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.