Bill Text: NY S05363 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5363
2011-2012 Regular Sessions
I N S E N A T E
May 12, 2011
___________
Introduced by Sen. ROBACH -- 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 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:
20 [(a)] (1) not less than ten dollars for the first impoundment of any
21 dog owned by that person;
22 [(b)] (2) not less than twenty dollars for the first twenty-four hours
23 or part thereof and three dollars for each additional twenty-four hours
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10491-05-1
S. 5363 2
1 or part thereof for the second impoundment, within one year of the first
2 impoundment, of any dog owned by that person; or
3 [(c)] (3) not less than thirty 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 third and subsequent impoundments, within one
6 year of the first impoundment, of any dog owned by that person.
7 (B) IN THE EVENT THE OWNER OF AN ANIMAL IS SUBSEQUENTLY IDENTIFIED,
8 THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION SHALL APPLY WITH
9 REGARD TO THE ANIMAL; PROVIDED THAT THE ANIMAL MAY BE PLACED WITH AN
10 ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
11 PREVENTION OF CRUELTY TO ANIMALS PRIOR TO THE EXPIRATION OF THE FIVE DAY
12 HOLDING PERIOD, SUBJECT TO REDEMPTION BY THE OWNER AS DESCRIBED IN
13 SUBDIVISION SIX OF THIS SECTION.
14 (C) The impoundment fees set forth in [paragraphs (a), (b) and (c)]
15 SUBPARAGRAPHS ONE, TWO AND THREE OF PARAGRAPH (A) of this subdivision
16 notwithstanding, any municipality may set by local law or ordinance such
17 fees in any amount.
18 6. Promptly upon seizure of any identified dog, the owner of record of
19 such dog shall be notified personally or by certified mail, return
20 receipt requested, of the facts of seizure and the procedure for redemp-
21 tion. If notification is personally given, such dog shall be held for a
22 MINIMUM period of [seven] NINE days after day of notice, during which
23 period the dog may be redeemed by the owner. If such notification is
24 made by mail, such dog shall be held for a period of [nine] TWELVE days
25 from the date of mailing, during which period the dog may be redeemed by
26 the owner. In either case, the owner may redeem such dog upon payment of
27 the impoundment fees prescribed by subdivision four of this section and
28 by producing proof that the dog has been licensed.
29 7-a. Any animal in the custody of a [pound] SOCIETY FOR THE PREVENTION
30 OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHELTER shall be made
31 available for adoption or euthanized subject to subdivisions six, eight
32 and nine of this section and subject to the provisions of section three
33 hundred seventy-four of this chapter after the time for redemption has
34 expired[; provided, however, that such release may be made to another
35 such pound, duly incorporated society for the prevention of cruelty to
36 animals, duly incorporated humane society or duly incorporated animal
37 protective association for the sole purpose of placing such animal in an
38 adoptive home, when such action is reasonably believed to improve the
39 opportunity for adoption].
40 8. The redemption periods set forth above in this section notwith-
41 standing, any municipality may establish the duration of such periods by
42 local law or ordinance, provided that no such period shall be less than
43 [three] FIVE days, except that where notice to the owner is given by
44 mail, no such period shall be less than [seven] TWELVE days.
45 S 3. The agriculture and markets law is amended by adding a new
46 section 373-a to read as follows:
47 S 373-A. CARE OF IMPOUNDED ANIMALS. 1. ANY OFFICER OR IMPOUNDING
48 ORGANIZATION TAKING POSSESSION OF ANY ANIMAL IN ACCORDANCE WITH THE
49 PROVISIONS OF THIS CHAPTER, REGARDLESS OF WHETHER THE ANIMAL'S OWNER IS
50 IDENTIFIED OR NOT IDENTIFIED, SHALL PROVIDE THE ANIMAL DURING THE
51 ENTIRETY OF THE ANIMAL'S CUSTODY OR CONSTRUCTIVE CUSTODY WITH:
52 A. FRESH FOOD AND FRESH WATER ON AT LEAST A DAILY BASIS;
53 B. ENVIRONMENTAL ENRICHMENT SUCH AS SOCIALIZATION, TOYS AND TREATS TO
54 PROMOTE THE ANIMAL'S PSYCHOLOGICAL WELL-BEING;
55 C. REGULAR DAILY EXERCISE SUITABLE TO THE ANIMAL'S PHYSICAL AND
56 PSYCHOLOGICAL CONDITION;
S. 5363 3
1 D. CLEAN LIVING ENVIRONMENTS, INCLUDING BUT NOT LIMITED TO THE CAGE,
2 KENNEL AND/OR SPACE WHERE THE ANIMAL IS HOUSED. SUCH AREAS SHALL PROMPT-
3 LY RECEIVE NECESSARY CLEANING TO ENSURE ENVIRONMENTS THAT ARE WELCOMING
4 TO THE PUBLIC AND HYGIENIC FOR BOTH THE PUBLIC AND ANIMALS, AND TO
5 PREVENT DISEASE. ALL ANIMALS SHALL BE TEMPORARILY REMOVED FROM THEIR
6 CAGES, KENNELS, OR OTHER LIVING ENVIRONMENTS DURING THE PROCESS OF
7 CLEANING TO PREVENT THEM FROM BEING EXPOSED TO WATER FROM HOSES OR
8 SPRAYS, CLEANING SOLUTIONS, DETERGENTS, SOLVENTS, AND/OR CHEMICALS; AND
9 E. PROMPT AND NECESSARY VETERINARY CARE, INCLUDING BUT NOT LIMITED TO
10 PREVENTATIVE VACCINATIONS, PARASITE CONTROL, CAGE REST, FLUID THERAPY,
11 PAIN MANAGEMENT, AND/OR ANTIBIOTICS, SUFFICIENT TO ALLEVIATE ANY PAIN OR
12 SUFFERING CAUSED BY DISEASE OR INJURY, TO PREVENT A CONDITION FROM WORS-
13 ENING, AND TO ALLOW THE ANIMAL TO LEAVE THE SHELTER IN REASONABLE CONDI-
14 TION, EVEN IF THE ANIMAL IS NOT A CANDIDATE FOR REDEMPTION, TRANSFER, OR
15 ADOPTION.
16 2. UPON TAKING POSSESSION OF ANY ANIMAL, ANY OFFICER OR IMPOUNDING
17 ORGANIZATION TAKING POSSESSION OF ANY ANIMAL IMPOUNDED IN ACCORDANCE
18 WITH THE PROVISIONS OF THIS CHAPTER SHALL:
19 A. ENSURE THAT THE ANIMAL IS CHECKED FOR ALL CURRENTLY ACCEPTABLE
20 METHODS OF IDENTIFICATION, INCLUDING MICROCHIPS, IDENTIFICATION TAGS,
21 COLLARS, TATTOOS, AND LICENSES;
22 B. MAINTAIN LISTS, UPDATED NOT LESS THAN ONCE DAILY, OF ANIMALS
23 REPORTED LOST IN THE GEOGRAPHIC AREA SERVED BY THE FACILITY HAVING
24 CUSTODY OF THE ANIMAL, AND COMPARE THE LOST REPORTS WITH ANIMALS
25 REPORTED FOUND AND ANIMALS IN THE SHELTER; AND
26 C. POST A DESCRIPTION OF EACH STRAY ANIMAL ON THE INTERNET ON A
27 WEBSITE MAINTAINED FOR THAT PURPOSE. THE DESCRIPTION SHALL BE SUFFI-
28 CIENTLY DETAILED TO ALLOW THE ANIMAL TO BE RECOGNIZED AND CLAIMED BY ITS
29 OWNER, AND SHALL INCLUDE BUT NOT BE LIMITED TO DESCRIPTIONS OF IDENTIFI-
30 CATION FOUND ON THE ANIMAL, THE BREED, APPROXIMATE SIZE AND WEIGHT,
31 COLORING AND IDENTIFYING MARKS, THE DATE AND HOUR OF SEIZURE, THE OFFI-
32 CIAL IDENTIFICATION NUMBER OF SUCH ANIMAL, IF ANY, THE LOCATION WHERE
33 FOUND, THE REASON FOR IMPOUND, AND THE OWNER'S NAME AND ADDRESS, IF
34 KNOWN.
35 3. IF IDENTIFICATION IS FOUND ON AN ANIMAL, THE OFFICER OR IMPOUNDING
36 ORGANIZATION SHALL, UPON TAKING POSSESSION OF THE ANIMAL, UNDERTAKE
37 REASONABLE EFFORTS TO NOTIFY THE OWNER OR CARETAKER OF THE LOCATION OF
38 THE ANIMAL AND THE PROCEDURES AVAILABLE FOR THE LAWFUL RECOVERY OF THE
39 ANIMAL. THESE EFFORTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, NOTIFYING
40 THE POSSIBLE OWNER BY TELEPHONE, MAIL, AND PERSONAL SERVICE TO THE LAST
41 KNOWN ADDRESS. THE OFFICER OR IMPOUNDING ORGANIZATION SHALL, FOLLOWING
42 THE INITIATION OF EFFORTS TO NOTIFY THE OWNER OR CARETAKER, RETAIN
43 CUSTODY OF THE ANIMAL FOR A MINIMUM PERIOD OF NINE DAYS TO ALLOW FOR
44 REDEMPTION.
45 4. A. NO ANIMAL IN THE POSSESSION OF AN OFFICER OR IMPOUNDING ORGAN-
46 IZATION SHALL BE DESTROYED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF
47 SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE AND NO ANIMAL IN THE
48 POSSESSION OF AN OFFICER OR IMPOUNDING ORGANIZATION SHALL BE DESTROYED
49 FOR THE SOLE REASON THAT THE HOLDING PERIOD FOR THAT ANIMAL HAS EXPIRED.
50 BEFORE AN ANIMAL IS DESTROYED, ALL OF THE FOLLOWING CONDITIONS MUST BE
51 MET:
52 (1) THERE ARE NO EMPTY CAGES, KENNELS, OR OTHER LIVING ENVIRONMENTS AT
53 THE IMPOUNDING ORGANIZATION'S FACILITIES OR AT ANY ASSOCIATED FACILI-
54 TIES; AND
55 (2) THE ANIMAL CANNOT SHARE A CAGE OR KENNEL WITH ANOTHER ANIMAL
56 BECAUSE THE ANIMAL IS AGGRESSIVE TO OTHER ANIMALS, HAS A CONTAGIOUS
S. 5363 4
1 ILLNESS THE OTHER ANIMAL DOES NOT HAVE, OR IS INJURED AND SHARING THE
2 CAGE WITH ANOTHER ANIMAL WILL AGGRAVATE THE INJURY; AND
3 (3) A FOSTER HOME IS NOT AVAILABLE; AND
4 (4) ANIMAL RESCUE OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED
5 FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVE BEEN NOTIFIED OF THE SCHE-
6 DULED EUTHANASIA PURSUANT TO THE PROVISIONS OF SUBDIVISION NINE OF
7 SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE AND THERE ARE NO
8 ANIMAL RESCUE OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED FOR THE
9 PREVENTION OF CRUELTY TO ANIMALS WILLING TO ACCEPT THE ANIMAL; AND
10 (5) ALL MANDATES, PROGRAMS AND SERVICES OF THIS CHAPTER HAVE BEEN MET;
11 AND
12 (6) THE DIRECTOR OF THE IMPOUNDING ORGANIZATION HAVING CUSTODY OF THE
13 ANIMAL CERTIFIES HE OR SHE HAS NO OTHER ALTERNATIVE.
14 B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
15 (1) AN ANIMAL WHO IS EXPERIENCING IRREMEDIABLE PHYSICAL SUFFERING WITH
16 A PROGNOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE
17 PROMPT AND NECESSARY VETERINARY CARE, AS CERTIFIED IN WRITING BY A
18 VETERINARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
19 (2) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES AS
20 CERTIFIED IN WRITING BY A VETERINARIAN LICENSED TO PRACTICE MEDICINE IN
21 THIS STATE; OR
22 (3) A SYMPTOMATIC DOG WITH A CONFIRMED CASE OF PARVOVIRUS WITH A PROG-
23 NOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE PROMPT
24 AND NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETERINARIAN
25 LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
26 (4) A SYMPTOMATIC CAT WITH A CONFIRMED CASE OF PANLEUKOPENIA WITH A
27 PROGNOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE
28 PROMPT AND NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETER-
29 INARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
30 (5) AN ANIMAL THAT HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
31 JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
32 HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
33 (6) A DOG WITH A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN
34 SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE OFFICER
35 OR IMPOUNDING ORGANIZATION PRIOR TO THE CURRENT IMPOUND OF THE ANIMAL.
36 DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
37 BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL REPORTS DOCU-
38 MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY.
39 C. THE DETERMINATION THAT ALL CONDITIONS OF PARAGRAPH A OF THIS SUBDI-
40 VISION HAVE BEEN MET OR THAT ONE OR MORE OF THE EXCEPTIONS UNDER PARA-
41 GRAPH B OF THIS SUBDIVISION APPLY SHALL BE MADE IN WRITING, SIGNED BY
42 THE DIRECTOR OF THE AGENCY, AND BE MADE AVAILABLE FOR FREE PUBLIC
43 INSPECTION FOR NO LESS THAN THREE YEARS.
44 5. EACH OFFICER OR IMPOUNDING ORGANIZATION SHALL POST, IN A CONSPICU-
45 OUS PLACE AT THE LOCATION WHERE ANIMALS ARE BEING RELINQUISHED, A SIGN
46 WHICH IS CLEARLY VISIBLE AND READABLE FROM ANY VANTAGE POINT IN THE
47 AREA, CONTAINING THE FOLLOWING INFORMATION, IDENTIFIED BY SPECIES-TYPE,
48 AND SHALL POST SUCH INFORMATION ON THE INTERNET IN A WEBSITE MAINTAINED
49 FOR THAT PURPOSE, AND SHALL PROVIDE SUCH INFORMATION IN WRITING, AT NO
50 COST, TO ANY PERSON REQUESTING THE INFORMATION:
51 A. THE NUMBER OF ANIMALS IMPOUNDED AT THE FACILITY DURING THE PRIOR
52 CALENDAR YEAR; AND
53 B. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
54 WERE ADOPTED; AND
55 C. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
56 WERE TRANSFERRED TO OTHER AGENCIES FOR ADOPTION; AND
S. 5363 5
1 D. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
2 WERE RECLAIMED BY THEIR OWNERS; AND
3 E. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
4 DIED, WERE LOST, AND/OR WERE STOLEN; AND
5 F. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
6 WERE DESTROYED.
7 6. AS USED IN THIS SECTION:
8 A. "IMPOUNDING ORGANIZATION" SHALL HAVE THE MEANING DEFINED IN SUBDI-
9 VISION SIX OF SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE;
10 B. "OFFICER" MEANS A DOG CONTROL OFFICER OR PEACE OFFICER, ACTING
11 PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY
12 OR UNDER CONTRACT TO A MUNICIPALITY;
13 C. "SEVERE INJURY" MEANS ANY PHYSICAL INJURY THAT RESULTS IN BROKEN
14 BONES, PERMANENTLY DISFIGURING LACERATIONS REQUIRING MULTIPLE SUTURES OR
15 COSMETIC SURGERY; AND
16 D. "UNPROVOKED BITE" MEANS A BITE THAT IS NOT PROVOKED. A BITE IS
17 PROVOKED IF, AMONG OTHER THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
18 TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF SELF, A PERSON, ANOTHER
19 ANIMAL, OR PROPERTY, OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
20 THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE DOG BITES ACCI-
21 DENTALLY, AS WHEN PLAYING.
22 S 4. Subdivision 2 of section 374 of the agriculture and markets law,
23 as amended by chapter 449 of the laws of 2010, is amended to read as
24 follows:
25 2. In the absence of such findings or certification, a duly incorpo-
26 rated humane society, a duly incorporated society for the prevention of
27 cruelty to animals, or any pound maintained by or under contract or
28 agreement with any county, city, town or village may after five days
29 make available for adoption or have humanely destroyed in accordance
30 with the provisions of this section and subject to SUBDIVISION FOUR OF
31 SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS ARTICLE AND TO SUBDIVISION
32 NINE OF THIS SECTION AND TO subdivisions six, eight and nine of section
33 one hundred [eighteen] SEVENTEEN of this chapter, any animal of which
34 possession is taken as provided for in the preceding section, unless the
35 same is earlier redeemed by its owner.
36 S 5. Section 374 of the agriculture and markets law is amended by
37 adding a new subdivision 9 to read as follows:
38 9. A. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
39 CONTRARY, NO ANIMAL IN THE CARE OR CUSTODY OF A DULY INCORPORATED SOCIE-
40 TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE
41 SOCIETY, OR A POUND OR SHELTER, WHETHER SUCH ENTITY BE PUBLIC OR
42 PRIVATE, SHALL BE DESTROYED IF, PRIOR TO THE KILLING OF THAT ANIMAL FOR
43 ANY REASON OTHER THAN IRREMEDIABLE PHYSICAL SUFFERING OF THE ANIMAL UPON
44 A CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
45 PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR
46 OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE, A
47 NONPROFIT, AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE
48 ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
49 PREVENTION OF CRUELTY TO ANIMALS REQUESTS POSSESSION OF THE ANIMAL.
50 ONLY FOR PURPOSES OF ESTABLISHING THE INITIAL RELATIONSHIP BETWEEN THE
51 SHELTER AND THE ANIMAL ADOPTION OR RESCUE ORGANIZATION OR ORGANIZATION
52 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE SHELTER MAY REQUEST
53 THAT THE ANIMAL ADOPTION OR RESCUE ORGANIZATION OR ORGANIZATION FORMED
54 FOR THE PREVENTION OF CRUELTY TO ANIMALS PROVIDE ONE TIME PROOF THAT IT
55 HAS BEEN IN EXISTENCE FOR AT LEAST ONE YEAR OR THAT ONE OF ITS OFFICERS
56 OR STAFF MEMBERS HAS BEEN RESCUING ANIMALS FOR AT LEAST ONE YEAR, AND
S. 5363 6
1 THAT PERSON OR THE ORGANIZATION HAS A RELATIONSHIP WITH A LICENSED
2 VETERINARIAN. PROOF OF THE ONE YEAR RESCUE THRESHOLD SHALL BE CONCLU-
3 SIVELY ESTABLISHED BY A COPY OF THE ORGANIZATION'S ARTICLES OF INCORPO-
4 RATION SHOWING AN INCORPORATION DATE OF AT LEAST ONE YEAR PAST, OR A
5 LETTER FROM A LICENSED VETERINARIAN STATING THAT THE VETERINARIAN HAS
6 BEEN TREATING ANIMALS RESCUED BY THE ORGANIZATION OR ONE OF ITS OFFICERS
7 OR STAFF MEMBERS FOR AT LEAST ONE YEAR, OR THROUGH OTHER OBJECTIVE
8 CRITERIA SUCH AS A DATED ADVERTISEMENT CONCERNING THE RESCUE EFFORTS OF
9 THE ORGANIZATION OR ONE OF ITS OFFICERS OR STAFF MEMBERS, OR A DATED
10 INVOICE FROM A LICENSED VETERINARIAN FOR THE MEDICAL CARE OF AN ANIMAL.
11 PROOF OF A RELATIONSHIP WITH A LICENSED VETERINARIAN SHALL BE CONCLU-
12 SIVELY ESTABLISHED BY A LETTER FROM A LICENSED VETERINARIAN CONFIRMING
13 THE RELATIONSHIP OR THROUGH AN INVOICE FOR MEDICAL SERVICES FROM A
14 LICENSED VETERINARIAN ADDRESSED TO THE ORGANIZATION OR ONE OF ITS OFFI-
15 CERS OR STAFF MEMBERS. IN ADDITION TO ANY REQUIRED SPAY OR NEUTER
16 DEPOSIT, THE FACILITY HAVING POSSESSION OF THE ANIMAL, AT ITS
17 DISCRETION, MAY ASSESS A FEE, NOT TO EXCEED THE STANDARD ADOPTION FEE,
18 FOR ANIMALS RELEASED TO SUCH ORGANIZATIONS.
19 B. (1) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION
20 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS INTERESTED IN TAKING
21 POSSESSION OF ONE OR MORE ANIMALS PURSUANT TO THE PROVISIONS OF THIS
22 SUBDIVISION SHALL NOTIFY THE SOCIETY FOR THE PREVENTION OF CRUELTY TO
23 ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE, OF ITS
24 DESIRE TO DO SO AND SHALL PROVIDE THE SOCIETY FOR THE PREVENTION OF
25 CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER WITH CONTACT
26 INFORMATION FOR THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
27 TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS. AN ANIMAL RESCUE
28 OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF
29 CRUELTY TO ANIMALS MAY, AT ITS OPTION, FILE ONE NOTICE WITH A SOCIETY
30 FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHEL-
31 TER REQUESTING THAT IT BE NOTIFIED OF ALL ANIMALS HELD BY THAT FACILITY
32 AND SCHEDULED FOR EUTHANASIA.
33 (2) AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED EUTHANASIA OF AN
34 ANIMAL, THE FACILITY HAVING POSSESSION OF THE ANIMAL SHALL PROVIDE
35 NOTICE TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION
36 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS OF THE SCHEDULED EUTHA-
37 NASIA BY:
38 (A) POSTING OF THE IDENTIFICATION NUMBER OF SUCH ANIMAL ON THE WEBSITE
39 OF THE FACILITY HAVING POSSESSION OF THE ANIMAL BY DIRECT LINK FROM THE
40 FACILITY'S WEBSITE HOME PAGE; AND
41 (B) BY CONTACTING THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGAN-
42 IZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS DIRECTLY BY ONE
43 OR MORE OF THE FOLLOWING MEANS:
44 (I) E-MAIL TO THE E-MAIL ADDRESS ON FILE;
45 (II) PHONE TO THE PHONE NUMBER ON FILE;
46 (III) TEXT MESSAGE TO THE PHONE NUMBER ON FILE;
47 (IV) FAX TO THE FAX NUMBER ON FILE; OR
48 (V) ANY OTHER MEANS OF ELECTRONIC WRITTEN COMMUNICATION AS PROVIDED BY
49 THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR
50 THE PREVENTION OF CRUELTY TO ANIMALS.
51 (3) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
52 FOR THE PREVENTION OF CRUELTY TO ANIMALS INTENDING TO TAKE POSSESSION OF
53 AN ANIMAL SCHEDULED FOR EUTHANASIA SHALL NOTIFY THE FACILITY HAVING
54 POSSESSION OF THE ANIMAL OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
55 OR ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS' INTENT
56 TO TAKE POSSESSION OF THE ANIMAL, AT ANY TIME PRIOR TO THE ANIMAL'S
S. 5363 7
1 EUTHANASIA, BY PHONE, E-MAIL, FAX, TEXT MESSAGE, OR OTHER ELECTRONIC
2 WRITTEN REQUEST.
3 (4) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
4 FOR THE PREVENTION OF CRUELTY TO ANIMALS TAKING POSSESSION OF AN ANIMAL
5 PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL DO SO WITHIN TWO
6 BUSINESS DAYS OF THE TIME THE ORGANIZATION NOTIFIES THE SOCIETY FOR THE
7 PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, OR A POUND OR SHELTER
8 POSSESSING THE ANIMAL, AS APPLICABLE, THAT IT IS SEEKING CUSTODY OF THE
9 ANIMAL, NOT INCLUDING THE DAY UPON WHICH THE NOTICE IS GIVEN.
10 C. UPON TAKING POSSESSION OF AN ANIMAL, AN ANIMAL RESCUE OR ADOPTION
11 ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO
12 ANIMALS SHALL ASSUME ALL LIABILITY FOR THE ANIMAL; PROVIDED THAT THE
13 ORGANIZATION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO OR BY
14 THE ANIMAL THAT:
15 (1) OCCURRED PRIOR TO THE TIME THE ORGANIZATION ASSUMED POSSESSION OF
16 THE ANIMAL; OR
17 (2) IS DUE TO THE ACTS OR OMISSIONS OF A PERSON NOT ASSOCIATED WITH
18 THE ORGANIZATION.
19 D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
20 (1) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES, AS
21 DETERMINED BY A LICENSED VETERINARIAN;
22 (2) SYMPTOMATIC DOGS WITH CONFIRMED CASES OF PARVOVIRUS UPON A CERTIF-
23 ICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO PRAC-
24 TICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR OR
25 GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
26 (3) SYMPTOMATIC CATS WITH CONFIRMED CASES OF PANLEUKOPENIA UPON A
27 CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
28 PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR
29 OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
30 (4) AN ANIMAL THAT HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
31 JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
32 HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
33 (5) A DOG WITH A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN
34 SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE SOCIETY
35 FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR
36 SHELTER, AS APPLICABLE, PRIOR TO THE CURRENT IMPOUND OF THE ANIMAL.
37 DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
38 BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL RECORDS DOCU-
39 MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY.
40 THE DOCUMENTATION SHALL BE KEPT ON FILE WITH THE DOCUMENTING ENTITY FOR
41 THREE YEARS.
42 (6) AS USED IN THIS SUBDIVISION: (A) "SEVERE INJURY" MEANS ANY PHYS-
43 ICAL INJURY THAT RESULTS IN BROKEN BONES, PERMANENTLY DISFIGURING LACER-
44 ATIONS REQUIRING MULTIPLE SUTURES OR COSMETIC SURGERY; AND
45 (B) "UNPROVOKED BITING" MEANS BITING THAT IS NOT PROVOKED. BITING IS
46 PROVOKED IF, AMONG OTHER THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
47 TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF SELF, A PERSON, ANOTHER
48 ANIMAL, OR PROPERTY, OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
49 THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE DOG BITES ACCI-
50 DENTALLY, AS WHEN PLAYING.
51 E. (1) ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION
52 FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVING AN OFFICER, BOARD
53 MEMBER, STAFF MEMBER OR VOLUNTEER WHO HAS BEEN CONVICTED OF A CRIMINAL
54 OFFENSE HAVING AS ITS PRIMARY EFFECT THE PREVENTION OR PUNISHMENT OF
55 ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING SHALL BE PROHIBITED
56 FROM BEING AN ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION
S. 5363 8
1 UNTIL SUCH TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER
2 IS NO LONGER ASSOCIATED WITH THE ORGANIZATION.
3 (2) ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
4 FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVING AN OFFICER, BOARD
5 MEMBER, STAFF MEMBER OR VOLUNTEER AGAINST WHOM CHARGES OF VIOLATING THE
6 PROVISIONS OF A STATUTE HAVING AS ITS PRIMARY EFFECT THE PREVENTION OR
7 PUNISHMENT OF ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING ARE PEND-
8 ING IN A COURT OF LAW SHALL BE PROHIBITED FROM BEING AN ADOPTIVE ORGAN-
9 IZATION UNDER THE TERMS OF THIS SUBDIVISION UNTIL SUCH TIME AS THAT
10 OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER IS NO LONGER ASSOCIATED
11 WITH THE ORGANIZATION OR SUCH CHARGES ARE DISMISSED OR DROPPED.
12 (3)(A) IF THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE
13 HUMANE SOCIETY, POUND OR SHELTER HAS LEGALLY SUFFICIENT REASONABLE
14 SUSPICION TO BELIEVE THAT THE PLACEMENT OF AN ANIMAL WITH A PARTICULAR
15 ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
16 PREVENTION OF CRUELTY TO ANIMALS WILL EXPOSE THE ANIMAL TO A SITUATION
17 INVOLVING CRIMINAL NEGLECT OR CRUELTY TO ANIMALS, IT MAY CONDITION THE
18 RELEASE OF THE ANIMAL TO SUCH ANIMAL RESCUE OR ADOPTION ORGANIZATION OR
19 ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS UPON THE
20 CONDUCT OF AN INSPECTION OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
21 FACILITY TO WHICH THAT ANIMAL IS GOING.
22 (B) THE NEED FOR AND REASONABLE SUSPICION FOR REQUESTING SUCH
23 INSPECTION MAY NOT BE DETERMINED SOLELY ON THE BASIS OF ANONYMOUS
24 COMPLAINTS EXCEPT IF MADE BY A RELATIVE OF THE RESCUER. UPON REQUEST,
25 THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIE-
26 TY, POUND OR SHELTER, AS APPLICABLE SHALL DIVULGE TO THE ANIMAL RESCUE
27 OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF
28 CRUELTY TO ANIMALS ANY AND ALL INFORMATION PERTAINING TO ITS DETERMI-
29 NATION OF REASONABLE SUSPICION FOR AN INSPECTION, PROVIDED THAT THE
30 SHELTER CAN EXCISE THE NAME OF THE COMPLAINANT IF MADE BY A RELATIVE OF
31 THE RESCUER.
32 (C) THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
33 FOR THE PREVENTION OF CRUELTY TO ANIMALS MAY AGREE TO OR REFUSE THE
34 INSPECTION. IF THE ORGANIZATION AGREES TO AN INSPECTION, SUCH INSPECTION
35 SHALL BE CONDUCTED WITHIN FORTY-EIGHT HOURS OF THE TIME THE ORGANIZATION
36 AGREES TO THE INSPECTION. IF THE INSPECTION IS NOT CONDUCTED WITHIN THE
37 FORTY-EIGHT HOUR PERIOD, THE RIGHT TO AN INSPECTION SHALL BE DEEMED TO
38 HAVE BEEN WAIVED. IF THE ORGANIZATION REFUSED THE INSPECTION, THE SOCIE-
39 TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND
40 OR SHELTER, AS APPLICABLE, MAY DECLINE TO PLACE THE ANIMAL WITH THE
41 REFUSING ORGANIZATION.
42 (D) THE INSPECTION AUTHORIZED BY THE PROVISIONS OF THIS SUBPARAGRAPH
43 SHALL BE CONDUCTED BY A PEACE OFFICER, AS DEFINED IN SECTION 2.10 OF THE
44 CRIMINAL PROCEDURE LAW, WHO IS AUTHORIZED TO INVESTIGATE CRIMES PURSUANT
45 TO HIS OR HER REGULAR DUTIES.
46 (E) THE INSPECTED ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
47 TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS SHALL BE NOTIFIED
48 OF THE RESULTS OF THE INSPECTION AND WHETHER THE ANIMAL WILL BE RELEASED
49 TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR
50 THE PREVENTION OF CRUELTY TO ANIMALS WITHIN TWENTY-FOUR HOURS OF THE
51 COMPLETION OF THE INSPECTION.
52 (F) A FILING OF CRIMINAL NEGLECT OR CRUELTY CHARGES FOLLOWING
53 INSPECTION AS PROVIDED IN THIS SUBPARAGRAPH WILL CONSTITUTE A FAILED
54 INSPECTION.
55 (G) NO ANIMAL SHALL BE DESTROYED UNTIL AT LEAST TWENTY-FOUR HOURS
56 AFTER THE FILING OF CRIMINAL CHARGES AGAINST THE ANIMAL RESCUE OR
S. 5363 9
1 ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE PREVENTION OF
2 CRUELTY TO ANIMALS AND PROVIDED NO OTHER ORGANIZATION HAS REQUESTED THE
3 ANIMAL.
4 (H) AN ANIMAL WHOSE PLACEMENT IS THE SUBJECT OF AN INSPECTION AS
5 PROVIDED IN THIS SUBPARAGRAPH MAY BE RELEASED PRIOR TO OR DURING THE
6 CONDUCT OF AN INSPECTION TO ANOTHER ANIMAL RESCUE OR ADOPTION ORGANIZA-
7 TION OR ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS
8 THAT REQUESTS THE ANIMAL.
9 F. AS USED IN THIS SUBDIVISION, "IRREMEDIABLE PHYSICAL SUFFERING"
10 MEANS THAT THE ANIMAL SUFFERS FROM A MEDICAL CONDITION THAT HAS A POOR
11 OR GRAVE PROGNOSIS AND THAT THE ANIMAL IS UNLIKELY TO BE ABLE TO LIVE
12 WITHOUT PROLONGED, SEVERE AND UNREMITTING PAIN DESPITE NECESSARY VETERI-
13 NARY CARE.
14 S 6. This act shall take effect immediately.
