Bill Text: NY S00273 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits cruel treatment of elephants; prohibits the possession of certain devices; prohibits the use of certain devices on elephants; prohibits acts which cause pain, injury or death to an elephant; any violation of this section shall constitute a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO AGRICULTURE [S00273 Detail]

Download: New_York-2017-S00273-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           273
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting cruel treatment of elephants
          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 380 to read as follows:
     3    § 380. Cruelty to elephants. 1. It shall be unlawful for any person to
     4  commit any of the following acts on or to an elephant:
     5    (a) Using a bullhook, ankus, or similar device;
     6    (b) Using electricity or any shocking device;
     7    (c) Using martingales, whip, or block and tackle;
     8    (d)  Hitting, beating, punching, kicking, or engaging in any other act
     9  which could cause pain or injury;
    10    (e) Inserting any instrument into any bodily orifice;
    11    (f) Using chains for the purpose of restraining or tying  down  except
    12  for the limited purpose of protecting public safety;
    13    (g) Depriving of adequate food, water, or rest; or
    14    (h) Committing any other practices which are likely to cause injury or
    15  death to an elephant.
    16    2.  No person shall possess any device which emits an electric current
    17  or shock or any instrument that may reasonably result in  damage,  scar-
    18  ring  or  breakage  to  the  skin  of  an elephant in the presence of an
    19  elephant. For the purposes of this subdivision, such implement or device
    20  includes, but is not limited to, a bullhook,  ankus,  or  other  similar
    21  device.
    22    3. Any violation of this section shall constitute a class E felony.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05186-01-7
        S. 273                              2
     1    4.  Nothing  in  this  section  shall be construed to affect any other
     2  protections afforded to elephants under  any  other  provision  of  this
     3  chapter or any other law.
     4    5.  Nothing  contained  in  this section shall prevent any town, city,
     5  village, or county in the state from enacting a local law  or  ordinance
     6  governing  or  restricting  the use of elephants within such town, city,
     7  village, or county provided, however, that  no  such  law  or  ordinance
     8  shall be less stringent than this section.
     9    6.  Nothing in this section shall be construed to prohibit a veterina-
    10  rian from performing necessary treatment on an elephant.
    11    § 2. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law.