Bill Text: NY S02009 | 2019-2020 | General Assembly | Introduced

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Bill Title: Limits ownership or possession of companion animals by "Buster's Law" violators and adds definition of equine companion while taking horses out of farm animal definition.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S02009 Detail]

Download: New_York-2019-S02009-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2009
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
                                       ___________
        Introduced  by  Sens.  TEDISCO,  BOYLE, O'MARA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Domestic
          Animal Welfare
        AN ACT to amend the agriculture and markets law, in relation to limiting
          the ownership or possession of companion animals by persons  convicted
          of violating "Buster's Law"; and in relation to horses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 353-a of the agriculture and markets law is amended
     2  by adding a new subdivision 4 to read as follows:
     3    4. On and after the effective date of this subdivision, no person  who
     4  is  convicted  of  a  violation  of  this section shall own or possess a
     5  companion animal unless and until authorized by a court order issued  by
     6  a  county  court  judge of his or her county of residence. No such order
     7  shall be issued until such convicted person first  demonstrates  to  the
     8  court that he or she has undergone psychiatric or psychological testing,
     9  the results of which indicate by clear and convincing evidence of his or
    10  her  capable  and  sound mental capacity and ability to own and properly
    11  care for such an animal in a humane manner.
    12    § 2. Subdivision 4 of section 350 of the agriculture and markets  law,
    13  as  added  by  chapter  569  of  the laws of 1995, is amended to read as
    14  follows:
    15    4. "Farm animal", as used in this article, means any  ungulate,  poul-
    16  try,  species  of  cattle, sheep, swine, goats, llamas[, horses] or fur-
    17  bearing animals, as defined in  section  11-1907  of  the  environmental
    18  conservation  law,  which  are  raised  for  commercial  or  subsistence
    19  purposes. Fur-bearing animal shall not include dogs or cats.
    20    § 3.  Section 350 of the agriculture and markets  law  is  amended  by
    21  adding a new subdivision 6 to read as follows:
    22    6.  "Equine  companion",  as  used in this article, means any horse so
    23  used for recreational pursuits, including but not  limited  to:  racing,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05176-01-9
        S. 2009                             2
     1  jumping,  showing,  rehabilitative  purposes  or otherwise treated in an
     2  open and known fashion as a "companion animal" or "pet"  as  defined  in
     3  subdivision five of this section.
     4    §  4.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.