Bill Text: NY A04615 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits any person from transporting, holding, buying, selling, giving, receiving or marketing a nonambulatory animal unless such animal is first humanely euthanized without undue delay from the time that such animal becomes nonambulatory; makes certain exceptions; provides violation provisions; and defines relevant terms.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A04615 Detail]

Download: New_York-2011-A04615-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4615
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to nonambu-
         latory animals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The agriculture and markets law is amended by adding a new
    2  section 357-a to read as follows:
    3    S 357-A. NONAMBULATORY ANIMALS. 1. DEFINITIONS. FOR  THE  PURPOSES  OF
    4  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A)  "PERSON"  MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, ASSOCI-
    6  ATION, MUNICIPALITY, OR OTHER LEGAL ENTITY;
    7    (B) "NONAMBULATORY ANIMAL" MEANS ANY DOMESTIC SHEEP, CATTLE  OR  SWINE
    8  THAT IS RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES AND THAT IS UNABLE
    9  TO STAND AND WALK WITHOUT ASSISTANCE;
   10    (C) "HUMANELY EUTHANIZE" MEANS TO KILL AN ANIMAL BY A SINGLE BLOW OF A
   11  PENETRATING  CAPTIVE  BOLT  OR GUN SHOT, OR BY CHEMICAL MEANS THAT IMME-
   12  DIATELY RENDERS THE ANIMAL UNCONSCIOUS,  WITH  COMPLETE  UNCONSCIOUSNESS
   13  REMAINING UNTIL DEATH;
   14    (D)  "UNDUE  DELAY"  MEANS  ANY  DELAY BEYOND THAT WHICH IS REASONABLY
   15  NECESSARY TO CARRY  OUT  PROMPT,  HUMANE  EUTHANASIA  OR  TO  ADMINISTER
   16  PROMPT,  APPROPRIATE AND NECESSARY VETERINARY TREATMENT, OR TO CARRY OUT
   17  PROMPT, HUMANE HANDLING AND TRANSPORT OF THE NONAMBULATORY ANIMAL PURSU-
   18  ANT TO THIS SUBDIVISION AND SUBDIVISION THREE OF THIS SECTION;
   19    (E) "HUMANE HANDLING" MEANS THAT A NONAMBULATORY ANIMAL SHALL ONLY  BE
   20  MOVED  WITH A SLING, STONEBOAT, OR ON OTHER SLED-LIKE OR WHEELED CONVEY-
   21  ANCES. IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE DRAGGED, PUSHED  WITH
   22  A  TRACTOR,  FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH FULL BODY
   23  SUPPORT, OR OTHERWISE MOVED INHUMANELY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00863-01-1
       A. 4615                             2
    1    (F) "VETERINARY TREATMENT" MEANS THAT A  LICENSED  VETERINARIAN  SHALL
    2  DETERMINE  WHETHER  A NONAMBULATORY ANIMAL REQUIRES MEDICAL ATTENTION OR
    3  REHABILITATION, OR HUMANE EUTHANASIA.
    4    2.  NO  PERSON SHALL TRANSPORT OR HOLD, EXCEPT AS PROVIDED IN SUBDIVI-
    5  SION THREE OF THIS SECTION, BUY, SELL, GIVE, RECEIVE, OR MARKET A NONAM-
    6  BULATORY ANIMAL.
    7    3. (A) A NONAMBULATORY ANIMAL MAY BE TRANSPORTED, PROVIDED SUCH TRANS-
    8  PORT IS IN COMPLIANCE WITH PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  THIS
    9  SECTION,  WHERE  THE  ANIMAL  BECOMES NONAMBULATORY ON THE PROPERTY OF A
   10  FARMER WHO HAS BRED OR RAISED THE ANIMAL, WITHOUT UNDUE DELAY  FROM  THE
   11  TIME  THE ANIMAL BECOMES NONAMBULATORY, TO ANOTHER LOCATION ON THAT SAME
   12  PROPERTY, SOLELY FOR THE PURPOSE OF ADMINISTERING TO THE  ANIMAL  APPRO-
   13  PRIATE AND NECESSARY VETERINARY TREATMENT.
   14    (B) A NONAMBULATORY ANIMAL MAY BE HELD ON THE PROPERTY OF A FARMER WHO
   15  HAS  BRED  OR  RAISED  THE  ANIMAL  FOR  A BRIEF PERIOD OF TIME WHICH IS
   16  REASONABLY NECESSARY TO OBTAIN VETERINARY TREATMENT OF THE NONAMBULATORY
   17  ANIMAL PURSUANT TO THIS SUBDIVISION. SUCH VETERINARY TREATMENT SHALL  BE
   18  ADMINISTERED WITHOUT UNDUE DELAY FROM THE TIME THE ANIMAL BECOMES NONAM-
   19  BULATORY.
   20    4.  UNDER NO CIRCUMSTANCES SHALL A NONAMBULATORY ANIMAL BE TRANSPORTED
   21  OR HELD FOR ANY PURPOSE OTHER THAN THAT PERMITTED IN THIS SECTION.
   22    5.  ANY PERSON WHO VIOLATES ANY PROVISION OF  THIS  SECTION  SHALL  BE
   23  GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT OF NOT MORE THAN ONE
   24  YEAR,  OR  BY A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS,
   25  OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH DAY ON WHICH A VIOLATION  OF
   26  THIS  SECTION OCCURS AND EACH INSTANCE OF A PROHIBITED ACTION UNDER THIS
   27  SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
   28    6. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  TO  CARRY
   29  OUT THE PROVISIONS OF THIS SECTION.
   30    S 2. This act shall take effect on the one hundred twentieth day after
   31  it shall have become a law.