Limits ownership or possession of companion animals by "Buster's Law" violators and adds definition of equine companion while taking horses out of farm animal definition.
STATE OF NEW YORK
________________________________________________________________________
1566
2011-2012 Regular Sessions
IN ASSEMBLY
January 10, 2011
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Introduced by M. of A. TEDISCO -- read once and referred to the Commit-
tee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to limiting
the ownership or possession of companion animals by persons convicted
of violating "Buster's Law"; and in relation to horses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 353-a of the agriculture and markets law is amended
2 by adding a new subdivision 4 to read as follows:
3 4. On and after the effective date of this subdivision, no person who
4 is convicted of a violation of this section shall own or possess a
5 companion animal unless and until authorized by a court order issued by
6 a county court judge of his or her county of residence. No such order
7 shall be issued until such convicted person first demonstrates to the
8 court that he or she has undergone psychiatric or psychological testing,
9 the results of which indicate by clear and convincing evidence of his or
10 her capable and sound mental capacity and ability to own and properly
11 care for such an animal in a humane manner.
12 § 2. Subdivision 4 of section 350 of the agriculture and markets law,
13 as added by chapter 569 of the laws of 1995, is amended to read as
14 follows:
15 4. "Farm animal", as used in this article, means any ungulate, poul-
16 try, species of cattle, sheep, swine, goats, llamas[, horses] or fur-
17 bearing animals, as defined in section 11-1907 of the environmental
18 conservation law, which are raised for commercial or subsistence
19 purposes. Fur-bearing animal shall not include dogs or cats.
20 § 3. Section 350 of the agriculture and markets law is amended by
21 adding a new subdivision 6 to read as follows:
22 6. "Equine companion", as used in this article, means any horse so
23 used for recreational pursuits, including but not limited to: racing,
24 jumping, showing, rehabilitative purposes or otherwise treated in an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01946-01-1
A. 1566 2
1 open and known fashion as a "companion animal" or "pet" as defined in
2 subdivision five of this section.
3 § 4. This act shall take effect on the thirtieth day after it shall
4 have become a law.
