A07312 Summary:

BILL NO    A07312C

SAME AS    No same as 

SPONSOR    Kellner

COSPNSR    Raia, Colton, Millman, Camara, Englebright, Brook-Krasny, Moya,
           Weprin, Rivera P

MLTSPNSR   Boyle, Curran, Gabryszak, Gibson, Gottfried, Hevesi, Katz, Lupardo,
           Malliotakis, Markey, McDonough, Montesano, Rabbitt, Tenney,
           Weisenberg

Amd SS117 & 374, add S373-a, Ag & Mkts L

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.
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A07312 Actions:

BILL NO    A07312C

04/29/2011 referred to agriculture
05/11/2011 amend and recommit to agriculture
05/11/2011 print number 7312a
06/17/2011 amend and recommit to agriculture
06/17/2011 print number 7312b
01/04/2012 referred to agriculture
01/10/2012 amend and recommit to agriculture
01/10/2012 print number 7312c
05/31/2012 held for consideration in agriculture
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A07312 Votes:

There are no votes for this bill in this legislative session.
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A07312 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7312C
 
SPONSOR: Kellner
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to establishing 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   PURPOSE OR GENERAL IDEA OF BILL: Requires in most situations in which an animal is scheduled to be destroyed by a society for the prevention of cruelty to animals, humane society, pound, or shelter, that when a not-for-profit animal rescue, animal adoption organization, or organiza- tion for the prevention of cruelty to animals requests to assume care of the animal it will be transferred to that group's possession   SUMMARY OF SPECIFIC PROVISIONS: Section 1: - This act shall be known and may be cited as the "Companion Animal Access and Rescue Act" (CAARA). Section 2: -Amends subdivisions 3, 4, 6, 7-a and 8 of section 117 of the agriculture and markets law to establish that the animal is to be cared for in accordance with the provisions of 373-a of the agriculture and markets law. -Sets guidelines for owners to claim their impounded animal from rescue organizations Section 3: -Amends the agriculture and markets law by adding a new section 373-a to set the responsibilities of the impounding organization and guidelines for how the impounded animal is to be cared for. Section 4: -Amends subdivision 2 of section 374 of the agriculture and markets law as amended by chapter 449 of the laws of 20 10 to allow the impounding organization to make impounded animals available for adoption if they have not been claimed after 5 days. Section 5: -Amends section 374 of the agriculture and markets law by adding a new subdivision 9 to set guidelines for what steps and condi- tions must be met for an animal to be destroyed. Section 6: -Sets effective date.   JUSTIFICATION: Animal welfare organizations should work collectively to ensure that animals are not put to death where responsible alterna- tives exist. In California, the Hayden Law of 1998 includes a provision, which this bill is modeled after, allowing not-for-profit animal rescue or animal adoption organizations to request possession of a dog or cat prior to its killing. Also, in 2010 Delaware passed similar legislation that seeks to find sheltered animals homes, rather than euthanize them. Both bills passed with overwhelming bipartisan support. In California, the bill was approved by a vote of 96 to 12. In Delaware, the bill passed both houses of the legislature unanimously. The Companion Animal Access and Rescue Act (CAARA) would require that a not-for-profit animal rescue or adoption organization must be granted possession of an animal, on request, if a shelter, society for the prevention of cruelty to animals, humane society or pound plans to destroy the animal. The act would not apply in cases where the animal is physically suffering or is exhibiting signs of rabies. A regular adoption fee, in addition to a spay or neuter deposit, could be assessed to the adoptive organization under this act. This bill also goes a step further by outlining the responsibilities of those working in animal shelters and setting guidelines for how the animal is to be cared for while in their possession. These provisions cover everything from food and exercise requirements to maintaining lists, both on paper and on the Internet, of the animals currently in the shelter's possession to help facilitate finding these animals homes. CAARA will also save the public money. The costs associated With both housing and caring for shelter animals, along with euthanizing them, is a burden placed on taxpayers. As more private rescue groups and humane societies are given access to these animals, we can save taxpayers money in these economically challenging times.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A07312 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7312--C
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 29, 2011
                                       ___________
 
        Introduced  by  M. of A. KELLNER, TITONE, RAIA, COLTON, ZEBROWSKI, MILL-
          MAN, CAMARA, ENGLEBRIGHT, BROOK-KRASNY, MOYA,  WEPRIN  --  Multi-Spon-
          sored  by  --  M.  of A. CURRAN, GABRYSZAK, GIBSON, GOTTFRIED, HEVESI,
          KATZ, LUPARDO, MARKEY, McDONOUGH, McENENY, MONTESANO, RABBITT, TENNEY,
          WEISENBERG -- read once and referred to the Committee  on  Agriculture

          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee -- recommitted  to  the  Committee  on  Agriculture  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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    § 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 and such section as renumbered by
     6  section  12 of part T of chapter 59 of the laws of 2010, subdivision 7-a
     7  as amended by chapter 83 of the  laws  of  2011  and  subdivision  8  as
     8  amended  by  chapter  221  of  the  laws of 1978, are amended to read as
     9  follows:
    10    3. [Each] Notwithstanding any state or local law to the contrary, each
    11  dog seized in accordance with the provisions of this  article  shall  be
    12  properly  sheltered,  fed  [and],  watered [for the redemption period as


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10491-13-1

        A. 7312--C                          2

     1  hereinafter provided] and cared for in accordance with the provisions of
     2  section three hundred seventy-three-a of this chapter.
     3    [4.  Each  dog which is not identified, whether or not licensed, shall
     4  be held for a period of five days from the day seized during which peri-
     5  od the dog may be redeemed  by  its  owner,  provided  that  such  owner
     6  produces  proof  that  the dog has been licensed and has been identified

     7  pursuant to the provisions of this article and further provided that the
     8  owner pays the following impoundment fees:
     9    (a) not less than ten dollars for the first  impoundment  of  any  dog
    10  owned by that person;
    11    (b)  not  less  than twenty dollars for the first twenty-four hours or
    12  part thereof and three dollars for each additional twenty-four hours  or
    13  part  thereof  for  the second impoundment, within one year of the first
    14  impoundment, of any dog owned by that person; or
    15    (c) not less than thirty dollars for the first  twenty-four  hours  or
    16  part  thereof and three dollars for each additional twenty-four hours or
    17  part thereof for the third and subsequent impoundments, within one  year

    18  of the first impoundment, of any dog owned by that person.
    19    The  impoundment fees set forth in paragraphs (a), (b) and (c) of this
    20  subdivision notwithstanding, any municipality may set by  local  law  or
    21  ordinance such fees in any amount.]
    22    6.  [Promptly] Notwithstanding any state or local law to the contrary,
    23  promptly upon seizure of any identified dog, the owner of record of such
    24  dog shall be notified personally or by certified  mail,  return  receipt
    25  requested,  of the facts of seizure and the procedure for redemption. If
    26  notification is personally given, such dog shall be held for  a  minimum
    27  period of [seven] nine days after day of notice, during which period the
    28  dog  may be redeemed by the owner. If such notification is made by mail,

    29  such dog shall be held for a period of [nine] twelve days from the  date
    30  of mailing, during which period the dog may be redeemed by the owner. In
    31  either case, the owner may redeem such dog upon payment of the following
    32  impoundment fees [prescribed by subdivision four of this section] and by
    33  producing proof that the dog has been licensed[.]:
    34    (a)  not  less  than  ten dollars for the first impoundment of any dog
    35  owned by that person;
    36    (b) not less than twenty dollars for the first  twenty-four  hours  or
    37  part  thereof and three dollars for each additional twenty-four hours or
    38  part thereof for the second impoundment, within one year  of  the  first
    39  impoundment, of any dog owned by that person; or

    40    (c)  not  less  than thirty dollars for the first twenty-four hours or
    41  part thereof and three dollars for each additional twenty-four hours  or
    42  part  thereof for the third and subsequent impoundments, within one year
    43  of the first impoundment, of any dog owned by that person.
    44    7-a. Any animal in the custody of a [pound] society for the prevention
    45  of cruelty to animals, humane society, pound or shelter  shall  be  made
    46  available  for adoption or euthanized subject to subdivisions six, eight
    47  and nine of this section and subject to the provisions of section  three
    48  hundred  seventy-four  of this chapter after the time for redemption has
    49  expired; provided, however, that such release may  be  made  to  another
    50  such  pound,  duly incorporated society for the prevention of cruelty to

    51  animals, duly incorporated humane society or  duly  incorporated  animal
    52  protective association for the sole purpose of placing such animal in an
    53  adoptive  home,  when  such action is reasonably believed to improve the
    54  opportunity for adoption.
    55    8. The redemption periods set forth above  in  this  section  notwith-
    56  standing, any municipality may establish the duration of such periods by

        A. 7312--C                          3
 
     1  local  law or ordinance, provided that no such period shall be less than
     2  [three] five days, except that where notice to the  owner  is  given  by
     3  mail, no such period shall be less than [seven] twelve days.
     4    §  3.  The  agriculture  and  markets  law  is amended by adding a new
     5  section 373-a to read as follows:

     6    § 373-a. Care of impounded  animals.  1.  Any  officer  or  impounding
     7  organization  taking  possession  of  any  animal in accordance with the
     8  provisions of this chapter, regardless of whether the animal's owner  is
     9  identified  or  not  identified,  shall  provide  the  animal during the
    10  entirety of the animal's custody or constructive custody with:
    11    a. fresh food and fresh water on at least a daily basis;
    12    b. environmental enrichment such as socialization, toys and treats  to
    13  promote the animal's psychological well-being;
    14    c.  regular  daily  exercise  suitable  to  the  animal's physical and
    15  psychological condition;
    16    d. clean living environments, including but not limited to  the  cage,

    17  kennel and/or space where the animal is housed. Such areas shall prompt-
    18  ly  receive necessary cleaning to ensure environments that are welcoming
    19  to the public and hygienic for both  the  public  and  animals,  and  to
    20  prevent  disease.  All  animals  shall be temporarily removed from their
    21  cages, kennels, or other  living  environments  during  the  process  of
    22  cleaning  to  prevent  them  from  being  exposed to water from hoses or
    23  sprays, cleaning solutions, detergents, solvents, and/or chemicals; and
    24    e. prompt and necessary veterinary care, including but not limited  to
    25  preventative  vaccinations,  parasite control, cage rest, fluid therapy,
    26  pain management, and/or antibiotics, sufficient to alleviate any pain or

    27  suffering caused by disease or injury, to prevent a condition from wors-
    28  ening, and to allow the animal to leave the shelter in reasonable condi-
    29  tion, even if the animal is not a candidate for redemption, transfer, or
    30  adoption.
    31    2. Upon taking possession of any animal,  any  officer  or  impounding
    32  organization  taking  possession  of  any animal impounded in accordance
    33  with the provisions of this chapter shall:
    34    a. ensure that the animal is  checked  for  all  currently  acceptable
    35  methods  of  identification,  including microchips, identification tags,
    36  collars, tattoos, and licenses;
    37    b. maintain lists, updated  not  less  than  once  daily,  of  animals

    38  reported  lost  in  the  geographic  area  served by the facility having
    39  custody of the  animal,  and  compare  the  lost  reports  with  animals
    40  reported found and animals in the shelter; and
    41    c.  post  a  description  of  each  stray  animal on the Internet on a
    42  website maintained for that purpose. The  description  shall  be  suffi-
    43  ciently detailed to allow the animal to be recognized and claimed by its
    44  owner, and shall include but not be limited to descriptions of identifi-
    45  cation  found  on  the  animal,  the breed, approximate size and weight,
    46  coloring and identifying marks, the date and hour of seizure, the  offi-
    47  cial  identification  number  of such animal, if any, the location where

    48  found, the reason for impound, and the  owner's  name  and  address,  if
    49  known.
    50    3.  If identification is found on an animal, the officer or impounding
    51  organization shall, upon taking  possession  of  the  animal,  undertake
    52  reasonable  efforts  to notify the owner or caretaker of the location of
    53  the animal and the procedures available for the lawful recovery  of  the
    54  animal.  These  efforts shall include, but are not limited to, notifying
    55  the possible owner by telephone, mail, or personal service to  the  last
    56  known  address.  The officer or impounding organization shall, following

        A. 7312--C                          4
 
     1  the initiation of efforts to  notify  the  owner  or  caretaker,  retain

     2  custody  of  the  animal  for a minimum period of nine days to allow for
     3  redemption.
     4    4.  a.  No animal in the possession of an officer or impounding organ-
     5  ization shall be destroyed except in accordance with the  provisions  of
     6  this  section  and  section  three hundred seventy-four of this article.
     7  Before an animal is destroyed, all of the following conditions  must  be
     8  met:
     9    (1) there are no empty cages, kennels, or other living environments at
    10  the  impounding  organization's  facilities or at any associated facili-
    11  ties; and
    12    (2) the animal cannot share a  cage  or  kennel  with  another  animal
    13  because  the  animal  is  aggressive  to other animals, has a contagious

    14  illness the other animal does not have, or is injured  and  sharing  the
    15  cage with another animal will aggravate the injury; and
    16    (3) a foster home is not available; and
    17    (4)  animal  rescue  or adoption organizations or organizations formed
    18  for the prevention of cruelty to animals have been notified of the sche-
    19  duled euthanasia pursuant to  the  provisions  of  subdivision  nine  of
    20  section  three  hundred  seventy-four  of  this article and there are no
    21  animal rescue or adoption organizations or organizations formed for  the
    22  prevention of cruelty to animals willing to accept the animal; and
    23    (5) all mandates, programs and services of this chapter have been met;
    24  and

    25    (6)  the director of the impounding organization having custody of the
    26  animal certifies he or she has no other alternative.
    27    b. The provisions of this subdivision shall not apply to:
    28    (1) an animal who is experiencing irremediable physical suffering with
    29  a prognosis for recovery that is poor or grave even  with  comprehensive
    30  prompt  and  necessary  veterinary  care,  as  certified in writing by a
    31  veterinarian licensed to practice medicine in this state; or
    32    (2) an animal suspected to carry and exhibiting  signs  of  rabies  as
    33  certified  in writing by a veterinarian licensed to practice medicine in
    34  this state; or
    35    (3) a symptomatic dog with a confirmed case of parvovirus with a prog-

    36  nosis for recovery that is poor or grave even with comprehensive  prompt
    37  and  necessary veterinary care as certified in writing by a veterinarian
    38  licensed to practice medicine in this state; or
    39    (4) a symptomatic cat with a confirmed case of  panleukopenia  with  a
    40  prognosis  for  recovery  that  is poor or grave even with comprehensive
    41  prompt and necessary veterinary care as certified in writing by a veter-
    42  inarian licensed to practice medicine in this state; or
    43    (5) an animal that has been determined by  a  court  having  competent
    44  jurisdiction  to  be dangerous pursuant to the provisions of section one
    45  hundred twenty-three of this chapter; or
    46    (6) a dog with a history of unprovoked biting  that  has  resulted  in

    47  severe  injury  to a human being and which was documented by the officer
    48  or impounding organization prior to the current impound of  the  animal.
    49  Documentation must consist of medical reports made at the time the prior
    50  bite incident occurred or was reported, as well as medical reports docu-
    51  menting the circumstances of the bite and the severity of the injury.
    52    c. The determination that all conditions of paragraph a of this subdi-
    53  vision  have  been met or that one or more of the exceptions under para-
    54  graph b of this subdivision apply shall be made in  writing,  signed  by
    55  the  director  of  the  agency,  and  be  made available for free public
    56  inspection for no less than three years.

        A. 7312--C                          5

 
     1    5. Each officer or impounding organization shall post, in a  conspicu-
     2  ous  place  at the location where animals are being relinquished, a sign
     3  which is clearly visible and readable from  any  vantage  point  in  the
     4  area,  containing the following information, identified by species-type,
     5  and  shall post such information on the internet in a website maintained
     6  for that purpose, and shall provide such information in writing,  at  no
     7  cost, to any person requesting the information:
     8    a.  the  number  of animals impounded at the facility during the prior
     9  calendar year; and
    10    b. the number of animals impounded during the prior calendar year  who
    11  were adopted; and

    12    c.  the number of animals impounded during the prior calendar year who
    13  were transferred to other agencies for adoption; and
    14    d. the number of animals impounded during the prior calendar year  who
    15  were reclaimed by their owners; and
    16    e.  the number of animals impounded during the prior calendar year who
    17  died, were lost, and/or were stolen; and
    18    f. the number of animals impounded during the prior calendar year  who
    19  were destroyed.
    20    6. As used in this section:
    21    a.  "impounding organization" shall have the meaning defined in subdi-
    22  vision six of section three hundred seventy-three of this article;
    23    b. "officer" means a dog control  officer  or  peace  officer,  acting

    24  pursuant  to  his or her special duties, or police officer in the employ
    25  or under contract to a municipality;
    26    c. "severe injury" means any physical injury that  results  in  broken
    27  bones, permanently disfiguring lacerations requiring multiple sutures or
    28  cosmetic surgery; and
    29    d.  "unprovoked  bite"  means  a  bite that is not provoked. A bite is
    30  provoked if, among other things, it occurs because  the  dog  was  being
    31  taunted,  or  the  dog  was acting in defense of self, a person, another
    32  animal, or property, or the dog was acting from  maternal  instinct,  or
    33  the  dog  was  reacting to hunger, pain, or fear, or the dog bites acci-
    34  dentally, as when playing.
    35    § 4. Subdivision 2 of section 374 of the agriculture and markets  law,

    36  as  amended  by  chapter  449 of the laws of 2010, is amended to read as
    37  follows:
    38    2. In the absence of such findings or certification, a  duly  incorpo-
    39  rated  humane society, a duly incorporated society for the prevention of
    40  cruelty to animals, or any pound maintained  by  or  under  contract  or
    41  agreement  with  any  county,  city, town or village may after five days
    42  make available for adoption or have  humanely  destroyed  in  accordance
    43  with  the  provisions of this section and subject to subdivision four of
    44  section three hundred seventy-three-a of this article and to subdivision
    45  nine of this section and to subdivisions six, eight and nine of  section
    46  one  hundred  [eighteen]  seventeen of this chapter, any animal of which
    47  possession is taken as provided for in the preceding section, unless the

    48  same is earlier redeemed by its owner.
    49    § 5. Section 374 of the agriculture and  markets  law  is  amended  by
    50  adding a new subdivision 9 to read as follows:
    51    9. a.  No animal in the care or custody of a duly incorporated society
    52  for  the  prevention  of  cruelty to animals, a duly incorporated humane
    53  society, or a pound  or  shelter,  whether  such  entity  be  public  or
    54  private,  shall be destroyed if, prior to the killing of that animal for
    55  any reason other than irremediable physical suffering of the animal upon
    56  a certification made in writing and signed by a veterinarian licensed to

        A. 7312--C                          6
 
     1  practice medicine in the state that the prognosis for recovery  is  poor

     2  or grave even with comprehensive prompt and necessary veterinary care, a
     3  nonprofit,  as defined in Section 501(c)(3) of the Internal Revenue Code
     4  animal  rescue  or  adoption organization or organization formed for the
     5  prevention of cruelty to animals  requests  possession  of  the  animal.
     6  Only  for  purposes of establishing the initial relationship between the
     7  shelter and the animal adoption or rescue organization  or  organization
     8  formed for the prevention of cruelty to animals, the shelter may request
     9  that  the  animal adoption or rescue organization or organization formed
    10  for the prevention of cruelty to animals provide one time proof that  it
    11  has  been in existence for at least one year, and the organization has a

    12  relationship with a licensed veterinarian. Proof of the one year  rescue
    13  threshold  shall  be conclusively established by a copy of the organiza-
    14  tion's articles of incorporation showing an  incorporation  date  of  at
    15  least  one  year  past, or a letter from a licensed veterinarian stating
    16  that the veterinarian has been treating animals rescued by the organiza-
    17  tion for at least one year, or through other objective criteria such  as
    18  a dated advertisement concerning the rescue efforts of the organization.
    19  Proof  of  a  relationship with a licensed veterinarian shall be conclu-
    20  sively established by a letter from a licensed  veterinarian  confirming
    21  the  relationship.   In addition to any required spay or neuter deposit,

    22  the facility having possession of the animal,  at  its  discretion,  may
    23  assess  a  fee,  not  to  exceed  the standard adoption fee, for animals
    24  released to such organizations.
    25    b. (1) An animal  rescue  or  adoption  organization  or  organization
    26  formed  for  the  prevention  of cruelty to animals interested in taking
    27  possession of one or more animals pursuant to  the  provisions  of  this
    28  subdivision  shall  notify  the society for the prevention of cruelty to
    29  animals, the humane society, pound or shelter,  as  applicable,  of  its
    30  desire  to  do  so  and  shall provide the society for the prevention of
    31  cruelty to animals, the humane society, pound or  shelter  with  contact

    32  information  for the animal rescue or adoption organization or organiza-
    33  tion formed for the prevention of cruelty to animals.  An animal  rescue
    34  or  adoption  organization  or organization formed for the prevention of
    35  cruelty to animals may, at its option, file one notice  with  a  society
    36  for the prevention of cruelty to animals, humane society, pound or shel-
    37  ter  requesting that it be notified of all animals held by that facility
    38  and scheduled for euthanasia.
    39    (2) At least one business day prior to the scheduled euthanasia of  an
    40  animal,  the  facility  having  possession  of  the animal shall provide
    41  notice to the animal rescue or  adoption  organization  or  organization

    42  formed  for the prevention of cruelty to animals of the scheduled eutha-
    43  nasia by:
    44    (A) posting of the identification number of such animal on the website
    45  of the facility having possession of the animal by direct link from  the
    46  facility's website home page if they currently have one; or
    47    (B) by contacting the animal rescue or adoption organization or organ-
    48  ization  formed for the prevention of cruelty to animals directly by one
    49  or more of the following means:
    50    (i) e-mail to the e-mail address on file;
    51    (ii) phone to the phone number on file;
    52    (iii) text message to the phone number on file;
    53    (iv) fax to the fax number on file; or

    54    (v) any other means of electronic written communication as provided by
    55  the animal rescue or adoption organization or  organization  formed  for
    56  the prevention of cruelty to animals.

        A. 7312--C                          7
 
     1    (3)  An  animal rescue or adoption organization or organization formed
     2  for the prevention of cruelty to animals intending to take possession of
     3  an animal scheduled for euthanasia  shall  notify  the  facility  having
     4  possession of the animal of the animal rescue or adoption organization's
     5  or  organization formed for the prevention of cruelty to animals' intent
     6  to take possession of the animal, at any  time  prior  to  the  animal's

     7  euthanasia,  by  phone,  e-mail,  fax, text message, or other electronic
     8  written request.
     9    (4) An animal rescue or adoption organization or  organization  formed
    10  for  the prevention of cruelty to animals taking possession of an animal
    11  pursuant to the provisions of this subdivision shall do  so  within  two
    12  business  days of the time the organization notifies the society for the
    13  prevention of cruelty to animals, humane society, or a pound or  shelter
    14  possessing  the animal, as applicable, that it is seeking custody of the
    15  animal, not including the day upon which the notice is given.
    16    c. Upon taking possession of an animal, an animal rescue  or  adoption
    17  organization  or  organization  formed  for the prevention of cruelty to

    18  animals shall assume all liability for the animal while the animal is in
    19  the custody and control of the organization; provided that the organiza-
    20  tion shall not be deemed responsible for harm caused to or by the animal
    21  that:
    22    (1) occurred prior to the time the organization assumed possession  of
    23  the animal; or
    24    (2)  is  due  to the acts or omissions of a person not associated with
    25  the organization.
    26    d. The provisions of this subdivision shall not apply to:
    27    (1) an animal suspected to carry and exhibiting signs  of  rabies,  as
    28  determined by a licensed veterinarian;
    29    (2) symptomatic dogs with confirmed cases of parvovirus upon a certif-

    30  ication  made  in writing and signed by a veterinarian licensed to prac-
    31  tice medicine in the state that the prognosis for recovery  is  poor  or
    32  grave even with comprehensive prompt and necessary veterinary care;
    33    (3)  symptomatic  cats  with  confirmed  cases of panleukopenia upon a
    34  certification made in writing and signed by a veterinarian  licensed  to
    35  practice  medicine  in the state that the prognosis for recovery is poor
    36  or grave even with comprehensive prompt and necessary veterinary care;
    37    (4) an animal that has been determined by  a  court  having  competent
    38  jurisdiction  to  be dangerous pursuant to the provisions of section one
    39  hundred twenty-three of this chapter; or

    40    (5) a dog with a history of unprovoked biting  that  has  resulted  in
    41  severe  injury  to a human being and which was documented by the society
    42  for the prevention of cruelty to animals, the humane society,  pound  or
    43  shelter,  as  applicable,  prior  to  the current impound of the animal.
    44  Documentation must consist of medical reports made at the time the prior
    45  bite incident occurred or was reported, as well as medical records docu-
    46  menting the circumstances of the bite and the severity  of  the  injury.
    47  The  documentation shall be kept on file with the documenting entity for
    48  three years.
    49    (6) As used in this subdivision: (A) "severe injury" means  any  phys-
    50  ical injury that results in broken bones, permanently disfiguring lacer-

    51  ations requiring multiple sutures or cosmetic surgery; and
    52    (B)  "unprovoked  biting" means biting that is not provoked. Biting is
    53  provoked if, among other things, it occurs because  the  dog  was  being
    54  taunted,  or  the  dog  was acting in defense of self, a person, another
    55  animal, or property, or the dog was acting from  maternal  instinct,  or

        A. 7312--C                          8
 
     1  the  dog  was  reacting to hunger, pain, or fear, or the dog bites acci-
     2  dentally, as when playing.
     3    e.  (1)  Any  animal  rescue  or adoption organization or organization
     4  formed for the prevention of cruelty to animals having an officer, board
     5  member, staff member or volunteer who has been convicted of  a  criminal

     6  offense  having  as  its  primary effect the prevention or punishment of
     7  animal neglect or animal cruelty or dog  fighting  shall  be  prohibited
     8  from  being an adoptive organization under the terms of this subdivision
     9  until such time as that officer, board member, staff member or volunteer
    10  is no longer associated with the organization.
    11    (2) Any animal rescue or adoption organization or organization  formed
    12  for  the  prevention  of  cruelty  to  animals  having an officer, board
    13  member, staff member or volunteer against whom charges of violating  the
    14  provisions  of  a statute having as its primary effect the prevention or
    15  punishment of animal neglect or animal cruelty or dog fighting are pend-

    16  ing in a court of law shall be prohibited from being an adoptive  organ-
    17  ization  under  the  terms  of  this subdivision until such time as that
    18  officer, board member, staff member or volunteer is no longer associated
    19  with the organization or such charges are dismissed or dropped.
    20    (3)(A) If the society for the prevention of cruelty  to  animals,  the
    21  humane  society,  pound  or  shelter  has  legally sufficient reasonable
    22  suspicion to believe that the placement of an animal with  a  particular
    23  animal  rescue  or  adoption organization or organization formed for the
    24  prevention of cruelty to animals will expose the animal to  a  situation
    25  involving  criminal  neglect or cruelty to animals, it may condition the

    26  release of the animal to such animal rescue or adoption organization  or
    27  organization  formed  for  the prevention of cruelty to animals upon the
    28  conduct of an inspection of the animal rescue or adoption organization's
    29  facility to which that animal is going.
    30    (B)  The  need  for  and  reasonable  suspicion  for  requesting  such
    31  inspection  may  not  be  determined  solely  on  the basis of anonymous
    32  complaints except if made by a relative of the  rescuer.  Upon  request,
    33  the  society for the prevention of cruelty to animals, the humane socie-
    34  ty, pound or shelter, as applicable shall divulge to the  animal  rescue
    35  or  adoption  organization  or organization formed for the prevention of

    36  cruelty to animals any and all information pertaining  to  its  determi-
    37  nation  of  reasonable  suspicion  for  an inspection, provided that the
    38  shelter can excise the name of the complainant.
    39    (C) The animal rescue or adoption organization or organization  formed
    40  for  the  prevention  of  cruelty  to animals may agree to or refuse the
    41  inspection. If the organization agrees to an inspection, such inspection
    42  shall be conducted within forty-eight hours of the time the organization
    43  agrees to the inspection. If the inspection is not conducted within  the
    44  forty-eight  hour  period, the right to an inspection shall be deemed to
    45  have been waived. If the organization refused the inspection, the socie-

    46  ty for the prevention of cruelty to animals, the humane  society,  pound
    47  or  shelter,  as  applicable,  may  decline to place the animal with the
    48  refusing organization.
    49    (D) The inspection authorized by the provisions of  this  subparagraph
    50  shall be conducted by a peace officer, as defined in section 2.10 of the
    51  criminal procedure law, who is authorized to investigate crimes pursuant
    52  to his or her regular duties.
    53    (E)  The inspected animal rescue or adoption organization or organiza-
    54  tion formed for the prevention of cruelty to animals shall  be  notified
    55  of the results of the inspection and whether the animal will be released
    56  to the animal rescue or adoption organization or organization formed for


        A. 7312--C                          9
 
     1  the  prevention  of  cruelty  to animals within twenty-four hours of the
     2  completion of the inspection.
     3    (F)  A  filing  of  criminal  neglect  or  cruelty  charges  following
     4  inspection as provided in this subparagraph  will  constitute  a  failed
     5  inspection.
     6    (G)  No  animal  shall  be  destroyed until at least twenty-four hours
     7  after the filing of  criminal  charges  against  the  animal  rescue  or
     8  adoption  organization  or  organization  formed  for  the prevention of
     9  cruelty to animals and provided no other organization has requested  the
    10  animal.
    11    (H)  An  animal  whose  placement  is  the subject of an inspection as

    12  provided in this subparagraph may be released prior  to  or  during  the
    13  conduct  of an inspection to another animal rescue or adoption organiza-
    14  tion or organization formed for the prevention  of  cruelty  to  animals
    15  that requests the animal.
    16    f.  As  used  in  this  subdivision, "irremediable physical suffering"
    17  means that the animal suffers from a medical condition that has  a  poor
    18  or  grave  prognosis  and that the animal is unlikely to be able to live
    19  without prolonged, severe and unremitting pain despite necessary veteri-
    20  nary care.
    21    § 6. This act shall take effect immediately.
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