Assembly Bill A10676

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10676
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  failing
   to provide shelter to 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  OR  SHELTER.  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] SUCH PERSON or to another, or deprives any animal of necessary
 sustenance, food or drink, OR SHELTER, or neglects or refuses to furnish
 it  such  sustenance or drink, OR SHELTER or causes, 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  SHELTER,  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
 animals.  Such rules shall be published and copies thereof conspicuously
 posted in each such laboratory or institution. The state commissioner of
 health or [his] SUCH COMMISSIONER'S duly authorized representative shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14941-01-6
 A. 10676                            2
 
 have the power to inspect such laboratories or  institutions  to  insure
 compliance  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.
   § 2. This act shall take effect immediately.