Bill Text: NY S07911 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enacts the shelter animal rescue act which requires the release of a shelter animal to a rescue group upon request of the rescue group prior to the euthanasia of such animal.

Spectrum: Slight Partisan Bill (Democrat 10-6)

Status: (Introduced - Dead) 2022-01-19 - REFERRED TO AGRICULTURE [S07911 Detail]

Download: New_York-2021-S07911-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7911

                    IN SENATE

                                    January 19, 2022
                                       ___________

        Introduced  by  Sens.  ADDABBO, BOYLE -- 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 the euthanasia of such animal

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act shall be known and may be cited as the "shelter
     2  animal rescue act".
     3    § 2. The agriculture and markets  law  is  amended  by  adding  a  new
     4  section 374-a to read as follows:
     5    §  374-a.  Shelter  animal  rescue  act.  1.  For the purposes of this
     6  section, the following terms shall have the following meanings:
     7    a. "Animal shelter" shall mean a public or  private  facility  located
     8  within the state that:
     9    (1)  has  a  physical  structure  that provides temporary or permanent
    10  shelter to stray, abandoned, abused or owner-surrendered animals; and
    11    (2) is operated, owned or maintained by a humane society, society  for
    12  the  prevention  of  cruelty to animals, non-profit organization, pound,
    13  dog control officer, government entity or contractor  for  a  government
    14  entity.
    15    b. "Licensed veterinarian" shall mean an individual who is licensed to
    16  practice veterinary medicine in the state.
    17    c. (1) "Rescue organization" shall mean an organization that:
    18    (a)  is  described  pursuant  to  paragraph  (3)  of subsection (c) of
    19  section five hundred one of the federal Internal Revenue Code and exempt
    20  from taxation pursuant to subsection (a) of section five hundred one  of
    21  the federal Internal Revenue Code;
    22    (b) is an animal rescue organization, animal adoption organization, or
    23  organization formed for the prevention of cruelty to animals;
    24    (c) does not have an officer, board member, staff member, or volunteer
    25  who  has been convicted of a criminal offense related to animal neglect,
    26  animal cruelty, or dog fighting; and
    27    (d) has been in existence for at least one year.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06391-02-1
        S. 7911                             2

     1    (2) For animals within the  ambit  of  their  license,  an  individual
     2  licensed  to  rehabilitate  wildlife by the New York state department of
     3  environmental conservation pursuant  to  subdivision  three  of  section
     4  11-0515 of the environmental conservation law shall also be considered a
     5  rescue  organization, except where the release of a particular animal to
     6  such individual would violate a duly enacted department of environmental
     7  conservation regulation.
     8    d. "Irremediable suffering" shall mean an animal who has an objective-
     9  ly grave prognosis to be able to live without severe, unremitting  phys-
    10  ical  pain  even  with  prompt,  necessary, and comprehensive veterinary
    11  care, as certified in writing by a licensed veterinarian.
    12    e. "Serious physical injury" shall mean a physical injury to an  indi-
    13  vidual  caused  by a dog bite which creates a substantial risk of death,
    14  or which causes death or serious or protracted disfigurement, protracted
    15  impairment of health or protracted loss or impairment of the function of
    16  any bodily organ.
    17    f. "Unprovoked biting" shall mean when an individual is  bitten  by  a
    18  dog, and it did not occur as a result of:
    19    (1) the taunting of a dog;
    20    (2)  a  dog  acting  in defense of itself, a person, another animal or
    21  property;
    22    (3) a dog acting from maternal instinct;
    23    (4) a dog reacting to hunger, pain or fear; or
    24    (5) an accidental bite as when playing.
    25    g. "Unprovoked repeated biting" shall mean two or  more  bites  of  an
    26  individual  or  individuals by a dog resulting in physical injuries that
    27  were not provoked in the prior twenty-four  months,  documented  by  the
    28  agency  charged  with enforcing state and local animal laws prior to the
    29  current impound.
    30    h. "Business day" shall mean any day an animal shelter is open to  the
    31  public  for  adoption and redemption for a continuous period of at least
    32  four hours.
    33    2. Notwithstanding any state or local law to the contrary:
    34    a. Not less than two business days before the scheduled euthanasia  of
    35  any  animal in the custody or constructive custody of an animal shelter,
    36  such animal shelter shall:
    37    (1) notify or make a reasonable attempt to notify by verifiable  writ-
    38  ten  or electronic communication any rescue organization that has previ-
    39  ously requested to be notified before animals are euthanized; and
    40    (2) allow any rescue organization who has been  notified  pursuant  to
    41  subparagraph  one  of this paragraph to take possession of the animal if
    42  they so request in order to avoid such animal's death.
    43    b. Any rescue organization who takes possession of an animal  pursuant
    44  to  paragraph a of this subdivision shall do so within forty-eight hours
    45  of giving notification to the animal shelter of  their  intent  to  take
    46  possession.
    47    c.  No  animal  shelter shall euthanize any animal without meeting the
    48  requirements of this subdivision, except for:
    49    (1) an animal that is irremediably suffering;
    50    (2) a dog adjudicated to be dangerous pursuant to section one  hundred
    51  twenty-three of this chapter, and that has been ordered to be euthanized
    52  by the court;
    53    (3)  a  dog  with  a  documented history of unprovoked biting that has
    54  resulted in serious physical  injury  to  an  individual.  Documentation
    55  shall  consist  of  medical reports made at or around the time the prior
    56  bite incident occurred which describe the circumstances  of  such  bite,
        S. 7911                             3

     1  the  nature  and  severity  of  the injury, and treatments given for the
     2  injury;
     3    (4) a dog with a documented history of unprovoked repeated biting that
     4  has  resulted  in  physical  injury  of  an  individual  or individuals.
     5  Documentation shall consist of medical reports made  at  or  around  the
     6  time  the prior bite incidents occurred which describe the circumstances
     7  of the bites, the nature and severity of the  injuries,  and  treatments
     8  given for the injuries;
     9    (5) an animal which has bitten an individual and is suspected to carry
    10  and  exhibiting signs of rabies, as determined by a licensed veterinari-
    11  an.
    12    d. Upon taking possession of an animal pursuant to this subdivision, a
    13  rescue organization shall assume all liability  for  such  animal  while
    14  such animal is in the custody and control of such organization and shall
    15  maintain liability insurance for that purpose, provided that such organ-
    16  ization  shall  not  be deemed responsible for harm caused to or by such
    17  animal that:
    18    (1) occurred prior to the time such organization assumed possession of
    19  such animal; or
    20    (2) is due to the acts or omissions of a person  not  associated  with
    21  such organization.
    22    § 3. This act shall apply in all jurisdictions including cities with a
    23  population of two million or more.
    24    § 4. This act shall take effect immediately.