Requires the owner of any place or establishment where animals or fowls are slaughtered or butchered for food to reimburse costs associated with capture and return or rescue and rehabilitation of escaped animals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1301
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to requir-
ing the owner of any place or establishment where animals or fowls are
slaughtered or butchered for food to reimburse costs associated with
capture and return or rescue and rehabilitation of escaped animals
 
PURPOSE:
This bill establishes a civil penalty to reimburse costs expended by
municipalities and private rescue groups and individuals associated with
the capture and return and rehabilitation for escaped animals and fowl
that have broken free and fled from confinement or control by any place
or establishments where animals or fowls are slaughtered or butchered
for food and roams off the premises of such facility.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 96-e-l.
Section two sets forth the effective date.
 
JUSTIFICATION:
Animal control officers, municipal shelters, and private animal rescues
and sanctuaries are often called upon to capture and provide care for
animals that have escaped from live animal markets. For example, after
escaping from a slaughterhouse located in Queens, NY, a cow later ran
several blocks through the streets of New York City, surprising motor-
ists and passers-by. Though she avoided capture at first, the five
hundred pound cow was finally caught after a wild chase with NYPD cars,
local authorities and a tranquilizer gun. Similar events have repeated-
ly occurred in New York City. As a result of widespread media attention
following such incidents, animal control departments have been over-
whelmed by calls urging the release of the escaped animal to a sanctuary
where she could live out the remainder of her life. Escaped animals pose
a threat to public safety, place a demand on limited law enforcement
resources and animal control officers, and cause private groups and
individuals engaged in animal rescue to incur significant costs related
to the capture, rehabilitation, including medical expenses. This legis-
lation would require the owners of livestock and fowl slaughter facili-
ties to bear the financial responsibility for expenses incurred escaped
animals, rather than municipalities or private groups or individuals. In
lieu of a penalty, the owner of any place or establishment may relin-
quish ownership of an escaped animal.
 
LEGISLATIVE HISTORY:
2019-20: A.659 - Referred to Agriculture
2017-18: A.4942 - Referred to Agriculture
2015-16: A.10593 - Referred to Agriculture
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1301
2021-2022 Regular Sessions
IN ASSEMBLY
January 8, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to requir-
ing the owner of any place or establishment where animals or fowls are
slaughtered or butchered for food to reimburse costs associated with
capture and return or rescue and rehabilitation of escaped 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 96-e-1 to read as follows:
3 § 96-e-1. Penalties for escaped animals and fowl. 1. For purposes of
4 this section: (a) "Escaped animal" shall mean any animal or fowl that
5 has broken free and fled from confinement or control by any place or
6 establishment where animals or fowls are slaughtered or butchered for
7 food and roams off the premises of such facility; and
8 (b) "Individual engaged in animal rescue" shall mean any private
9 person who brings under control any escaped animal.
10 2. In instances where any animal or fowl has escaped from any place or
11 establishment where animals or fowls are slaughtered or butchered for
12 food, as defined by this article and such animal is recovered by any law
13 enforcement officer, peace officer, authorized animal control officer,
14 or individual engaged in animal rescue and delivered by such persons to
15 a municipal animal control or rescue facility, the owner of any such
16 place or establishment shall be liable for the reimbursement of any
17 costs incurred by the municipality and animal control or local health
18 department associated with the capture and return of escaped animals.
19 For each incident involving an escaped animal, a civil penalty of one
20 thousand dollars shall be assessed which shall be donated to the munici-
21 pal or county shelter of the city or county where such animal escaped.
22 In lieu of civil penalty, the owner of any place or establishment may
23 relinquish ownership of an escaped animal.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00684-01-1