Bill Text: NY S04835 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-02 - RECOMMIT, ENACTING CLAUSE STRICKEN [S04835 Detail]
Download: New_York-2011-S04835-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4835 2011-2012 Regular Sessions I N S E N A T E April 27, 2011 ___________ Introduced by Sen. AVELLA -- 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 requir- ing the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Oreo's Law". 3 S 2. Section 374 of the agriculture and markets law is amended by 4 adding a new subdivision 9 to read as follows: 5 9. A. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE 6 CONTRARY, NO ANIMAL IN THE CARE OR CUSTODY OF A DULY INCORPORATED SOCIE- 7 TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE 8 SOCIETY, OR A POUND OR SHELTER MAINTAINED BY OR UNDER CONTRACT OR AGREE- 9 MENT WITH THE STATE OR ANY COUNTY, CITY, TOWN OR VILLAGE, OR AUTHORIZED 10 AGENTS THEREOF, SHALL BE DESTROYED IF, PRIOR TO THE KILLING OF THAT 11 ANIMAL FOR ANY REASON OTHER THAN IRREMEDIABLE PHYSICAL SUFFERING OF THE 12 ANIMAL UPON A CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN 13 LICENSED TO PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOV- 14 ERY IS POOR OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETER- 15 INARY CARE, A NONPROFIT, AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL 16 REVENUE CODE ANIMAL RESCUE OR ADOPTION ORGANIZATION REQUESTS POSSESSION 17 OF THE ANIMAL. IN ADDITION TO ANY REQUIRED SPAY OR NEUTER DEPOSIT, THE 18 FACILITY HAVING POSSESSION OF THE ANIMAL, AT ITS DISCRETION, MAY ASSESS 19 A FEE, NOT TO EXCEED THE STANDARD ADOPTION FEE, FOR ANIMALS RELEASED TO 20 SUCH ORGANIZATIONS. 21 B. (1) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION INTERESTED IN TAKING 22 POSSESSION OF ONE OR MORE ANIMALS PURSUANT TO THE PROVISIONS OF THIS 23 SUBDIVISION SHALL NOTIFY THE SOCIETY FOR THE PREVENTION OF CRUELTY TO 24 ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE, OF ITS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00397-02-1 S. 4835 2 1 DESIRE TO DO SO AND SHALL PROVIDE THE SOCIETY FOR THE PREVENTION OF 2 CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER WITH CONTACT 3 INFORMATION FOR THE ANIMAL RESCUE OR ADOPTION ORGANIZATION. AN ANIMAL 4 RESCUE OR ADOPTION ORGANIZATION MAY, AT ITS OPTION, FILE ONE NOTICE WITH 5 A SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, 6 POUND OR SHELTER REQUESTING THAT IT BE NOTIFIED OF ALL ANIMALS HELD BY 7 THAT FACILITY AND SCHEDULED FOR EUTHANASIA. 8 (2) AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED EUTHANASIA OF AN 9 ANIMAL, THE FACILITY HAVING POSSESSION OF THE ANIMAL SHALL PROVIDE 10 NOTICE TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OF THE SCHEDULED 11 EUTHANASIA BY: 12 (A) POSTING OF THE IDENTIFICATION NUMBER OF SUCH ANIMAL ON THE WEBSITE 13 OF THE FACILITY HAVING POSSESSION OF THE ANIMAL BY DIRECT LINK FROM THE 14 FACILITY'S WEBSITE HOME PAGE; AND 15 (B) BY CONTACTING THE ANIMAL RESCUE OR ADOPTION ORGANIZATION DIRECTLY 16 BY ONE OR MORE OF THE FOLLOWING MEANS: 17 (I) E-MAIL TO THE E-MAIL ADDRESS ON FILE; 18 (II) PHONE TO THE PHONE NUMBER ON FILE; 19 (III) TEXT MESSAGE TO THE PHONE NUMBER ON FILE; 20 (IV) FAX TO THE FAX NUMBER ON FILE; OR 21 (V) ANY OTHER MEANS OF ELECTRONIC WRITTEN COMMUNICATION AS PROVIDED BY 22 THE ANIMAL RESCUE OR ADOPTION ORGANIZATION. 23 (3) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION INTENDING TO TAKE 24 POSSESSION OF AN ANIMAL SCHEDULED FOR EUTHANASIA SHALL NOTIFY THE FACIL- 25 ITY HAVING POSSESSION OF THE ANIMAL OF THE ANIMAL RESCUE OR ADOPTION 26 ORGANIZATION'S INTENT TO TAKE POSSESSION OF THE ANIMAL, AT ANY TIME 27 PRIOR TO THE ANIMAL'S EUTHANASIA, BY PHONE, E-MAIL, FAX, TEXT MESSAGE, 28 OR OTHER ELECTRONIC WRITTEN REQUEST. 29 (4) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION TAKING POSSESSION OF AN 30 ANIMAL PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL DO SO WITHIN 31 TWO BUSINESS DAYS OF THE TIME THE ORGANIZATION NOTIFIES THE SOCIETY FOR 32 THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, OR A POUND OR 33 SHELTER POSSESSING THE ANIMAL, AS APPLICABLE, THAT IT IS SEEKING CUSTODY 34 OF THE ANIMAL, NOT INCLUDING THE DAY UPON WHICH THE NOTICE IS GIVEN. 35 C. UPON TAKING POSSESSION OF AN ANIMAL, AN ANIMAL RESCUE OR ADOPTION 36 ORGANIZATION SHALL ASSUME ALL LIABILITY FOR THE ANIMAL; PROVIDED THAT 37 THE ORGANIZATION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO OR 38 BY THE ANIMAL THAT: 39 (1) OCCURRED PRIOR TO THE TIME THE ORGANIZATION ASSUMED POSSESSION OF 40 THE ANIMAL; OR 41 (2) IS DUE TO THE ACTS OR OMISSIONS OF A PERSON NOT ASSOCIATED WITH 42 THE ORGANIZATION; 43 D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO: 44 (1) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES, AS 45 DETERMINED BY A LICENSED VETERINARIAN; 46 (2) SYMPTOMATIC DOGS WITH CONFIRMED CASES OF PARVOVIRUS UPON A CERTIF- 47 ICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO PRAC- 48 TICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR OR 49 GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE; 50 (3) SYMPTOMATIC CATS WITH CONFIRMED CASES OF PANLEUKOPENIA UPON A 51 CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO 52 PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR 53 OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE; 54 (4) AN ANIMAL THAT HAS BEEN DETERMINED BY A COURT HAVING COMPETENT 55 JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE 56 HUNDRED TWENTY-THREE OF THIS CHAPTER; OR S. 4835 3 1 (5) A DOG WITH A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN 2 SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE SOCIETY 3 FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR 4 SHELTER, AS APPLICABLE, PRIOR TO THE CURRENT IMPOUND OF THE ANIMAL. 5 DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR 6 BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL RECORDS DOCU- 7 MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY. 8 THE DOCUMENTATION SHALL BE KEPT ON FILE WITH THE DOCUMENTING ENTITY FOR 9 THREE YEARS. 10 E. (1) ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION HAVING AN OFFICER, 11 BOARD MEMBER, STAFF MEMBER OR VOLUNTEER WHO HAS BEEN CONVICTED OF A 12 STATUTE HAVING AS ITS PRIMARY EFFECT THE PREVENTION OR PUNISHMENT OF 13 ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING SHALL BE PROHIBITED 14 FROM BEING AN ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION 15 UNTIL SUCH TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER 16 IS NO LONGER AN OFFICER OR BOARD MEMBER OF THE ORGANIZATION. 17 (2) ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION HAVING AN OFFICER, 18 BOARD MEMBER, STAFF MEMBER OR VOLUNTEER AGAINST WHOM CHARGES OF VIOLAT- 19 ING THE PROVISIONS OF A STATUTE HAVING AS ITS PRIMARY EFFECT THE 20 PREVENTION OR PUNISHMENT OF ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG 21 FIGHTING ARE PENDING IN A COURT OF LAW SHALL BE PROHIBITED FROM BEING AN 22 ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION UNTIL SUCH 23 TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER IS NO 24 LONGER AN OFFICER OR BOARD MEMBER OF THE ORGANIZATION OR SUCH CHARGES 25 ARE DISMISSED OR DROPPED. 26 (3)(A) IF THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE 27 HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE, HAS LEGALLY SUFFICIENT 28 PROBABLE CAUSE TO BELIEVE THAT THE PLACEMENT OF AN ANIMAL WITH A PARTIC- 29 ULAR ANIMAL RESCUE OR ADOPTION ORGANIZATION WILL EXPOSE THE ANIMAL TO A 30 SITUATION INVOLVING CRIMINAL NEGLECT OR CRUELTY TO ANIMALS, IT MAY 31 CONDITION THE RELEASE OF THE ANIMAL TO SUCH ANIMAL RESCUE OR ADOPTION 32 ORGANIZATION UPON THE CONDUCT OF AN INSPECTION OF THE ANIMAL RESCUE OR 33 ADOPTION ORGANIZATION'S PRIMARY FACILITY. SUCH INSPECTION MAY BE 34 PERFORMED BY THE ENTITY POSSESSING THE ANIMAL OR BY A THIRD PARTY AT THE 35 DIRECTION OR REQUEST OF THE POSSESSING ENTITY. 36 (B) THE NEED FOR AND PROBABLE CAUSE FOR REQUESTING SUCH INSPECTION MAY 37 NOT BE DETERMINED SOLELY ON THE BASIS OF ANONYMOUS COMPLAINTS. UPON 38 REQUEST, THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE 39 HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE SHALL DIVULGE TO THE 40 ANIMAL RESCUE OR ADOPTION ORGANIZATION ANY AND ALL INFORMATION PERTAIN- 41 ING TO ITS DETERMINATION OF PROBABLE CAUSE FOR AN INSPECTION. 42 (C) THE ANIMAL RESCUE OR ADOPTION ORGANIZATION MAY AGREE TO OR REFUSE 43 THE INSPECTION. IF THE ORGANIZATION AGREES TO AN INSPECTION, SUCH 44 INSPECTION SHALL BE CONDUCTED WITHIN FORTY-EIGHT HOURS OF THE TIME THE 45 ORGANIZATION AGREES TO THE INSPECTION. IF THE INSPECTION IS NOT 46 CONDUCTED WITHIN THE FORTY-EIGHT HOUR PERIOD, THE RIGHT TO AN INSPECTION 47 SHALL BE DEEMED TO HAVE BEEN WAIVED. IF THE ORGANIZATION REFUSED THE 48 INSPECTION, THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE 49 HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE, MAY DECLINE TO PLACE 50 THE ANIMAL WITH THE REFUSING ORGANIZATION. 51 (D) THE INSPECTED ANIMAL RESCUE OR ADOPTION ORGANIZATION SHALL BE 52 NOTIFIED OF THE RESULTS OF THE INSPECTION AND WHETHER THE ANIMAL WILL BE 53 RELEASED TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION WITHIN 54 TWENTY-FOUR HOURS OF THE COMPLETION OF THE INSPECTION. S. 4835 4 1 (E) A FILING OF CRIMINAL NEGLECT OR CRUELTY CHARGES FOLLOWING 2 INSPECTION AS PROVIDED IN THIS SUBPARAGRAPH WILL CONSTITUTE A FAILED 3 INSPECTION. 4 (F) NO ANIMAL SHALL BE DESTROYED UNTIL AT LEAST TWENTY-FOUR HOURS 5 AFTER THE FILING OF CRIMINAL CHARGES AGAINST THE ANIMAL RESCUE OR 6 ADOPTION ORGANIZATION AND PROVIDED NO OTHER ORGANIZATION HAS REQUESTED 7 THE ANIMAL. 8 (G) AN ANIMAL WHOSE PLACEMENT IS THE SUBJECT OF AN INSPECTION AS 9 PROVIDED IN THIS SUBPARAGRAPH MAY BE RELEASED PRIOR TO OR DURING THE 10 CONDUCT OF AN INSPECTION TO ANOTHER ANIMAL RESCUE OR ADOPTION ORGANIZA- 11 TION THAT REQUESTS THE ANIMAL. 12 F. AS USED IN THIS SUBDIVISION, "IRREMEDIABLE PHYSICAL SUFFERING" 13 MEANS THAT THE ANIMAL SUFFERS FROM A MEDICAL CONDITION THAT HAS A POOR 14 OR GRAVE PROGNOSIS AND THAT THE ANIMAL IS UNLIKELY TO BE ABLE TO LIVE 15 WITHOUT PROLONGED, SEVERE AND UNREMITTING PAIN DESPITE NECESSARY VETERI- 16 NARY CARE. 17 S 3. This act shall take effect immediately.