What's happening
This bill exempts horse owners from animal cruelty laws when using horses for carriage or similar services for a fee.
Why it matters
Creates a specific exemption for horse owners and operators who use horses for carriage or similar fee-based services. , making them immune from prosecution under animal cruelty laws solely for this activity, regardless of concerns about overwork or conditions.
Potentially limits the legal recourse for addressing cases where horses used in commercial carriage services are subjected to practices that might otherwise be considered cruel or inhumane. , unless additional evidence of mistreatment beyond the act of commercial use is present.
May encourage expansion or continuation of horse-drawn carriage businesses. in areas where there has been public debate or proposed bans due to animal welfare concerns, by providing legal protection to operators.
Could impact public perception and regulatory efforts regarding animal welfare. , as it enshrines into law a carve-out for a specific commercial practice, possibly undermining broader animal protection standards.
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Who cares
Headline styles
Exempt Horse Carriage Owners
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1092
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to exempting 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 Assembly, 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 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 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 investigations, 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, including 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 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. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.