Bill Text: NY A11178 | 2009-2010 | General Assembly | Amended


Bill Title: Relates to the disposition of abandoned animals; authorizes certified euthanasia technicians to perform certain veterinary medicine practices without a license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-08-30 - signed chap.449 [A11178 Detail]

Download: New_York-2009-A11178-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       11178--A
                                 I N  A S S E M B L Y
                                     May 24, 2010
                                      ___________
       Introduced by M. of A. PAULIN -- read once and referred to the Committee
         on   Agriculture   --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the agriculture and markets  law,  in  relation  to  the
         disposition  of  abandoned animals; and to amend the education law, in
         relation to authorizing certified euthanasia  technicians  to  perform
         certain veterinary medicine practices without a license
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 332 of the agriculture and markets law, as  amended
    2  by chapter 479 of the laws of 2009, is amended to read as follows:
    3    S 332. Disposition.  Any person having in his OR HER care, custody, or
    4  control any abandoned animal, as defined in section three hundred  thir-
    5  ty-one of this article, may deliver such animal to any duly incorporated
    6  society  for  the  prevention of cruelty to animals OR ANY DULY INCORPO-
    7  RATED HUMANE SOCIETY having facilities for the care and eventual  dispo-
    8  sition  of  such  animals, or, in the case of dogs, cats and other small
    9  animals, to any pound maintained by or under contract or agreement  with
   10  any  county,  city,  town, or village within which such animal was aban-
   11  doned. The person with whom the animal was abandoned shall, however,  on
   12  the  day  of  divesting himself OR HERSELF of possession thereof, notify
   13  the person who had placed such animal in his OR HER custody of the  name
   14  and  address of the animal society or pound to which the animal has been
   15  delivered, such notice to be by registered letter  mailed  to  the  last
   16  known  address of the person intended to be so notified. If an animal is
   17  not claimed by its owner within five days after being  so  delivered  to
   18  such duly incorporated society for the prevention of cruelty to animals,
   19  DULY  INCORPORATED  HUMANE SOCIETY or pound, such animal may at any time
   20  thereafter be placed for adoption in a suitable home  or  euthanized  in
   21  accordance  with the provisions of section three hundred seventy-four of
   22  this chapter. In no event, however, shall the  use  of  a  decompression
   23  chamber  or  decompression device of any kind be used for the purpose of
   24  destroying or disposing of such animal.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16795-05-0
       A. 11178--A                         2
    1    S 2. Subdivisions 1 and 2  of  section  374  of  the  agriculture  and
    2  markets  law, as amended by chapter 479 of the laws of 2009, are amended
    3  to read as follows:
    4    1.  Any  agent  or  officer of ANY DULY INCORPORATED HUMANE SOCIETY, a
    5  duly incorporated society for the prevention of cruelty to animals,  any
    6  dog  control  officer,  or  any police officer, may lawfully cause to be
    7  humanely destroyed (by means provided for in paragraph a of  subdivision
    8  three of this section) any animal found abandoned and not properly cared
    9  for, or any lost, strayed, homeless or unwanted animal, if upon examina-
   10  tion  a  licensed  veterinarian  shall  certify  in  writing,  or if two
   11  reputable citizens called upon by such agent, officer or police  officer
   12  to  view  the  same  in  his  or her presence find that the animal is so
   13  maimed, diseased, disabled, or infirm so as to be unfit for  any  useful
   14  purpose  and  that  humane euthanasia is warranted; or after such agent,
   15  officer or police officer has obtained in writing from the owner of such
   16  animal his or her consent to such destruction.
   17    2. In the absence of such findings or certification, A  DULY  INCORPO-
   18  RATED  HUMANE SOCIETY, a duly incorporated society for the prevention of
   19  cruelty to animals, or any pound maintained  by  or  under  contract  or
   20  agreement  with  any  county,  city, town or village may after five days
   21  make available for adoption or have  humanely  destroyed  in  accordance
   22  with  the  provisions  of  this section and subject to subdivisions six,
   23  eight and nine of section one hundred  eighteen  of  this  chapter,  any
   24  animal  of  which  possession  is taken as provided for in the preceding
   25  section, unless the same is earlier redeemed by its owner.
   26    S 3. Section 6705 of the education law is  amended  by  adding  a  new
   27  subdivision 13 to read as follows:
   28    13.  ANY  PERSON  CERTIFIED  AND  CURRENTLY  REGISTERED AS A CERTIFIED
   29  EUTHANASIA TECHNICIAN PURSUANT TO SUBDIVISION  THREE  OF  SECTION  THREE
   30  HUNDRED  SEVENTY-FOUR  OF  THE AGRICULTURE AND MARKETS LAW OR ANY PERSON
   31  UNDERGOING TRAINING  FOR  SUCH  CERTIFICATION  WHERE  SUCH  TRAINING  IS
   32  CONDUCTED  IN ACCORDANCE WITH THE REQUIREMENTS OF SUCH SECTION, PROVIDED
   33  THAT SUCH PRACTICE IS LIMITED TO SUCH CERTIFICATION OR TRAINING.
   34    S 4. This act shall take effect on the  same  date  and  in  the  same
   35  manner as section 5 of chapter 479 of the laws of 2009, takes effect.
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