senate Bill S3291

2013-2014 Legislative Session

Relates to the confinement of animals in private facilities

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to agriculture
Jan 31, 2013 referred to agriculture

S3291 - Bill Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §356-a, Ag & Mkts L; add §139, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S5467

S3291 - Bill Texts

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Relates to the failure to provide proper care to large numbers of animals in private facilities.

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BILL NUMBER:S3291

TITLE OF BILL: An act to amend the agriculture and markets law and
the general municipal law, in relation to confinement of animals in
private facilities

SUMMARY OF PROVISIONS:

Section 1 sets forth the conditions a caretaker must provide when
taking care of a large number of animals. If the caretaker does not
meet the appropriate conditions they will be considered guilty of a
misdemeanor, punishable by imprisonment for not more than one year or
by a fine of not more than one thousand dollars, or by both.

An animal that continues to be impounded, confined, or in any other
way housed as aforesaid and continues to go without food and water for
more than twelve successive hours it shall be lawful for any person,
from time to time, and as often as necessary to enter upon the
facility where the animals are housed and supply them with food and
water. Such person shall not be liable to any action for such entry.
Such person may collect the reasonable cost of such food and water
from the owner.

These provisions shall apply to any facility that is used to house or
contain more than twelve adult animals or nine animals and three or
more litters of animals that are owned, operated, or maintained by a
nongovernmental entity. This clause shall not include wildlife under
the care of wildlife rehabilitators or laboratory animals held in
facilities or in facilities accredited by the American zoo and
aquarium association or farm animals.

Section 2 amends the general municipal law by adding a new section
that any municipal corporation may enforce regulations set forth by
the commissioner of agriculture and markets addressing proper food,
drink, shelter and care to animals impounded by dog or animal control
officer or any peace or police officer.

JUSTIFICATION: Recently, several cases have been reported where
persons have taken in a large quantity of animals and have failed to
supply the adequate care and necessities of life. As a result of this
neglect and abuse, many animals have suffered unnecessary pain,
deplorable living conditions and in the worse scenario, even death.
This bill would set forth the guidelines in relation to the
confinement of a large number of animals in private facilities.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  3291

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general  munici-
  pal law, in relation to confinement of animals in private facilities

  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 356-a to read as follows:
  S  356-A.  FAILURE TO PROVIDE PROPER CARE TO LARGE NUMBERS OF ANIMALS.
1. A PERSON WHO, HAVING IMPOUNDED, CONFINED OR IN ANY OTHER  WAY  HOUSED
ANY  ANIMAL,  REFUSES  OR  NEGLECTS  TO SUPPLY TO SUCH ANIMAL DURING ITS
CONFINEMENT A SUFFICIENT SUPPLY OF GOOD AND WHOLESOME AIR, FOOD,  WATER,
SHELTER,  INCLUDING  PROPER  HEAT  AND COOLING AS APPROPRIATE, LIGHTING,
HYGIENE, RECORD KEEPING, VETERINARY AND RELATED CARE, OR  ALLOWS  IT  TO
REMAIN   IN   A  CROWDED  CONDITION  OR  IN  UNHEALTHFUL  OR  UNSANITARY
SURROUNDINGS OR NOT PROPERLY CARED FOR,  IS  GUILTY  OF  A  MISDEMEANOR,
PUNISHABLE  BY  IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. IN CASE ANY ANIMAL SHALL
BE AT ANY TIME IMPOUNDED, CONFINED, OR IN ANY OTHER WAY HOUSED AS AFORE-
SAID, AND SHALL CONTINUE TO BE WITHOUT NECESSARY FOOD AND WATER FOR MORE
THAN TWELVE SUCCESSIVE HOURS, IT SHALL BE LAWFUL FOR  ANY  PERSON,  FROM
TIME  TO  TIME, AND AS OFTEN AS IT SHALL BE NECESSARY, TO ENTER INTO AND
UPON ANY FACILITY IN WHICH ANY SUCH ANIMAL SHALL BE SO CONFINED, AND  TO
SUPPLY  IT  WITH NECESSARY FOOD AND WATER, SO LONG AS IT SHALL REMAIN SO
CONFINED; SUCH PERSON SHALL NOT BE LIABLE TO ANY ACTION FOR SUCH  ENTRY,
AND  THE  REASONABLE COST OF SUCH FOOD AND WATER MAY BE COLLECTED BY HIM
OF THE OWNER OF SUCH ANIMAL, AND THE SAID ANIMAL  SHALL  NOT  BE  EXEMPT
FROM  LEVY  AND SALE UPON EXECUTION ISSUED UPON A JUDGMENT THEREFOR. THE
PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ANY FACILITY THAT IS USED TO
HOUSE OR CONTAIN MORE THAN TWELVE ADULT  ANIMALS  OR  NINE  ANIMALS  AND
THREE  OR  MORE  LITTERS OF ANIMALS PER YEAR AND ANIMALS THAT ARE OWNED,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08537-01-3

S. 3291                             2

OPERATED, OR MAINTAINED BY A NONGOVERNMENTAL ENTITY INCLUDING,  BUT  NOT
LIMITED  TO,  AN  ORGANIZATION  OPERATING  FOR THE PURPOSE OF FINDING OR
PROVIDING PERMANENT ADOPTIVE HOMES FOR ANIMALS, BUT  SHALL  NOT  INCLUDE
WILDLIFE UNDER THE CARE OF WILDLIFE REHABILITATORS OR LABORATORY ANIMALS
HELD  IN  FACILITIES  REGULATED  PURSUANT  TO 9 C.F.R. PARTS 1, 2 AND 3,
FACILITIES ACCREDITED BY THE AMERICAN ZOO AND  AQUARIUM  ASSOCIATION  OR
FARM ANIMALS AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS ARTICLE.
  2.  (A)  THE COMMISSIONER IS DIRECTED TO PROMULGATE REGULATIONS ESTAB-
LISHING STANDARDS FOR HUMANE CARE AND  HOUSING  OF  ANIMALS  AND  RECORD
KEEPING,  INCLUDING  ANIMAL  HEALTH  CERTIFICATES FOR ANY ANIMALS TRANS-
PORTED INTO THE STATE.
  (B) SUCH REGULATIONS SHALL BE ENFORCED CONCURRENTLY BY THE COMMISSION-
ER AND BY ANY MUNICIPAL CORPORATION IN THE STATE.
  S 2. The general municipal law is amended by adding a new section  139
to read as follows:
  S  139. PROPER FOOD, DRINK, SHELTER AND CARE TO IMPOUNDED ANIMALS. ANY
MUNICIPAL CORPORATION MAY BY LOCAL LAW OR ORDINANCE ENFORCE  REGULATIONS
PROMULGATED  BY  THE COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT TO
SECTION THREE HUNDRED FIFTY-SIX-A OF THE  AGRICULTURE  AND  MARKETS  LAW
ADDRESSING  PROPER FOOD, DRINK, SHELTER AND CARE TO ANIMALS IMPOUNDED BY
DOG OR ANIMAL CONTROL OFFICER OR ANY PEACE OR POLICE OFFICER.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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