Bill Text: NY S02783 | 2015-2016 | General Assembly | Introduced
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 5-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGRICULTURE [S02783 Detail]
Download: New_York-2015-S02783-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2783 2015-2016 Regular Sessions I N S E N A T E January 29, 2015 ___________ Introduced by Sens. KRUEGER, ADDABBO, HASSELL-THOMPSON, HOYLMAN, STAVI- SKY -- read twice and ordered printed, and when printed to be commit- ted 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, 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- 22 ANCES. IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE DRAGGED, PUSHED WITH 23 A TRACTOR, FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH FULL BODY 24 SUPPORT, OR OTHERWISE MOVED INHUMANELY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05449-01-5 S. 2783 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.