S2389-2013 Actions

• Jan 17, 2013: REFERRED TO AGRICULTURE

S2389-2013 Memo

BILL NUMBER:S2389

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the euthanasia
of horses

PURPOSE:
It is our intention to introduce a bill that will regulate the method
by which governmental agencies euthanize their horses. It will
prevent agencies from engaging in cruel or unjustifiable euthanasia,
obligating them to make a good faith attempt to provide their horses
with a new home. It will also require that all procedures for
euthanasia be performed under the supervision of an appropriate
specialist.

SUMMARY OF PROVISIONS:
The bill will regulate the actions of departments, agencies, and
authorities of state, county, city, town, and village government
that, except when attempting to ease the pain or suffering of a horse
in physical distress, or for the safety of the public, may not
independently euthanize their horses unless they have made a
reasonable attempt to sell the horse or donate it to a registered
not-for-profit that will take responsibility for continued feeding
and maintenance.

Except for instances in which the department or agency is seeking to
ease the pain or suffering of a horse in physical distress, or for
the safety of the public, it may only euthanize the horse using the
services of a certified euthanasia technician, a licensed
veterinarian, or a licensed veterinary technician.

EXISTING LAW:
Section 374 of the agriculture and markets law.

PRIOR LEGISLATIVE HISTORY:
S.7548   2009-10
04/20/10 REFERRED TO AGRICULTURE

JUSTIFICATION:
Our decision to euthanize a horse should have a medical basis: we must
avoid making it an economic determination. Euthanasia is mercy
killing, and it is far from merciful to end the life of a service
horse without reaching out to the numerous not-for-profit
organizations that might gladly accept that horse. Only after a
reasonable effort has been made to donate the horse should it be
euthanized, and this must be performed through the services of a
certified euthanasia technician, a licensed veterinarian, or a
licensed veterinary technician.  This bill does not infringe upon
the efforts of law enforcement to euthanize a horse by other means
if it is in the interest of public safety or if the horse cannot
be euthanized by one of the above professionals.

FISCAL IMPLICATIONS:
None.


LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after becoming
a law.

S2389-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2389
 2013-2014 Regular Sessions
 I N  SENATE
 January 17, 2013
 
 Introduced  by  Sen.  ADAMS  -- 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,  in  relation  to  the
 euthanasia of horses
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 374 of the agriculture and markets law  is  amended
 by adding a new subdivision 4-a to read as follows:

 4-A.  A.  EXCEPT  AS  PROVIDED  IN PARAGRAPH B OF THIS SUBDIVISION, NO
 STATE AGENCY, DEPARTMENT OR ANY POLITICAL SUBDIVISION THEREOF WHICH OWNS
 A HORSE SHALL INDEPENDENTLY EUTHANIZE SUCH HORSE UNLESS SUCH STATE AGEN
 CY, DEPARTMENT OR POLITICAL SUBDIVISION THEREOF HAS FIRST MADE A REASON
 ABLE ATTEMPT TO DONATE SUCH  HORSE  TO  A  NOT-FOR-PROFIT  ORGANIZATION,
 WHERE  SUCH  NOT-FOR-PROFIT ORGANIZATION AGREES TO PROVIDE FOR THE FEED
 ING, CARE AND MAINTENANCE  OF  SUCH  HORSE.  UPON  SATISFACTION  OF  THE
 PROVISIONS OF THIS PARAGRAPH, SUCH STATE AGENCY, DEPARTMENT OR POLITICAL
 SUBDIVISION  THEREOF WHICH OWNS A HORSE MAY INDEPENDENTLY EUTHANIZE SUCH
 HORSE, PROVIDED THAT SUCH HORSE IS EUTHANIZED BY A CERTIFIED  EUTHANASIA
 TECHNICIAN,  A  LICENSED VETERINARIAN OR A LICENSED VETERINARIAN TECHNI
 CIAN IN A MANNER CONSISTENT WITH THE PROVISIONS OF SUBDIVISION THREE  OF
 THIS SECTION.
 B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
 A STATE AGENCY, DEPARTMENT OR POLITICAL SUBDIVISION THEREOF WHICH OWNS A
 HORSE MAY EUTHANIZE SUCH HORSE BY GUNSHOT AS AN EMERGENCY MEASURE FOR AN
 ANIMAL THAT IS POSING AN IMMINENT THREAT OF SERIOUS PHYSICAL INJURY TO A
 PERSON OR TO ANOTHER ANIMAL AND WHERE THE USE OF THE METHOD OF  EUTHANA
 SIA  SET FORTH IN SUBDIVISION THREE OF THIS SECTION IS RENDERED IMPOSSI
 BLE OR WHERE A SEVERELY INJURED HORSE IS SUFFERING AND CANNOT  OTHERWISE
 BE AIDED.
 

S  2.  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
 [ ] is old law to be omitted.
 LBD06043-01-3

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