S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7078

                                   I N  S E N A T E

                                    April 27, 2012
                                      ___________

       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation

       AN ACT to amend the environmental conservation law, in relation to  wild
         and exotic animal protection

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivisions 1, 8 and 9 of section 11-0512 of the  environ-
    2  mental  conservation  law, as amended by chapter 10 of the laws of 2005,
    3  are amended to read as follows:
    4    1. No person shall knowingly possess, harbor, sell, barter,  transfer,
    5  exchange,  RELEASE,  or  import  any wild animal for use as a pet in New
    6  York state, except as provided in subdivision three of this section.
    7    8. The department, any police or peace officer of this state, a  local
    8  animal   control  officer,  or  a  duly  incorporated  society  for  the
    9  prevention of cruelty to animals is hereby  authorized  to  enforce  the
   10  provisions  of this section and issue notices of violation to persons in
   11  violation of this section, and shall have the  authority  to  seize  any
   12  wild  animal held in violation of this section. A county society for the
   13  prevention of cruelty to animals must obtain a warrant before seizing  a
   14  wild  animal  or  arresting a person who owns or possesses a wild animal
   15  under this section. Wild animals seized or surrendered pursuant  to  the
   16  provisions  of  this section shall be transferred to a duly incorporated
   17  wildlife sanctuary as defined in this section, or a zoological facility,
   18  or shall be humanely euthanized.  Any  costs  associated  with  seizing,
   19  transferring, RECAPTURING or euthanizing a wild animal shall be borne by
   20  the  person  who owned, harbored or possessed the animal. The department
   21  shall also have the authority to seek injunctive relief in any court  of
   22  appropriate   jurisdiction  to  prevent  continued  violations  of  this
   23  section.
   24    9. Notwithstanding any other provision of law, any person who knowing-
   25  ly breeds a wild animal or knowingly possesses,  owns,  harbors,  sells,
   26  barters, transfers, exchanges, or imports a wild animal for use as a pet
   27  in  violation  of  the  provisions of this section shall be subject to a
   28  penalty of not more than five hundred dollars for the first offense  and

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14078-04-2
       S. 7078                             2

    1  not more than one thousand dollars for a second and subsequent offenses.
    2  Each  instance  of  breeding,  owning, harboring, sale, barter, RELEASE,
    3  transfer, exchange, or import of a wild  animal  in  violation  of  this
    4  section shall constitute a separate offense.
    5    S  2.  Paragraphs  b  and c of subdivision 3 of section 11-0512 of the
    6  environmental conservation law, as amended by chapter 10 of the laws  of
    7  2005, are amended and a new paragraph d is added to read as follows:
    8    b.  Applies  to the department within six months of the effective date
    9  of this section, and obtains from the department, a license pursuant  to
   10  subdivision four of this section; [and]
   11    c. Complies with all applicable federal, state, or local laws, includ-
   12  ing  any  ordinance,  rule  or  regulation  adopted  by a local board of
   13  health, or any rules and regulations established by  the  department  as
   14  requisites for ownership of such wild animal[.]; AND
   15    D.    REPORTS  A  RELEASE  TO  THE  LOCAL POLICE DEPARTMENT AND ANIMAL
   16  CONTROL IMMEDIATELY UPON DISCOVERY OF THE RELEASE. MORE THAN ONE  ESCAPE
   17  DURING A SINGLE CALENDAR YEAR WILL SUBJECT THE POSSESSOR TO PENALTIES BY
   18  THE DEPARTMENT PURSUANT TO SUBDIVISIONS EIGHT AND NINE OF THIS SECTION.
   19    S  3. Section 11-0512 of the environmental conservation law is amended
   20  by adding a new subdivision 11 to read as follows:
   21    11. FOR PURPOSES OF THIS SECTION, "RELEASE" SHALL  MEAN  KNOWINGLY  OR
   22  NEGLIGENTLY  FREEING  OR  SETTING  AT-LARGE  ANY  WILD  ANIMAL  FROM THE
   23  LOCATION WHERE THE ANIMAL IS PERMITTED TO BE POSSESSED OR HARBORED.
   24    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   25  have become a law.