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Bill Summary
Location Bill  Title  Date  Category
New York  New York SB 509  Haley's Act - prohibits direct contact between a big cat and a member of the public  1/8/2013  Dead
Summary
Bill Text
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          509

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by Sen. ESPAILLAT -- 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
         enacting Haley's act

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

    1    Section 1. Article 11 of the environmental conservation law is amended
    2  by adding a new title 26 to read as follows:
    3                                  TITLE 26
    4                                 HALEY'S ACT
    5  SECTION 11-2601. SHORT TITLE.
    6          11-2603. DEFINITIONS.
    7          11-2605. PROHIBITIONS.
    8          11-2607. PENALTIES.
    9  S 11-2601. SHORT TITLE.
   10    THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS "HALEY'S ACT".
   11  S 11-2603. DEFINITIONS.
   12    FOR THE PURPOSES OF THIS TITLE:
   13    1.  "BIG CAT" SHALL MEAN ANY LIVE SPECIES OF LION (PANTHERA LEO PERSI-
   14  CA),  TIGER  (PANTHERA  TIGRES),  LEOPARD  (PANTHERA  PARDUS),   CHEETAH
   15  (ACINOYX  JUBATUS),  JAGUAR  (PANTHERA  ONCA),  MOUNTAIN LION, SOMETIMES
   16  CALLED COUGAR (FELIS CONCOLAR) OR ANY HYBRID OF SUCH SPECIES.
   17    2. "DIRECT CONTACT" SHALL MEAN ANY SITUATION IN  WHICH  AN  INDIVIDUAL
   18  MAY  POTENTIALLY  TOUCH OR OTHERWISE COME INTO PHYSICAL CONTACT WITH ANY
   19  LIVE SPECIMEN OF A SPECIES.
   20    3. "ZOO" MEANS ANY INDOOR AREA OPEN TO THE PUBLIC FOR THE  PURPOSE  OF
   21  VIEWING ANIMALS.
   22    4.  "DEALER"  SHALL MEAN ANY PERSON WHO, IN COMMERCE, FOR COMPENSATION
   23  OR PROFIT, DELIVERS FOR  TRANSPORTATION,  OR  TRANSPORTS,  EXCEPT  AS  A
   24  CARRIER, BUYS, SELLS, OR NEGOTIATES THE PURCHASE OR SALE OF ANY ANIMALS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02542-01-3
       S. 509                              2

    1    5.  "EXHIBITOR"  SHALL  MEAN ANY PERSON (PUBLIC OR PRIVATE) EXHIBITING
    2  ANY ANIMALS, WHICH WERE PURCHASED IN COMMERCE OR THE  INTENDED  DISTRIB-
    3  UTION  OF WHICH AFFECTS COMMERCE, OR WILL AFFECT COMMERCE, TO THE PUBLIC
    4  FOR COMPENSATION, AS DETERMINED  BY  THE  COMMISSIONER,  AND  SUCH  TERM
    5  INCLUDES  CARNIVALS,  CIRCUSES, AND ZOOS EXHIBITING SUCH ANIMALS WHETHER
    6  OPERATED FOR PROFIT OR NOT.
    7  S 11-2605. PROHIBITIONS.
    8    1. IT SHALL BE UNLAWFUL FOR AN EXHIBITOR OR DEALER  LICENSED  PURSUANT
    9  TO TITLE 7 U.S.C. SECTIONS 2133 AND 2134 TO ALLOW DIRECT CONTACT BETWEEN
   10  A BIG CAT AND A MEMBER OF THE PUBLIC.
   11    2.  THIS  SECTION  SHALL  NOT  APPLY TO AN EXHIBITOR THAT IS A ZOO, AS
   12  DETERMINED BY THE COMMISSIONER.
   13    3. AN EXHIBITOR IS DETERMINED TO BE ZOO UNDER SUBDIVISION TWO OF  THIS
   14  SECTION UPON THE COMMISSIONER'S CONSIDERATION OF:
   15    (A)  WHETHER  THE  EXHIBITOR  IS A FACILITY ACCREDITED BY, AND IN GOOD
   16  STANDING WITH, THE ASSOCIATION OF ZOOS AND AQUARIUMS; AND
   17    (B) WHETHER THE EXHIBITOR OPERATES WITH SUFFICIENT REGARD  FOR  PUBLIC
   18  SAFETY.
   19  S 11-2607. PENALTIES.
   20    1.  ANY  DEALER  OR  EXHIBITOR  LICENSED  PURSUANT  TO TITLE 17 U.S.C.
   21  SECTIONS 2133 AND 2134, THAT VIOLATES ANY PROVISION OF  THIS  TITLE,  OR
   22  ANY  RULE OR REGULATION PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS
   23  TITLE, MAY BE ASSESSED A CIVIL PENALTY BY THE COMMISSIONER OF  NOT  MORE
   24  THAN  TEN  THOUSAND  DOLLARS FOR EACH SUCH VIOLATION. EACH VIOLATION AND
   25  EACH DAY DURING WHICH A VIOLATION CONTINUES SHALL BE A SEPARATE OFFENSE.
   26  NO PENALTY SHALL BE ASSESSED UNLESS SUCH  PERSON  IS  GIVEN  NOTICE  AND
   27  OPPORTUNITY FOR A HEARING WITH RESPECT TO THE ALLEGED VIOLATION, AND THE
   28  ORDER OF THE COMMISSIONER ASSESSING A PENALTY SHALL BE FINAL AND CONCLU-
   29  SIVE  UNLESS THE AFFECTED PERSON FILES AN APPEAL FROM THE COMMISSIONER'S
   30  ORDER WITHIN THE PROVISIONS OF THE STATE ADMINISTRATIVE  PROCEDURE  ACT.
   31  THE  COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE APPROPRIATENESS OF
   32  THE PENALTY WITH RESPECT TO THE SIZE  OF  THE  BUSINESS  OF  THE  PERSON
   33  INVOLVED, THE GRAVITY OF THE VIOLATION, THE PERSON'S GOOD FAITH, AND THE
   34  HISTORY  OF  PREVIOUS  VIOLATIONS. ANY SUCH CIVIL PENALTY MAY BE COMPRO-
   35  MISED BY THE COMMISSIONER. UPON ANY FAILURE TO PAY THE PENALTY  ASSESSED
   36  BY  A FINAL ORDER UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL REQUEST
   37  THE ATTORNEY GENERAL TO INSTITUTE A CIVIL ACTION TO COLLECT THE PENALTY.
   38    2. ANY DEALER OR  EXHIBITOR,  LICENSED  PURSUANT  TO  TITLE  7  U.S.C.
   39  SECTIONS  2133  AND  2134, WHO KNOWINGLY VIOLATES ANY PROVISIONS OF THIS
   40  TITLE SHALL, ON CONVICTION THEREOF, BE SUBJECT TO IMPRISONMENT  FOR  NOT
   41  MORE  THAN ONE YEAR, OR A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR
   42  BOTH.
   43    S 2. This act shall take effect on the one hundred eightieth day after
   44  it shall have become a law; provided, however, that effective immediate-
   45  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   46  necessary  for  the implementation of this act on its effective date are
   47  authorized and directed to be made and completed by the commissioner  of
   48  the department of environmental conservation on or before such effective
   49  date.
 


Details
Category   Date   Detail  
  Status 6/20/2014  Bill died at adjournment with no further action; no carryover to 2015 
  Status 6/10/2014  Placed on Senate calendar 
  Status 6/9/2014  Committee discharged bill; referred to Rules Committee 
  Status 6/20/2013  Legislature adjourned for year; bills carry over to 2014. 
  Status 1/9/2013  Referred to Senate Committee on Environmental Conservation 
 


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