Bill Text: NY S04038 | 2017-2018 | General Assembly | Introduced
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) 2018-01-03 - REFERRED TO AGRICULTURE [S04038 Detail]
Download: New_York-2017-S04038-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4038 2017-2018 Regular Sessions IN SENATE February 2, 2017 ___________ Introduced by Sens. TEDISCO, BOYLE, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Agricul- ture 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. LBD06389-01-7S. 4038 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.