S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3439--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sens. KRUEGER, ADAMS, ADDABBO, HASSELL-THOMPSON, STAVISKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Agriculture -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section 1. The agriculture and markets law is amended by adding a  new
section 357-a to read as follows:
  S  357-A.  NONAMBULATORY  ANIMALS. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION,  PARTNERSHIP,  ASSOCI-
ATION, MUNICIPALITY, OR OTHER LEGAL ENTITY;
  (B)  "NONAMBULATORY  ANIMAL" MEANS ANY DOMESTIC SHEEP, CATTLE OR SWINE
THAT IS RAISED FOR COMMERCIAL OR SUBSISTENCE PURPOSES AND THAT IS UNABLE
TO STAND AND WALK WITHOUT ASSISTANCE;
  (C) "HUMANELY EUTHANIZE" MEANS TO KILL AN ANIMAL BY A SINGLE BLOW OF A
PENETRATING CAPTIVE BOLT OR GUN SHOT, OR BY CHEMICAL  MEANS,  RESTRICTED
TO  THE USE OF PENTOBARBITAL SOLUTION IN AN OVERDOSE CONCENTRATION, THAT
IMMEDIATELY RENDERS THE ANIMAL UNCONSCIOUS, WITH  COMPLETE  UNCONSCIOUS-
NESS REMAINING UNTIL DEATH;
  (D)  "UNDUE  DELAY"  MEANS  ANY  DELAY BEYOND THAT WHICH IS REASONABLY
NECESSARY TO CARRY  OUT  PROMPT,  HUMANE  EUTHANASIA  OR  TO  ADMINISTER
PROMPT,  APPROPRIATE AND NECESSARY VETERINARY TREATMENT, OR TO CARRY OUT
PROMPT, HUMANE HANDLING AND TRANSPORT OF THE NONAMBULATORY ANIMAL PURSU-
ANT TO THIS SUBDIVISION AND SUBDIVISION THREE OF THIS SECTION;
  (E) "HUMANE HANDLING" MEANS THAT A NONAMBULATORY ANIMAL SHALL ONLY  BE
MOVED  WITH A SLING, STONEBOAT, OR ON OTHER SLED-LIKE OR WHEELED CONVEY-
ANCES. IN NO EVENT SHALL A NONAMBULATORY ANIMAL BE DRAGGED, PUSHED  WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00879-02-3

              

S. 3439--A                          2

A  TRACTOR,  FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH FULL BODY
SUPPORT, OR OTHERWISE MOVED INHUMANELY.
  (F)  "VETERINARY  TREATMENT"  MEANS THAT A LICENSED VETERINARIAN SHALL
DETERMINE WHETHER A NONAMBULATORY ANIMAL REQUIRES MEDICAL  ATTENTION  OR
REHABILITATION, OR HUMANE EUTHANASIA.
  2.  NO  PERSON SHALL TRANSPORT OR HOLD, EXCEPT AS PROVIDED IN SUBDIVI-
SION THREE OF THIS SECTION, BUY, SELL, GIVE, RECEIVE, OR MARKET A NONAM-
BULATORY ANIMAL.
  3. (A) A NONAMBULATORY ANIMAL MAY BE TRANSPORTED, PROVIDED SUCH TRANS-
PORT IS IN COMPLIANCE WITH PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  WHERE  THE  ANIMAL  BECOMES NONAMBULATORY ON THE PROPERTY OF A
FARMER WHO HAS BRED OR RAISED THE ANIMAL, WITHOUT UNDUE DELAY  FROM  THE
TIME  THE ANIMAL BECOMES NONAMBULATORY, TO ANOTHER LOCATION ON THAT SAME
PROPERTY, SOLELY FOR THE PURPOSE OF ADMINISTERING TO THE  ANIMAL  APPRO-
PRIATE AND NECESSARY VETERINARY TREATMENT.
  (B) A NONAMBULATORY ANIMAL MAY BE HELD ON THE PROPERTY OF A FARMER WHO
HAS  BRED  OR  RAISED  THE  ANIMAL  FOR  A BRIEF PERIOD OF TIME WHICH IS
REASONABLY NECESSARY TO OBTAIN VETERINARY TREATMENT OF THE NONAMBULATORY
ANIMAL PURSUANT TO THIS SUBDIVISION. SUCH VETERINARY TREATMENT SHALL  BE
ADMINISTERED WITHOUT UNDUE DELAY FROM THE TIME THE ANIMAL BECOMES NONAM-
BULATORY.
  4.  UNDER NO CIRCUMSTANCES SHALL A NONAMBULATORY ANIMAL BE TRANSPORTED
OR HELD FOR ANY PURPOSE OTHER THAN THAT PERMITTED IN THIS SECTION.
  5.  ANY PERSON WHO VIOLATES ANY PROVISION OF  THIS  SECTION  SHALL  BE
GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT OF NOT MORE THAN ONE
YEAR,  OR  BY A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS,
OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH DAY ON WHICH A VIOLATION  OF
THIS  SECTION OCCURS AND EACH INSTANCE OF A PROHIBITED ACTION UNDER THIS
SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
  6. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  TO  CARRY
OUT THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.