Bill S7548-2009

Relates to the euthanasia of horses

Relates to the euthanasia of horses.

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  • Apr 20, 2010: REFERRED TO AGRICULTURE

Memo

 BILL NUMBER:  S7548

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

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.

Text

STATE OF NEW YORK ________________________________________________________________________ 7548 IN SENATE April 20, 2010 ___________
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.

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