NY State Senate Bill 2015-S2783

Senate Bill S2783

2015-2016 Legislative Session

Prohibits any person from transporting or selling a nonambulatory animal unless such animal is humanely euthanized

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to agriculture
Jan 29, 2015	referred to agriculture

co-Sponsors

2015-S2783 (ACTIVE) - Details

See Assembly Version of this Bill:: A2222
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §357-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S751, A5512
2011-2012: S427, A4615
2013-2014: S3439, A5490
2017-2018: S4169, A6613
2019-2020: S2724, A5711
2021-2022: S939
2023-2024: S590

2015-S2783 (ACTIVE) - Summary

Prohibits any person from transporting, holding, buying, selling, giving, receiving or marketing a nonambulatory animal unless such animal is first humanely euthanized without undue delay from the time that such animal becomes nonambulatory; makes certain exceptions; provides violation provisions; and defines relevant terms.

2015-S2783 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2783

TITLE OF BILL:

An  act  to  amend  the  agriculture  and  markets law, in relation to
nonambulatory animals

PURPOSE OF BILL:

This bill provides for the humane treatment of nonambulatory  domestic
animals with respect to transport, veterinary care, and euthanasia.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1  of  this  bill  amends  the Agriculture and Markets Law by
adding a new § 357-a to provide that no individual  shall  buy,  sell,
give,  transfer  or  transport  a  nonambulatory  animal unless proper
veterinary treatment has been administered.

A nonambulatory animal is defined  as  any  domestic  animal  that  is
raised  for  commercial  or subsistence purposes and that is unable to
stand and walk without assistance.

The section also defines terms including 'humanely  euthanized'  which
has  been  amended  in  the  A print to clarify that chemical means is
restricted to  the  use  of  pentobarbital  solution  in  an  overdose

concentration  that  immediately  renders the animal unconscious until
death.

However, a nonambulatory animal may be temporarily  held  or  humanely
transported, where the animal becomes nonambulatory on the property of
a  farmer  who  has  bred  or  raised  the animal, for the purposes of
administering veterinary treatment. A  nonambulatory  animal  must  be
handled  humanely  and  at no time shall the animal be dragged, pushed
with a tractor, forklift or other equipment.

Any individual who violates the provisions 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  $2500,  or  by  both.  The
commissioner  shall  promulgate rules and regulations to carry out the
provisions of this section.

Section 2 is the effective date.

JUSTIFICATION:

This proposal would amend the Agriculture and Markets law  to  provide
that  a nonambulatory 'downed" animal be givers appropriate veterinary
care or be humanely euthanized. All too often downed animals are  left
to  suffer  until  it is convenient to take them to slaughter. In many
cases, the animals die of neglect or are  moved  by  the  easiest  but
least  humane ways. Often they are dragged or pushed with tractors and
forklifts which may cause additional injuries ranging from bruises and
abrasions to torn ligaments and broken bones. This  legislation  would
ensure   the   humane  treatment  of  animals  while  they  are  being
transported to a slaughterhouse or auction. Animals that are unable to


walk due to illness or injury endure extreme pain and suffering, which
becomes even more acute when they are inhumanely transported.

In  addition  to  the  important humane facets of this proposal, it is
important to note that this  legislation  prevents  the  nonambulatory
animal from entering the nations food supply.

LEGISLATIVE HISTORY:

2009-2010: S.751/A.5512
2011-2012: S.427/A.4615
2013-2014: S3439A/A.5490A

EFFECTIVE DATE:

This act shall take effect on the 120th day after it shall have become
a law.

2015-S2783 (ACTIVE) - Bill Text download pdf

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

                                  2783

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by Sens. KRUEGER, ADDABBO, HASSELL-THOMPSON, HOYLMAN, STAVI-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted to the Committee on Agriculture

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
A  TRACTOR,  FORKLIFT, OR OTHER EQUIPMENT, LIFTED, UNLESS WITH FULL BODY
SUPPORT, OR OTHERWISE MOVED INHUMANELY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05449-01-5

S. 2783                             2

  (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.

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Senate Bill S2783

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Joseph P. Addabbo Jr.

Ruth Hassell-Thompson

Brad Hoylman-Sigal

Toby Ann Stavisky

2015-S2783 (ACTIVE) - Details

2015-S2783 (ACTIVE) - Summary

2015-S2783 (ACTIVE) - Sponsor Memo

2015-S2783 (ACTIVE) - Bill Text download pdf

Comments