Bill Text: NY S05467 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the failure to provide proper care to large numbers of animals in private facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO AGRICULTURE [S05467 Detail]

Download: New_York-2011-S05467-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5467
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 24, 2011
                                      ___________
       Introduced  by  Sen.  O'MARA -- 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 and the general  munici-
         pal law, in relation to confinement of animals in private facilities
         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 356-a to read as follows:
    3    S  356-A.  FAILURE TO PROVIDE PROPER CARE TO LARGE NUMBERS OF ANIMALS.
    4  1. A PERSON WHO, HAVING IMPOUNDED, CONFINED OR IN ANY OTHER  WAY  HOUSED
    5  ANY  ANIMAL,  REFUSES  OR  NEGLECTS  TO SUPPLY TO SUCH ANIMAL DURING ITS
    6  CONFINEMENT A SUFFICIENT SUPPLY OF GOOD AND WHOLESOME AIR, FOOD,  WATER,
    7  SHELTER,  INCLUDING  PROPER  HEAT  AND COOLING AS APPROPRIATE, LIGHTING,
    8  HYGIENE, RECORD KEEPING, VETERINARY AND RELATED CARE, OR  ALLOWS  IT  TO
    9  REMAIN   IN   A  CROWDED  CONDITION  OR  IN  UNHEALTHFUL  OR  UNSANITARY
   10  SURROUNDINGS OR NOT PROPERLY CARED FOR,  IS  GUILTY  OF  A  MISDEMEANOR,
   11  PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
   12  NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. IN CASE ANY ANIMAL SHALL
   13  BE AT ANY TIME IMPOUNDED, CONFINED, OR IN ANY OTHER WAY HOUSED AS AFORE-
   14  SAID, AND SHALL CONTINUE TO BE WITHOUT NECESSARY FOOD AND WATER FOR MORE
   15  THAN TWELVE SUCCESSIVE HOURS, IT SHALL BE LAWFUL FOR  ANY  PERSON,  FROM
   16  TIME  TO  TIME, AND AS OFTEN AS IT SHALL BE NECESSARY, TO ENTER INTO AND
   17  UPON ANY FACILITY IN WHICH ANY SUCH ANIMAL SHALL BE SO CONFINED, AND  TO
   18  SUPPLY  IT  WITH NECESSARY FOOD AND WATER, SO LONG AS IT SHALL REMAIN SO
   19  CONFINED; SUCH PERSON SHALL NOT BE LIABLE TO ANY ACTION FOR SUCH  ENTRY,
   20  AND  THE  REASONABLE COST OF SUCH FOOD AND WATER MAY BE COLLECTED BY HIM
   21  OF THE OWNER OF SUCH ANIMAL, AND THE SAID ANIMAL  SHALL  NOT  BE  EXEMPT
   22  FROM  LEVY  AND SALE UPON EXECUTION ISSUED UPON A JUDGMENT THEREFOR. THE
   23  PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ANY FACILITY THAT IS USED TO
   24  HOUSE OR CONTAIN MORE THAN TWELVE ADULT  ANIMALS  OR  NINE  ANIMALS  AND
   25  THREE  OR  MORE  LITTERS OF ANIMALS PER YEAR AND ANIMALS THAT ARE OWNED,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11568-01-1
       S. 5467                             2
    1  OPERATED, OR MAINTAINED BY A NONGOVERNMENTAL ENTITY INCLUDING,  BUT  NOT
    2  LIMITED  TO,  AN  ORGANIZATION  OPERATING  FOR THE PURPOSE OF FINDING OR
    3  PROVIDING PERMANENT ADOPTIVE HOMES FOR ANIMALS, BUT  SHALL  NOT  INCLUDE
    4  WILDLIFE UNDER THE CARE OF WILDLIFE REHABILITATORS OR LABORATORY ANIMALS
    5  HELD  IN  FACILITIES  REGULATED  PURSUANT  TO 9 C.F.R. PARTS 1, 2 AND 3,
    6  FACILITIES ACCREDITED BY THE AMERICAN ZOO AND  AQUARIUM  ASSOCIATION  OR
    7  FARM ANIMALS AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS ARTICLE.
    8    2.  (A)  THE COMMISSIONER IS DIRECTED TO PROMULGATE REGULATIONS ESTAB-
    9  LISHING STANDARDS FOR HUMANE CARE AND  HOUSING  OF  ANIMALS  AND  RECORD
   10  KEEPING,  INCLUDING  ANIMAL  HEALTH  CERTIFICATES FOR ANY ANIMALS TRANS-
   11  PORTED INTO THE STATE.
   12    (B) SUCH REGULATIONS SHALL BE ENFORCED CONCURRENTLY BY THE COMMISSION-
   13  ER AND BY ANY MUNICIPAL CORPORATION IN THE STATE.
   14    S 2. The general municipal law is amended by adding a new section  139
   15  to read as follows:
   16    S  139. PROPER FOOD, DRINK, SHELTER AND CARE TO IMPOUNDED ANIMALS. ANY
   17  MUNICIPAL CORPORATION MAY BY LOCAL LAW OR ORDINANCE ENFORCE  REGULATIONS
   18  PROMULGATED  BY  THE COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT TO
   19  SECTION THREE HUNDRED FIFTY-SIX-A OF THE  AGRICULTURE  AND  MARKETS  LAW
   20  ADDRESSING  PROPER FOOD, DRINK, SHELTER AND CARE TO ANIMALS IMPOUNDED BY
   21  DOG OR ANIMAL CONTROL OFFICER OR ANY PEACE OR POLICE OFFICER.
   22    S 3. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law.