subdivision 14. Makes it unlawful for any person to organize, sponsor, conduct, promote or participate in any contest, competition, tournament, or derby with the objective of taking or hunting wildlife for prizes for other inducement, or for entertainment. Section 2. Section 71-0921 of the environmental conservation law is amended by adding a new subdivision 10-a to read as follows: 10-a. Violations of subdivision fourteen of section of 11-0901 of this chapter involving unlawful contests, competitions, tournaments and derbys to take wildlife. Each such misdemeanor shall be punished by imprisonment for not more than one year or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both such imprisonment and fine. Section 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.   JUSTIFICATION: Animal killing competitions can generally be described as contests where the person or team who has killed the most animals, or the heaviest or largest animals is Crowned the winner. In animal killing competitions, individuals compete to kill the most animals, the heaviest animal, or the largest animal. Competitions or contests such as these are inhumane and provide incentive to killing animals for glory, prizes or titles. They are different from the average hunting experience since they are often rigged with animals that cannot escape. In many cases, these competitions are conducted in a party-like atmosphere and are more like slaughters or massacres and are unsports- manlike. These competitions would be considered cruel by a typical hunt- er and promote excessive and unnecessary killing of wildlife. This bill will ensure that it is illegal in New York State to sponsor or participate in wildlife killing contests or competitions and that anyone in violation is guilty of a misdemeanor punishable by imprisonment or fine, or both.   PRIOR LEGISLATIVE HISTORY: 2015-16: A.3855 2013-14: A.3661 2011-12: A.3509 2009-10: A.2559 2007-08: A.2614 2005-06: A.1822 2003-04: A.7985   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
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A04116 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4116--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK, COOK, GALEF, WEINSTEIN, L. ROSENTHAL,
          ENGLEBRIGHT, COLTON, SEPULVEDA, D'URSO, McDONOUGH  --  read  once  and
          referred  to  the  Committee on Environmental Conservation -- reported
          and referred to the Committee on Codes -- recommitted to the Committee
          on Codes in accordance with Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          making contests, competitions, tournaments and derbys to take wildlife
          unlawful
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 14, 15 and 16 of section 11-0901 of the envi-
     2  ronmental conservation law, subdivision 14 as renumbered by chapter  486
     3  of the laws of 1985, are renumbered subdivisions 15, 16 and 17 and a new
     4  subdivision 14 is added to read as follows:
     5    14. It shall be unlawful for any person to organize, sponsor, conduct,
     6  promote,  or  participate  in  any  contest, competition, tournament, or
     7  derby with the objective of taking or hunting  wildlife  for  prizes  or
     8  other inducement, or for entertainment.  Any wildlife injured during the
     9  course  of  a  contest,  competition,  tournament, or derby conducted in
    10  violation of this subdivision shall be transported to a  licensed  wild-
    11  life rehabilitator or veterinarian for treatment or humane euthanasia if
    12  best efforts to rehabilitate and release the animal fail. The remains of
    13  any wildlife killed during the course of a contest, competition, tourna-
    14  ment,  or  derby  conducted  in  violation  of this subdivision shall be
    15  forfeited by every organizer, promoter, participant or any other  person
    16  conducting  or  involved  in  such  contest, competition, tournament, or
    17  derby and the remains of such wildlife shall become the property of  the
    18  department.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03100-05-8

        A. 4116--A                          2
 
     1    §  2. Section 71-0921 of the environmental conservation law is amended
     2  by adding a new subdivision 10-a to read as follows:
     3    10-a.  Violations  of  subdivision fourteen of section 11-0901 of this
     4  chapter  involving  unlawful  contests,  competitions,  tournaments  and
     5  derbys  to  take  wildlife. Each such misdemeanor shall be punishable by
     6  imprisonment for not more than one year or by a fine of  not  less  than
     7  five hundred dollars nor more than two thousand dollars, or by both such
     8  imprisonment and fine.
     9    § 3. This act shall take effect on the first of November next succeed-
    10  ing the date on which it shall have become a law.
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