Bill Text: NY S06669 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits cruel treatment of elephants; prohibits the possession of certain devices; prohibits the use of certain devices on elephants; prohibits acts which cause pain, injury or death to an elephant; any violation of this section shall constitute a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-25 - REFERRED TO AGRICULTURE [S06669 Detail]

Download: New_York-2013-S06669-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6669
                                   I N  S E N A T E
                                   February 25, 2014
                                      ___________
       Introduced  by  Sen. HOYLMAN -- 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  prohib-
         iting cruel treatment of elephants
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 380 to read as follows:
    3    S 380. CRUELTY TO ELEPHANTS. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON TO
    4  COMMIT ANY OF THE FOLLOWING ACTS ON OR TO AN ELEPHANT:
    5    (A) USING A BULLHOOK, ANKUS, OR SIMILAR DEVICE;
    6    (B) USING ELECTRICITY OR ANY SHOCKING DEVICE;
    7    (C) USING MARTINGALES, WHIP, OR BLOCK AND TACKLE;
    8    (D)  HITTING, BEATING, PUNCHING, KICKING, OR ENGAGING IN ANY OTHER ACT
    9  WHICH COULD CAUSE PAIN OR INJURY;
   10    (E) INSERTING ANY INSTRUMENT INTO ANY BODILY ORIFICE;
   11    (F) USING CHAINS FOR THE PURPOSE OF RESTRAINING OR TYING  DOWN  EXCEPT
   12  FOR THE LIMITED PURPOSE OF PROTECTING PUBLIC SAFETY;
   13    (G) DEPRIVING OF ADEQUATE FOOD, WATER, OR REST; OR
   14    (H) COMMITTING ANY OTHER PRACTICES WHICH ARE LIKELY TO CAUSE INJURY OR
   15  DEATH TO AN ELEPHANT.
   16    2.  NO PERSON SHALL POSSESS ANY DEVICE WHICH EMITS AN ELECTRIC CURRENT
   17  OR SHOCK OR ANY INSTRUMENT THAT MAY REASONABLY RESULT IN  DAMAGE,  SCAR-
   18  RING  OR  BREAKAGE  TO  THE  SKIN  OF  AN ELEPHANT IN THE PRESENCE OF AN
   19  ELEPHANT. FOR THE PURPOSES OF THIS SUBDIVISION, SUCH IMPLEMENT OR DEVICE
   20  INCLUDES, BUT IS NOT LIMITED TO, A BULLHOOK,  ANKUS,  OR  OTHER  SIMILAR
   21  DEVICE.
   22    3. ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS E FELONY.
   23    4.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO AFFECT ANY OTHER
   24  PROTECTIONS AFFORDED TO ELEPHANTS UNDER  ANY  OTHER  PROVISION  OF  THIS
   25  CHAPTER OR ANY OTHER LAW.
   26    5.  NOTHING  CONTAINED  IN  THIS SECTION SHALL PREVENT ANY TOWN, CITY,
   27  VILLAGE, OR COUNTY IN THE STATE FROM ENACTING A LOCAL LAW  OR  ORDINANCE
   28  GOVERNING  OR  RESTRICTING  THE USE OF ELEPHANTS WITHIN SUCH TOWN, CITY,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06186-03-4
       S. 6669                             2
    1  VILLAGE, OR COUNTY PROVIDED, HOWEVER, THAT  NO  SUCH  LAW  OR  ORDINANCE
    2  SHALL BE LESS STRINGENT THAN THIS SECTION.
    3    6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A VETERINA-
    4  RIAN FROM PERFORMING NECESSARY TREATMENT ON AN ELEPHANT.
    5    S 2. This act shall take effect on the ninetieth day  after  it  shall
    6  have become a law.