S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1092
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  exempt-
   ing  the  owner of a horse in certain instances from the provisions of
   overdriving, torturing and injuring animals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 353 of the agriculture and markets law, as amended
 by chapter 458 of the laws of 1985, the opening paragraph as amended  by
 chapter 523 of the laws of 2005, is amended to read as follows:
   § 353. Overdriving, torturing and injuring animals; failure to provide
 proper  sustenance.  A  person  who  overdrives,  overloads, tortures or
 cruelly beats or unjustifiably injures, maims, mutilates  or  kills  any
 animal,  whether  wild  or  tame, and whether belonging to himself or to
 another, or deprives any animal of necessary sustenance, food or  drink,
 or  neglects or refuses to furnish it such sustenance or drink, or caus-
 es, procures  or  permits  any  animal  to  be  overdriven,  overloaded,
 tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
 killed,  or  to  be deprived of necessary food or drink, or who wilfully
 sets on foot, instigates, engages in, or in any way furthers any act  of
 cruelty  to  any  animal, or any act tending to produce such cruelty, is
 guilty of a class A misdemeanor and for purposes  of  paragraph  (b)  of
 subdivision  one  of section 160.10 of the criminal procedure law, shall
 be treated as a misdemeanor defined in the penal law.
   Nothing herein contained shall be construed to prohibit  or  interfere
 with  any  properly  conducted scientific tests, experiments or investi-
 gations, involving the use of living animals, performed or conducted  in
 laboratories  or  institutions, which are approved for these purposes by
 the state commissioner of health. The state commissioner of health shall
 prescribe the rules under which such approvals shall be granted, includ-
 ing therein standards regarding the  care  and  treatment  of  any  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04419-01-7

 A. 1092                             2
 
 animals.  Such rules shall be published and copies thereof conspicuously
 posted in each such laboratory or institution. The state commissioner of
 health or his OR HER duly authorized representative shall have the power
 to  inspect such laboratories or institutions to [insure] ENSURE compli-
 ance with such rules and standards. Each such approval may be revoked at
 any time for failure to comply with such  rules  and  in  any  case  the
 approval  shall  be limited to a period not exceeding one year. IT SHALL
 NOT BE DEEMED A VIOLATION OF THIS SECTION SOLELY BECAUSE THE OWNER OF  A
 HORSE  OR  ANY  OTHER  PERSON PLACES SUCH HORSE INTO SERVICE TO PULL ANY
 VEHICLE, CARRIAGE, SLED, SLEIGH OR OTHER DEVICE IN EXCHANGE FOR A FEE.
   § 2. This act shall take effect immediately.