Bill Text: NY S05363 | 2011-2012 | General Assembly | Amended
Bill Title: Establishes standards for the care of abandoned, stray or seized animals and requires the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO AGRICULTURE [S05363 Detail]
Download: New_York-2011-S05363-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5363--B
2011-2012 Regular Sessions
I N S E N A T E
May 12, 2011
___________
Introduced by Sens. ROBACH, AVELLA, BALL, LANZA, O'MARA -- read twice
and ordered printed, and when printed to be committed to the Committee
on Agriculture -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 estab-
lishing standards for the care of abandoned, stray or seized animals
and to require 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 the "companion animal access and rescue act".
3 S 2. Subdivisions 3, 4, 6, 7-a and 8 of section 117 of the agriculture
4 and markets law, subdivisions 3 and 6 as added by chapter 220 of the
5 laws of 1978, subdivision 4 as amended by section 12 of part T of chap-
6 ter 59 of the laws of 2010, subdivision 7-a as amended by chapter 419 of
7 the laws of 2010 and subdivision 8 as amended by chapter 221 of the laws
8 of 1978 and such section as renumbered by section 12 of part T of chap-
9 ter 59 of the laws of 2010, are amended to read as follows:
10 3. Each dog seized in accordance with the provisions of this article
11 shall be properly sheltered, fed [and], watered [for the redemption
12 period as hereinafter provided] AND CARED FOR IN ACCORDANCE WITH THE
13 PROVISIONS OF SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS CHAPTER.
14 4. (A) Each dog which is not identified, whether or not licensed,
15 shall be held for a MINIMUM period of five days from the day seized
16 during which period the dog may be redeemed by its owner, provided that
17 such owner produces proof that the dog has been licensed and has been
18 identified pursuant to the provisions of this article and further
19 provided that the owner pays the following impoundment fees:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10491-10-1
S. 5363--B 2
1 [(a)] (1) not less than ten dollars for the first impoundment of any
2 dog owned by that person;
3 [(b)] (2) not less than twenty dollars for the first twenty-four hours
4 or part thereof and three dollars for each additional twenty-four hours
5 or part thereof for the second impoundment, within one year of the first
6 impoundment, of any dog owned by that person; or
7 [(c)] (3) not less than thirty dollars for the first twenty-four hours
8 or part thereof and three dollars for each additional twenty-four hours
9 or part thereof for the third and subsequent impoundments, within one
10 year of the first impoundment, of any dog owned by that person.
11 (B) IN THE EVENT THE OWNER OF AN ANIMAL IS SUBSEQUENTLY IDENTIFIED,
12 THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION SHALL APPLY WITH
13 REGARD TO THE ANIMAL; PROVIDED THAT THE ANIMAL MAY BE PLACED WITH AN
14 ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
15 PREVENTION OF CRUELTY TO ANIMALS PRIOR TO THE EXPIRATION OF THE FIVE DAY
16 HOLDING PERIOD, SUBJECT TO REDEMPTION BY THE OWNER AS DESCRIBED IN
17 SUBDIVISION SIX OF THIS SECTION.
18 (C) The impoundment fees set forth in [paragraphs (a), (b) and (c)]
19 SUBPARAGRAPHS ONE, TWO AND THREE OF PARAGRAPH (A) of this subdivision
20 notwithstanding, any municipality may set by local law or ordinance such
21 fees in any amount.
22 6. Promptly upon seizure of any identified dog, the owner of record of
23 such dog shall be notified personally or by certified mail, return
24 receipt requested, of the facts of seizure and the procedure for redemp-
25 tion. If notification is personally given, such dog shall be held for a
26 MINIMUM period of [seven] NINE days after day of notice, during which
27 period the dog may be redeemed by the owner. If such notification is
28 made by mail, such dog shall be held for a period of [nine] TWELVE days
29 from the date of mailing, during which period the dog may be redeemed by
30 the owner. In either case, the owner may redeem such dog upon payment of
31 the impoundment fees prescribed by subdivision four of this section and
32 by producing proof that the dog has been licensed.
33 7-a. Any animal in the custody of a [pound] SOCIETY FOR THE PREVENTION
34 OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHELTER shall be made
35 available for adoption or euthanized subject to subdivisions six, eight
36 and nine of this section and subject to the provisions of section three
37 hundred seventy-four of this chapter after the time for redemption has
38 expired[; provided, however, that such release may be made to another
39 such pound, duly incorporated society for the prevention of cruelty to
40 animals, duly incorporated humane society or duly incorporated animal
41 protective association for the sole purpose of placing such animal in an
42 adoptive home, when such action is reasonably believed to improve the
43 opportunity for adoption].
44 8. The redemption periods set forth above in this section notwith-
45 standing, any municipality may establish the duration of such periods by
46 local law or ordinance, provided that no such period shall be less than
47 [three] FIVE days, except that where notice to the owner is given by
48 mail, no such period shall be less than [seven] TWELVE days.
49 S 3. The agriculture and markets law is amended by adding a new
50 section 373-a to read as follows:
51 S 373-A. CARE OF IMPOUNDED ANIMALS. 1. ANY OFFICER OR IMPOUNDING
52 ORGANIZATION TAKING POSSESSION OF ANY ANIMAL IN ACCORDANCE WITH THE
53 PROVISIONS OF THIS CHAPTER, REGARDLESS OF WHETHER THE ANIMAL'S OWNER IS
54 IDENTIFIED OR NOT IDENTIFIED, SHALL PROVIDE THE ANIMAL DURING THE
55 ENTIRETY OF THE ANIMAL'S CUSTODY OR CONSTRUCTIVE CUSTODY WITH:
56 A. FRESH FOOD AND FRESH WATER ON AT LEAST A DAILY BASIS;
S. 5363--B 3
1 B. ENVIRONMENTAL ENRICHMENT SUCH AS SOCIALIZATION, TOYS AND TREATS TO
2 PROMOTE THE ANIMAL'S PSYCHOLOGICAL WELL-BEING;
3 C. REGULAR DAILY EXERCISE SUITABLE TO THE ANIMAL'S PHYSICAL AND
4 PSYCHOLOGICAL CONDITION;
5 D. CLEAN LIVING ENVIRONMENTS, INCLUDING BUT NOT LIMITED TO THE CAGE,
6 KENNEL AND/OR SPACE WHERE THE ANIMAL IS HOUSED. SUCH AREAS SHALL PROMPT-
7 LY RECEIVE NECESSARY CLEANING TO ENSURE ENVIRONMENTS THAT ARE WELCOMING
8 TO THE PUBLIC AND HYGIENIC FOR BOTH THE PUBLIC AND ANIMALS, AND TO
9 PREVENT DISEASE. ALL ANIMALS SHALL BE TEMPORARILY REMOVED FROM THEIR
10 CAGES, KENNELS, OR OTHER LIVING ENVIRONMENTS DURING THE PROCESS OF
11 CLEANING TO PREVENT THEM FROM BEING EXPOSED TO WATER FROM HOSES OR
12 SPRAYS, CLEANING SOLUTIONS, DETERGENTS, SOLVENTS, AND/OR CHEMICALS; AND
13 E. PROMPT AND NECESSARY VETERINARY CARE, INCLUDING BUT NOT LIMITED TO
14 PREVENTATIVE VACCINATIONS, PARASITE CONTROL, CAGE REST, FLUID THERAPY,
15 PAIN MANAGEMENT, AND/OR ANTIBIOTICS, SUFFICIENT TO ALLEVIATE ANY PAIN OR
16 SUFFERING CAUSED BY DISEASE OR INJURY, TO PREVENT A CONDITION FROM WORS-
17 ENING, AND TO ALLOW THE ANIMAL TO LEAVE THE SHELTER IN REASONABLE CONDI-
18 TION, EVEN IF THE ANIMAL IS NOT A CANDIDATE FOR REDEMPTION, TRANSFER, OR
19 ADOPTION.
20 2. UPON TAKING POSSESSION OF ANY ANIMAL, ANY OFFICER OR IMPOUNDING
21 ORGANIZATION TAKING POSSESSION OF ANY ANIMAL IMPOUNDED IN ACCORDANCE
22 WITH THE PROVISIONS OF THIS CHAPTER SHALL:
23 A. ENSURE THAT THE ANIMAL IS CHECKED FOR ALL CURRENTLY ACCEPTABLE
24 METHODS OF IDENTIFICATION, INCLUDING MICROCHIPS, IDENTIFICATION TAGS,
25 COLLARS, TATTOOS, AND LICENSES;
26 B. MAINTAIN LISTS, UPDATED NOT LESS THAN ONCE DAILY, OF ANIMALS
27 REPORTED LOST IN THE GEOGRAPHIC AREA SERVED BY THE FACILITY HAVING
28 CUSTODY OF THE ANIMAL, AND COMPARE THE LOST REPORTS WITH ANIMALS
29 REPORTED FOUND AND ANIMALS IN THE SHELTER; AND
30 C. POST A DESCRIPTION OF EACH STRAY ANIMAL ON THE INTERNET ON A
31 WEBSITE MAINTAINED FOR THAT PURPOSE. THE DESCRIPTION SHALL BE SUFFI-
32 CIENTLY DETAILED TO ALLOW THE ANIMAL TO BE RECOGNIZED AND CLAIMED BY ITS
33 OWNER, AND SHALL INCLUDE BUT NOT BE LIMITED TO DESCRIPTIONS OF IDENTIFI-
34 CATION FOUND ON THE ANIMAL, THE BREED, APPROXIMATE SIZE AND WEIGHT,
35 COLORING AND IDENTIFYING MARKS, THE DATE AND HOUR OF SEIZURE, THE OFFI-
36 CIAL IDENTIFICATION NUMBER OF SUCH ANIMAL, IF ANY, THE LOCATION WHERE
37 FOUND, THE REASON FOR IMPOUND, AND THE OWNER'S NAME AND ADDRESS, IF
38 KNOWN.
39 3. IF IDENTIFICATION IS FOUND ON AN ANIMAL, THE OFFICER OR IMPOUNDING
40 ORGANIZATION SHALL, UPON TAKING POSSESSION OF THE ANIMAL, UNDERTAKE
41 REASONABLE EFFORTS TO NOTIFY THE OWNER OR CARETAKER OF THE LOCATION OF
42 THE ANIMAL AND THE PROCEDURES AVAILABLE FOR THE LAWFUL RECOVERY OF THE
43 ANIMAL. THESE EFFORTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, NOTIFYING
44 THE POSSIBLE OWNER BY TELEPHONE, MAIL, OR PERSONAL SERVICE TO THE LAST
45 KNOWN ADDRESS. THE OFFICER OR IMPOUNDING ORGANIZATION SHALL, FOLLOWING
46 THE INITIATION OF EFFORTS TO NOTIFY THE OWNER OR CARETAKER, RETAIN
47 CUSTODY OF THE ANIMAL FOR A MINIMUM PERIOD OF NINE DAYS TO ALLOW FOR
48 REDEMPTION.
49 4. A. NO ANIMAL IN THE POSSESSION OF AN OFFICER OR IMPOUNDING ORGAN-
50 IZATION SHALL BE DESTROYED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF
51 THIS SECTION AND SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
52 BEFORE AN ANIMAL IS DESTROYED, ALL OF THE FOLLOWING CONDITIONS MUST BE
53 MET:
54 (1) THERE ARE NO EMPTY CAGES, KENNELS, OR OTHER LIVING ENVIRONMENTS AT
55 THE IMPOUNDING ORGANIZATION'S FACILITIES OR AT ANY ASSOCIATED FACILI-
56 TIES; AND
S. 5363--B 4
1 (2) THE ANIMAL CANNOT SHARE A CAGE OR KENNEL WITH ANOTHER ANIMAL
2 BECAUSE THE ANIMAL IS AGGRESSIVE TO OTHER ANIMALS, HAS A CONTAGIOUS
3 ILLNESS THE OTHER ANIMAL DOES NOT HAVE, OR IS INJURED AND SHARING THE
4 CAGE WITH ANOTHER ANIMAL WILL AGGRAVATE THE INJURY; AND
5 (3) A FOSTER HOME IS NOT AVAILABLE; AND
6 (4) ANIMAL RESCUE OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED
7 FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVE BEEN NOTIFIED OF THE SCHE-
8 DULED EUTHANASIA PURSUANT TO THE PROVISIONS OF SUBDIVISION NINE OF
9 SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE AND THERE ARE NO
10 ANIMAL RESCUE OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED FOR THE
11 PREVENTION OF CRUELTY TO ANIMALS WILLING TO ACCEPT THE ANIMAL; AND
12 (5) ALL MANDATES, PROGRAMS AND SERVICES OF THIS CHAPTER HAVE BEEN MET;
13 AND
14 (6) THE DIRECTOR OF THE IMPOUNDING ORGANIZATION HAVING CUSTODY OF THE
15 ANIMAL CERTIFIES HE OR SHE HAS NO OTHER ALTERNATIVE.
16 B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
17 (1) AN ANIMAL WHO IS EXPERIENCING IRREMEDIABLE PHYSICAL SUFFERING WITH
18 A PROGNOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE
19 PROMPT AND NECESSARY VETERINARY CARE, AS CERTIFIED IN WRITING BY A
20 VETERINARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
21 (2) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES AS
22 CERTIFIED IN WRITING BY A VETERINARIAN LICENSED TO PRACTICE MEDICINE IN
23 THIS STATE; OR
24 (3) A SYMPTOMATIC DOG WITH A CONFIRMED CASE OF PARVOVIRUS WITH A PROG-
25 NOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE PROMPT
26 AND NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETERINARIAN
27 LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
28 (4) A SYMPTOMATIC CAT WITH A CONFIRMED CASE OF PANLEUKOPENIA WITH A
29 PROGNOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE
30 PROMPT AND NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETER-
31 INARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
32 (5) AN ANIMAL THAT HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
33 JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
34 HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
35 (6) A DOG WITH A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN
36 SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE OFFICER
37 OR IMPOUNDING ORGANIZATION PRIOR TO THE CURRENT IMPOUND OF THE ANIMAL.
38 DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
39 BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL REPORTS DOCU-
40 MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY.
41 C. THE DETERMINATION THAT ALL CONDITIONS OF PARAGRAPH A OF THIS SUBDI-
42 VISION HAVE BEEN MET OR THAT ONE OR MORE OF THE EXCEPTIONS UNDER PARA-
43 GRAPH B OF THIS SUBDIVISION APPLY SHALL BE MADE IN WRITING, SIGNED BY
44 THE DIRECTOR OF THE AGENCY, AND BE MADE AVAILABLE FOR FREE PUBLIC
45 INSPECTION FOR NO LESS THAN THREE YEARS.
46 5. EACH OFFICER OR IMPOUNDING ORGANIZATION SHALL POST, IN A CONSPICU-
47 OUS PLACE AT THE LOCATION WHERE ANIMALS ARE BEING RELINQUISHED, A SIGN
48 WHICH IS CLEARLY VISIBLE AND READABLE FROM ANY VANTAGE POINT IN THE
49 AREA, CONTAINING THE FOLLOWING INFORMATION, IDENTIFIED BY SPECIES-TYPE,
50 AND SHALL POST SUCH INFORMATION ON THE INTERNET IN A WEBSITE MAINTAINED
51 FOR THAT PURPOSE, AND SHALL PROVIDE SUCH INFORMATION IN WRITING, AT NO
52 COST, TO ANY PERSON REQUESTING THE INFORMATION:
53 A. THE NUMBER OF ANIMALS IMPOUNDED AT THE FACILITY DURING THE PRIOR
54 CALENDAR YEAR; AND
55 B. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
56 WERE ADOPTED; AND
S. 5363--B 5
1 C. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
2 WERE TRANSFERRED TO OTHER AGENCIES FOR ADOPTION; AND
3 D. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
4 WERE RECLAIMED BY THEIR OWNERS; AND
5 E. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
6 DIED, WERE LOST, AND/OR WERE STOLEN; AND
7 F. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
8 WERE DESTROYED.
9 6. AS USED IN THIS SECTION:
10 A. "IMPOUNDING ORGANIZATION" SHALL HAVE THE MEANING DEFINED IN SUBDI-
11 VISION SIX OF SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE;
12 B. "OFFICER" MEANS A DOG CONTROL OFFICER OR PEACE OFFICER, ACTING
13 PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY
14 OR UNDER CONTRACT TO A MUNICIPALITY;
15 C. "SEVERE INJURY" MEANS ANY PHYSICAL INJURY THAT RESULTS IN BROKEN
16 BONES, PERMANENTLY DISFIGURING LACERATIONS REQUIRING MULTIPLE SUTURES OR
17 COSMETIC SURGERY; AND
18 D. "UNPROVOKED BITE" MEANS A BITE THAT IS NOT PROVOKED. A BITE IS
19 PROVOKED IF, AMONG OTHER THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
20 TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF SELF, A PERSON, ANOTHER
21 ANIMAL, OR PROPERTY, OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
22 THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE DOG BITES ACCI-
23 DENTALLY, AS WHEN PLAYING.
24 S 4. Subdivision 2 of section 374 of the agriculture and markets law,
25 as amended by chapter 449 of the laws of 2010, is amended to read as
26 follows:
27 2. In the absence of such findings or certification, a duly incorpo-
28 rated humane society, a duly incorporated society for the prevention of
29 cruelty to animals, or any pound maintained by or under contract or
30 agreement with any county, city, town or village may after five days
31 make available for adoption or have humanely destroyed in accordance
32 with the provisions of this section and subject to SUBDIVISION FOUR OF
33 SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS ARTICLE AND TO SUBDIVISION
34 NINE OF THIS SECTION AND TO subdivisions six, eight and nine of section
35 one hundred [eighteen] SEVENTEEN of this chapter, any animal of which
36 possession is taken as provided for in the preceding section, unless the
37 same is earlier redeemed by its owner.
38 S 5. Section 374 of the agriculture and markets law is amended by
39 adding a new subdivision 9 to read as follows:
40 9. A. NO ANIMAL IN THE CARE OR CUSTODY OF A DULY INCORPORATED SOCIETY
41 FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE
42 SOCIETY, OR A POUND OR SHELTER, WHETHER SUCH ENTITY BE PUBLIC OR
43 PRIVATE, SHALL BE DESTROYED IF, PRIOR TO THE KILLING OF THAT ANIMAL FOR
44 ANY REASON OTHER THAN IRREMEDIABLE PHYSICAL SUFFERING OF THE ANIMAL UPON
45 A CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
46 PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR
47 OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE, A
48 NONPROFIT, AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE
49 ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
50 PREVENTION OF CRUELTY TO ANIMALS REQUESTS POSSESSION OF THE ANIMAL.
51 ONLY FOR PURPOSES OF ESTABLISHING THE INITIAL RELATIONSHIP BETWEEN THE
52 SHELTER AND THE ANIMAL ADOPTION OR RESCUE ORGANIZATION OR ORGANIZATION
53 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE SHELTER MAY REQUEST
54 THAT THE ANIMAL ADOPTION OR RESCUE ORGANIZATION OR ORGANIZATION FORMED
55 FOR THE PREVENTION OF CRUELTY TO ANIMALS PROVIDE ONE TIME PROOF THAT IT
56 HAS BEEN IN EXISTENCE FOR AT LEAST ONE YEAR, AND THE ORGANIZATION HAS A
S. 5363--B 6
1 RELATIONSHIP WITH A LICENSED VETERINARIAN. PROOF OF THE ONE YEAR RESCUE
2 THRESHOLD SHALL BE CONCLUSIVELY ESTABLISHED BY A COPY OF THE ORGANIZA-
3 TION'S ARTICLES OF INCORPORATION SHOWING AN INCORPORATION DATE OF AT
4 LEAST ONE YEAR PAST, OR A LETTER FROM A LICENSED VETERINARIAN STATING
5 THAT THE VETERINARIAN HAS BEEN TREATING ANIMALS RESCUED BY THE ORGANIZA-
6 TION FOR AT LEAST ONE YEAR, OR THROUGH OTHER OBJECTIVE CRITERIA SUCH AS
7 A DATED ADVERTISEMENT CONCERNING THE RESCUE EFFORTS OF THE ORGANIZATION.
8 PROOF OF A RELATIONSHIP WITH A LICENSED VETERINARIAN SHALL BE CONCLU-
9 SIVELY ESTABLISHED BY A LETTER FROM A LICENSED VETERINARIAN CONFIRMING
10 THE RELATIONSHIP. IN ADDITION TO ANY REQUIRED SPAY OR NEUTER DEPOSIT,
11 THE FACILITY HAVING POSSESSION OF THE ANIMAL, AT ITS DISCRETION, MAY
12 ASSESS A FEE, NOT TO EXCEED THE STANDARD ADOPTION FEE, FOR ANIMALS
13 RELEASED TO SUCH ORGANIZATIONS.
14 B. (1) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION
15 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS INTERESTED IN TAKING
16 POSSESSION OF ONE OR MORE ANIMALS PURSUANT TO THE PROVISIONS OF THIS
17 SUBDIVISION SHALL NOTIFY THE SOCIETY FOR THE PREVENTION OF CRUELTY TO
18 ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE, OF ITS
19 DESIRE TO DO SO AND SHALL PROVIDE THE SOCIETY FOR THE PREVENTION OF
20 CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER WITH CONTACT
21 INFORMATION FOR THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
22 TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS. AN ANIMAL RESCUE
23 OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF
24 CRUELTY TO ANIMALS MAY, AT ITS OPTION, FILE ONE NOTICE WITH A SOCIETY
25 FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHEL-
26 TER REQUESTING THAT IT BE NOTIFIED OF ALL ANIMALS HELD BY THAT FACILITY
27 AND SCHEDULED FOR EUTHANASIA.
28 (2) AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED EUTHANASIA OF AN
29 ANIMAL, THE FACILITY HAVING POSSESSION OF THE ANIMAL SHALL PROVIDE
30 NOTICE TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION
31 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS OF THE SCHEDULED EUTHA-
32 NASIA BY:
33 (A) POSTING OF THE IDENTIFICATION NUMBER OF SUCH ANIMAL ON THE WEBSITE
34 OF THE FACILITY HAVING POSSESSION OF THE ANIMAL BY DIRECT LINK FROM THE
35 FACILITY'S WEBSITE HOME PAGE IF THEY CURRENTLY HAVE ONE; OR
36 (B) BY CONTACTING THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGAN-
37 IZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS DIRECTLY BY ONE
38 OR MORE OF THE FOLLOWING MEANS:
39 (I) E-MAIL TO THE E-MAIL ADDRESS ON FILE;
40 (II) PHONE TO THE PHONE NUMBER ON FILE;
41 (III) TEXT MESSAGE TO THE PHONE NUMBER ON FILE;
42 (IV) FAX TO THE FAX NUMBER ON FILE; OR
43 (V) ANY OTHER MEANS OF ELECTRONIC WRITTEN COMMUNICATION AS PROVIDED BY
44 THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR
45 THE PREVENTION OF CRUELTY TO ANIMALS.
46 (3) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
47 FOR THE PREVENTION OF CRUELTY TO ANIMALS INTENDING TO TAKE POSSESSION OF
48 AN ANIMAL SCHEDULED FOR EUTHANASIA SHALL NOTIFY THE FACILITY HAVING
49 POSSESSION OF THE ANIMAL OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
50 OR ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS' INTENT
51 TO TAKE POSSESSION OF THE ANIMAL, AT ANY TIME PRIOR TO THE ANIMAL'S
52 EUTHANASIA, BY PHONE, E-MAIL, FAX, TEXT MESSAGE, OR OTHER ELECTRONIC
53 WRITTEN REQUEST.
54 (4) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
55 FOR THE PREVENTION OF CRUELTY TO ANIMALS TAKING POSSESSION OF AN ANIMAL
56 PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL DO SO WITHIN TWO
S. 5363--B 7
1 BUSINESS DAYS OF THE TIME THE ORGANIZATION NOTIFIES THE SOCIETY FOR THE
2 PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, OR A POUND OR SHELTER
3 POSSESSING THE ANIMAL, AS APPLICABLE, THAT IT IS SEEKING CUSTODY OF THE
4 ANIMAL, NOT INCLUDING THE DAY UPON WHICH THE NOTICE IS GIVEN.
5 C. UPON TAKING POSSESSION OF AN ANIMAL, AN ANIMAL RESCUE OR ADOPTION
6 ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO
7 ANIMALS SHALL ASSUME ALL LIABILITY FOR THE ANIMAL WHILE THE ANIMAL IS IN
8 THE CUSTODY AND CONTROL OF THE ORGANIZATION; PROVIDED THAT THE ORGANIZA-
9 TION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO OR BY THE ANIMAL
10 THAT:
11 (1) OCCURRED PRIOR TO THE TIME THE ORGANIZATION ASSUMED POSSESSION OF
12 THE ANIMAL; OR
13 (2) IS DUE TO THE ACTS OR OMISSIONS OF A PERSON NOT ASSOCIATED WITH
14 THE ORGANIZATION.
15 D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
16 (1) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES, AS
17 DETERMINED BY A LICENSED VETERINARIAN;
18 (2) SYMPTOMATIC DOGS WITH CONFIRMED CASES OF PARVOVIRUS UPON A CERTIF-
19 ICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO PRAC-
20 TICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR OR
21 GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
22 (3) SYMPTOMATIC CATS WITH CONFIRMED CASES OF PANLEUKOPENIA UPON A
23 CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
24 PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR
25 OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
26 (4) AN ANIMAL THAT HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
27 JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
28 HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
29 (5) A DOG WITH A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN
30 SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE SOCIETY
31 FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR
32 SHELTER, AS APPLICABLE, PRIOR TO THE CURRENT IMPOUND OF THE ANIMAL.
33 DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
34 BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL RECORDS DOCU-
35 MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY.
36 THE DOCUMENTATION SHALL BE KEPT ON FILE WITH THE DOCUMENTING ENTITY FOR
37 THREE YEARS.
38 (6) AS USED IN THIS SUBDIVISION: (A) "SEVERE INJURY" MEANS ANY PHYS-
39 ICAL INJURY THAT RESULTS IN BROKEN BONES, PERMANENTLY DISFIGURING LACER-
40 ATIONS REQUIRING MULTIPLE SUTURES OR COSMETIC SURGERY; AND
41 (B) "UNPROVOKED BITING" MEANS BITING THAT IS NOT PROVOKED. BITING IS
42 PROVOKED IF, AMONG OTHER THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
43 TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF SELF, A PERSON, ANOTHER
44 ANIMAL, OR PROPERTY, OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
45 THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE DOG BITES ACCI-
46 DENTALLY, AS WHEN PLAYING.
47 E. (1) ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION
48 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVING AN OFFICER, BOARD
49 MEMBER, STAFF MEMBER OR VOLUNTEER WHO HAS BEEN CONVICTED OF A CRIMINAL
50 OFFENSE HAVING AS ITS PRIMARY EFFECT THE PREVENTION OR PUNISHMENT OF
51 ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING SHALL BE PROHIBITED
52 FROM BEING AN ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION
53 UNTIL SUCH TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER
54 IS NO LONGER ASSOCIATED WITH THE ORGANIZATION.
55 (2) ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
56 FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVING AN OFFICER, BOARD
S. 5363--B 8
1 MEMBER, STAFF MEMBER OR VOLUNTEER AGAINST WHOM CHARGES OF VIOLATING THE
2 PROVISIONS OF A STATUTE HAVING AS ITS PRIMARY EFFECT THE PREVENTION OR
3 PUNISHMENT OF ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING ARE PEND-
4 ING IN A COURT OF LAW SHALL BE PROHIBITED FROM BEING AN ADOPTIVE ORGAN-
5 IZATION UNDER THE TERMS OF THIS SUBDIVISION UNTIL SUCH TIME AS THAT
6 OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER IS NO LONGER ASSOCIATED
7 WITH THE ORGANIZATION OR SUCH CHARGES ARE DISMISSED OR DROPPED.
8 (3)(A) IF THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE
9 HUMANE SOCIETY, POUND OR SHELTER HAS LEGALLY SUFFICIENT REASONABLE
10 SUSPICION TO BELIEVE THAT THE PLACEMENT OF AN ANIMAL WITH A PARTICULAR
11 ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
12 PREVENTION OF CRUELTY TO ANIMALS WILL EXPOSE THE ANIMAL TO A SITUATION
13 INVOLVING CRIMINAL NEGLECT OR CRUELTY TO ANIMALS, IT MAY CONDITION THE
14 RELEASE OF THE ANIMAL TO SUCH ANIMAL RESCUE OR ADOPTION ORGANIZATION OR
15 ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS UPON THE
16 CONDUCT OF AN INSPECTION OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
17 FACILITY TO WHICH THAT ANIMAL IS GOING.
18 (B) THE NEED FOR AND REASONABLE SUSPICION FOR REQUESTING SUCH
19 INSPECTION MAY NOT BE DETERMINED SOLELY ON THE BASIS OF ANONYMOUS
20 COMPLAINTS EXCEPT IF MADE BY A RELATIVE OF THE RESCUER. UPON REQUEST,
21 THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIE-
22 TY, POUND OR SHELTER, AS APPLICABLE SHALL DIVULGE TO THE ANIMAL RESCUE
23 OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF
24 CRUELTY TO ANIMALS ANY AND ALL INFORMATION PERTAINING TO ITS DETERMI-
25 NATION OF REASONABLE SUSPICION FOR AN INSPECTION, PROVIDED THAT THE
26 SHELTER CAN EXCISE THE NAME OF THE COMPLAINANT.
27 (C) THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
28 FOR THE PREVENTION OF CRUELTY TO ANIMALS MAY AGREE TO OR REFUSE THE
29 INSPECTION. IF THE ORGANIZATION AGREES TO AN INSPECTION, SUCH INSPECTION
30 SHALL BE CONDUCTED WITHIN FORTY-EIGHT HOURS OF THE TIME THE ORGANIZATION
31 AGREES TO THE INSPECTION. IF THE INSPECTION IS NOT CONDUCTED WITHIN THE
32 FORTY-EIGHT HOUR PERIOD, THE RIGHT TO AN INSPECTION SHALL BE DEEMED TO
33 HAVE BEEN WAIVED. IF THE ORGANIZATION REFUSED THE INSPECTION, THE SOCIE-
34 TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND
35 OR SHELTER, AS APPLICABLE, MAY DECLINE TO PLACE THE ANIMAL WITH THE
36 REFUSING ORGANIZATION.
37 (D) THE INSPECTION AUTHORIZED BY THE PROVISIONS OF THIS SUBPARAGRAPH
38 SHALL BE CONDUCTED BY A PEACE OFFICER, AS DEFINED IN SECTION 2.10 OF THE
39 CRIMINAL PROCEDURE LAW, WHO IS AUTHORIZED TO INVESTIGATE CRIMES PURSUANT
40 TO HIS OR HER REGULAR DUTIES.
41 (E) THE INSPECTED ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
42 TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS SHALL BE NOTIFIED
43 OF THE RESULTS OF THE INSPECTION AND WHETHER THE ANIMAL WILL BE RELEASED
44 TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR
45 THE PREVENTION OF CRUELTY TO ANIMALS WITHIN TWENTY-FOUR HOURS OF THE
46 COMPLETION OF THE INSPECTION.
47 (F) A FILING OF CRIMINAL NEGLECT OR CRUELTY CHARGES FOLLOWING
48 INSPECTION AS PROVIDED IN THIS SUBPARAGRAPH WILL CONSTITUTE A FAILED
49 INSPECTION.
50 (G) NO ANIMAL SHALL BE DESTROYED UNTIL AT LEAST TWENTY-FOUR HOURS
51 AFTER THE FILING OF CRIMINAL CHARGES AGAINST THE ANIMAL RESCUE OR
52 ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF
53 CRUELTY TO ANIMALS AND PROVIDED NO OTHER ORGANIZATION HAS REQUESTED THE
54 ANIMAL.
55 (H) AN ANIMAL WHOSE PLACEMENT IS THE SUBJECT OF AN INSPECTION AS
56 PROVIDED IN THIS SUBPARAGRAPH MAY BE RELEASED PRIOR TO OR DURING THE
S. 5363--B 9
1 CONDUCT OF AN INSPECTION TO ANOTHER ANIMAL RESCUE OR ADOPTION ORGANIZA-
2 TION OR ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS
3 THAT REQUESTS THE ANIMAL.
4 F. AS USED IN THIS SUBDIVISION, "IRREMEDIABLE PHYSICAL SUFFERING"
5 MEANS THAT THE ANIMAL SUFFERS FROM A MEDICAL CONDITION THAT HAS A POOR
6 OR GRAVE PROGNOSIS AND THAT THE ANIMAL IS UNLIKELY TO BE ABLE TO LIVE
7 WITHOUT PROLONGED, SEVERE AND UNREMITTING PAIN DESPITE NECESSARY VETERI-
8 NARY CARE.
9 S 6. This act shall take effect immediately.
