Bill Text: NY S02724 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO DOMESTIC ANIMAL WELFARE [S02724 Detail]

Download: New_York-2019-S02724-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2724--A
            Cal. No. 999

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 29, 2019
                                       ___________

        Introduced  by Sens. KRUEGER, ADDABBO, BAILEY, HOYLMAN, MARTINEZ, STAVI-
          SKY -- read twice and ordered printed, and when printed to be  commit-
          ted   to  the  Committee  on  Domestic  Animal  Welfare  --  committee
          discharged and said bill  committed  to  the  Committee  on  Rules  --
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading

        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    § 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, restricted
    12  to the use of pentobarbital solution in an overdose concentration,  that
    13  immediately  renders  the animal unconscious, with complete unconscious-
    14  ness remaining until death;
    15    (d) "Undue delay" means any delay  beyond  that  which  is  reasonably
    16  necessary  to  carry  out  prompt,  humane  euthanasia  or to administer
    17  prompt, appropriate and necessary veterinary treatment, or to carry  out
    18  prompt, humane handling and transport of the nonambulatory animal pursu-
    19  ant to this subdivision and subdivision three of this section;
    20    (e)  "Humane handling" means that a nonambulatory animal shall only be
    21  moved with a sling, stoneboat, or on other sled-like or wheeled  convey-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06763-02-9
        S. 2724--A                          2

     1  ances.  In no event shall a nonambulatory animal be dragged, pushed with
     2  a tractor, forklift, or other equipment, lifted, unless with  full  body
     3  support, or otherwise moved inhumanely.
     4    (f)  "Veterinary  treatment"  means that a licensed veterinarian shall
     5  determine whether a nonambulatory animal requires medical  attention  or
     6  rehabilitation, or humane euthanasia.
     7    2.  No  person shall transport or hold, except as provided in subdivi-
     8  sion three of this section, buy, sell, give, receive, or market a nonam-
     9  bulatory animal for human or animal consumption.
    10    3. (a) A nonambulatory animal may be transported, provided such trans-
    11  port is in compliance with paragraph (e)  of  subdivision  one  of  this
    12  section,  where  the  animal  becomes nonambulatory on the property of a
    13  farmer who has bred or raised the animal, without undue delay  from  the
    14  time  the animal becomes nonambulatory, to another location on that same
    15  property, solely for the purpose of administering to the  animal  appro-
    16  priate and necessary veterinary treatment.
    17    (b) A nonambulatory animal may be held on the property of a farmer who
    18  has  bred  or  raised  the  animal  for  a brief period of time which is
    19  reasonably necessary to obtain veterinary treatment of the nonambulatory
    20  animal pursuant to this subdivision. Such veterinary treatment shall  be
    21  administered without undue delay from the time the animal becomes nonam-
    22  bulatory.
    23    4.  Under no circumstances shall a nonambulatory animal be transported
    24  or held for any purpose other than that permitted in this section.
    25    5.  Any person who violates any provision of  this  section  shall  be
    26  guilty of a misdemeanor, punishable by imprisonment of not more than one
    27  year,  or  by a fine of not more than two thousand five hundred dollars,
    28  or by both such fine and imprisonment. Each day on which a violation  of
    29  this  section occurs and each instance of a prohibited action under this
    30  section shall constitute a separate offense.
    31    6. The commissioner shall promulgate rules and  regulations  to  carry
    32  out the provisions of this section.
    33    § 2. This act shall take effect on the one hundred twentieth day after
    34  it shall have become a law.