Bill Text: NY A09384 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to overdriving, torturing and injuring animals; exempts owners of a horse or any other person placing such horse into service to pull any vehicle, carriage, sled or sleigh or any other device in exchange for a fee.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-04-23 - referred to agriculture [A09384 Detail]

Download: New_York-2013-A09384-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9384
                                 I N  A S S E M B L Y
                                    April 23, 2014
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to  exempt-
         ing  the  owner of a horse in certain instances from the provisions of
         overdriving, torturing and injuring animals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 353 of the agriculture and markets law, as amended
    2  by chapter 458 of the laws of 1985, the opening paragraph as amended  by
    3  chapter 523 of the laws of 2005, is amended to read as follows:
    4    S 353. Overdriving, torturing and injuring animals; failure to provide
    5  proper  sustenance.  A  person  who  overdrives,  overloads, tortures or
    6  cruelly beats or unjustifiably injures, maims, mutilates  or  kills  any
    7  animal,  whether  wild  or  tame, and whether belonging to himself or to
    8  another, or deprives any animal of necessary sustenance, food or  drink,
    9  or  neglects or refuses to furnish it such sustenance or drink, or caus-
   10  es, procures  or  permits  any  animal  to  be  overdriven,  overloaded,
   11  tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
   12  killed,  or  to  be deprived of necessary food or drink, or who wilfully
   13  sets on foot, instigates, engages in, or in any way furthers any act  of
   14  cruelty  to  any  animal, or any act tending to produce such cruelty, is
   15  guilty of a class A misdemeanor and for purposes  of  paragraph  (b)  of
   16  subdivision  one  of section 160.10 of the criminal procedure law, shall
   17  be treated as a misdemeanor defined in the penal law.
   18    Nothing herein contained shall be construed to prohibit  or  interfere
   19  with  any  properly  conducted scientific tests, experiments or investi-
   20  gations, involving the use of living animals, performed or conducted  in
   21  laboratories  or  institutions, which are approved for these purposes by
   22  the state commissioner of health. The state commissioner of health shall
   23  prescribe the rules under which such approvals shall be granted, includ-
   24  ing therein standards regarding the  care  and  treatment  of  any  such
   25  animals.  Such rules shall be published and copies thereof conspicuously
   26  posted in each such laboratory or institution. The state commissioner of
   27  health or his OR HER duly authorized representative shall have the power
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14782-02-4
       A. 9384                             2
    1  to inspect such laboratories or institutions to [insure] ENSURE  compli-
    2  ance with such rules and standards. Each such approval may be revoked at
    3  any  time  for  failure  to  comply  with such rules and in any case the
    4  approval  shall  be limited to a period not exceeding one year. IT SHALL
    5  NOT BE DEEMED A VIOLATION OF THIS SECTION SOLELY BECAUSE THE OWNER OF  A
    6  HORSE  OR  ANY  OTHER  PERSON PLACES SUCH HORSE INTO SERVICE TO PULL ANY
    7  VEHICLE, CARRIAGE, SLED, SLEIGH OR OTHER DEVICE IN EXCHANGE FOR A FEE.
    8    S 2. This act shall take effect immediately.
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