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A01092 Summary:

BILL NOA01092
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd 353, Ag & Mkts L
 
Relates to overdriving, torturing and injuring animals; exempts owners of a horse or any other person placing such horse into service to pull any vehicle, carriage, sled or sleigh or any other device in exchange for a fee.
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A01092 Actions:

BILL NOA01092
 
01/10/2017referred to agriculture
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A01092 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1092
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to exempting the owner of a horse in certain instances from the provisions of overdriving, torturing and injuring animals   PURPOSE: Exempts owners of horses which pulls any vehicle, carriage, sled or sleigh in a city with a population of one million or more from the provisions of torturing an animal   JUSTIFICATION: Horses have been a traditional source of transportation in metropolitan cities of New York State for over 150 years. They have made an estimated 6 million trips in traffic over the last 30 years. Till this day, very few horses have been harmed to raise any major concern regarding animal rights infringement. In contrast to New York State traffic accidents, the work horse industry has an outstanding safety record and should be able to continue to oper- ate.   FISCAL IMPLICATION: None to the state.   LEGISLATIVE HISTORY: 2015/2016 A1588 referred to agriculture.   EFFECTIVE DATE: This act shall take effect immediately.
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A01092 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1092
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to  exempt-
          ing  the  owner of a horse in certain instances from the provisions of
          overdriving, torturing and injuring animals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 353 of the agriculture and markets law, as amended
     2  by chapter 458 of the laws of 1985, the opening paragraph as amended  by
     3  chapter 523 of the laws of 2005, is amended to read as follows:
     4    § 353. Overdriving, torturing and injuring animals; failure to provide
     5  proper  sustenance.  A  person  who  overdrives,  overloads, tortures or
     6  cruelly beats or unjustifiably injures, maims, mutilates  or  kills  any
     7  animal,  whether  wild  or  tame, and whether belonging to himself or to
     8  another, or deprives any animal of necessary sustenance, food or  drink,
     9  or  neglects or refuses to furnish it such sustenance or drink, or caus-
    10  es, procures  or  permits  any  animal  to  be  overdriven,  overloaded,
    11  tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
    12  killed,  or  to  be deprived of necessary food or drink, or who wilfully
    13  sets on foot, instigates, engages in, or in any way furthers any act  of
    14  cruelty  to  any  animal, or any act tending to produce such cruelty, is
    15  guilty of a class A misdemeanor and for purposes  of  paragraph  (b)  of
    16  subdivision  one  of section 160.10 of the criminal procedure law, shall
    17  be treated as a misdemeanor defined in the penal law.
    18    Nothing herein contained shall be construed to prohibit  or  interfere
    19  with  any  properly  conducted scientific tests, experiments or investi-
    20  gations, involving the use of living animals, performed or conducted  in
    21  laboratories  or  institutions, which are approved for these purposes by
    22  the state commissioner of health. The state commissioner of health shall
    23  prescribe the rules under which such approvals shall be granted, includ-
    24  ing therein standards regarding the  care  and  treatment  of  any  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04419-01-7

        A. 1092                             2
 
     1  animals.  Such rules shall be published and copies thereof conspicuously
     2  posted in each such laboratory or institution. The state commissioner of
     3  health or his or her duly authorized representative shall have the power
     4  to  inspect such laboratories or institutions to [insure] ensure compli-
     5  ance with such rules and standards. Each such approval may be revoked at
     6  any time for failure to comply with such  rules  and  in  any  case  the
     7  approval  shall  be limited to a period not exceeding one year. It shall
     8  not be deemed a violation of this section solely because the owner of  a
     9  horse  or  any  other  person places such horse into service to pull any
    10  vehicle, carriage, sled, sleigh or other device in exchange for a fee.
    11    § 2. This act shall take effect immediately.
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