BILL NUMBER:A9912
TITLE OF BILL: 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
PURPOSE: Expands the scope of"Buster's Law" to provide additional
protection to companion animals and broadens the definition of "compan-
ion animal" to include horses.
SUMMARY OF PROVISIONS: Section 1 Amends section 353-a of the Agricul-
ture and Markets Law to provide that no person convicted of a violation
of "Buster's Law" shall own or possess a companion animal, unless or
until authorized by a judge of the county court where such person
resides. Additionally, no court order shall be issued unless the person
convicted of animal cruelty demonstrates that he/she has undergone
psychological or psychiatric evaluation and that the results indicate
that the person is able to properly care for a companion animal.
Section 2 Amends subdivision 4 of section 350 of the Agriculture and
Markets Law to remove horses from the definition of "Farm Animal"
Section 3 Adds a new section 350 to the Agriculture and Markets Law to
define an "Equine Companion" as any horse so used for recreational
pursuits, including but not limited to: racing, jumping, showing, reha-
bilitative purposes or otherwise treated in an open and known fashion as
S T A T E O F N E W Y O R K
________________________________________________________________________
9912
I N A S S E M B L Y
February 11, 2010
___________
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:
Section 1. Section 353-a of the agriculture and markets law is amended
by adding a new subdivision 4 to read as follows:
4. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON WHO
IS CONVICTED OF A VIOLATION OF THIS SECTION SHALL OWN OR POSSESS A
COMPANION ANIMAL UNLESS AND UNTIL AUTHORIZED BY A COURT ORDER ISSUED BY
A COUNTY COURT JUDGE OF HIS OR HER COUNTY OF RESIDENCE. NO SUCH ORDER
SHALL BE ISSUED UNTIL SUCH CONVICTED PERSON FIRST DEMONSTRATES TO THE
COURT THAT HE OR SHE HAS UNDERGONE PSYCHIATRIC OR PSYCHOLOGICAL TESTING,
THE RESULTS OF WHICH INDICATE BY CLEAR AND CONVINCING EVIDENCE OF HIS OR
HER CAPABLE AND SOUND MENTAL CAPACITY AND ABILITY TO OWN AND PROPERLY
CARE FOR SUCH AN ANIMAL IN A HUMANE MANNER.
S 2. Subdivision 4 of section 350 of the agriculture and markets law,
as added by chapter 569 of the laws of 1995, is amended to read as
follows:
4. "Farm animal", as used in this article, means any ungulate, poul-
try, species of cattle, sheep, swine, goats, llamas[, horses] or fur-
bearing animals, as defined in section 11-1907 of the environmental
conservation law, which are raised for commercial or subsistence
purposes. Fur-bearing animal shall not include dogs or cats.
S 3. Section 350 of the agriculture and markets law is amended by
adding a new subdivision 6 to read as follows:
6. "EQUINE COMPANION", AS USED IN THIS ARTICLE, MEANS ANY HORSE SO
USED FOR RECREATIONAL PURSUITS, INCLUDING BUT NOT LIMITED TO: RACING,
JUMPING, SHOWING, REHABILITATIVE PURPOSES OR OTHERWISE TREATED IN AN
OPEN AND KNOWN FASHION AS A "COMPANION ANIMAL" OR "PET" AS DEFINED IN
SUBDIVISION FIVE OF THIS SECTION.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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