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See Summary
S T A T E O F N E W Y O R K
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999--B
R. R. 103
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PAULIN, CUSICK, GALEF, ROSENTHAL, SPANO, PHEFFER
-- Multi-Sponsored by -- M. of A. McENENY, MILLMAN, SCHIMMINGER --
read once and referred to the Committee on Agriculture -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- amended on the special order of third reading,
ordered reprinted as amended, retaining its place on the special order
of third reading
AN ACT to amend the agriculture and markets law, in relation to the
humane destruction or disposition of certain animals; and repealing
certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 2-a, 2-b, 2-c, 2-d and 2-e of section 374 of
2 the agriculture and markets law are REPEALED.
3 S 2. Subdivisions 1 and 2 of section 374 of the agriculture and
4 markets law, as added by chapter 545 of the laws of 1971, are amended to
5 read as follows:
6 1. Any agent or officer of [the American Society for the Prevention of
7 Cruelty to Animals, or of any society duly incorporated for that
8 purpose] A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
9 ANIMALS, ANY DOG CONTROL OFFICER, or any police officer, may lawfully
10 [and humanely destroy or] cause to be humanely destroyed (BY MEANS
11 PROVIDED FOR IN PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION) any
12 animal found abandoned and not properly cared for, or any lost, strayed,
13 homeless or unwanted animal, if upon examination a licensed [veterinary
14 surgeon] VETERINARIAN shall certify in writing, or if two reputable
15 citizens called [by him] UPON BY SUCH AGENT, OFFICER OR POLICE OFFICER
16 to view the same in his OR HER presence find that the animal is so
17 maimed, diseased, disabled, or infirm so as to be unfit for any useful
18 purpose AND THAT HUMANE EUTHANASIA IS WARRANTED; or after such agent
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00470-05-9
A. 999--B 2
1 [or], officer OR POLICE OFFICER has obtained in writing from the owner
2 of such animal his OR HER consent to such destruction.
3 2. In the absence of such findings or [certificate the American Socie-
4 ty for the Prevention of Cruelty to Animals or any society duly incorpo-
5 rated for that purpose] CERTIFICATION A DULY INCORPORATED SOCIETY FOR
6 THE PREVENTION OF CRUELTY TO ANIMALS, OR ANY POUND MAINTAINED BY OR
7 UNDER CONTRACT OR AGREEMENT WITH ANY COUNTY, CITY, TOWN OR VILLAGE may
8 after five days [humanely destroy] MAKE AVAILABLE FOR ADOPTION OR HAVE
9 HUMANELY DESTROYED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND
10 SUBJECT TO SUBDIVISIONS SIX, EIGHT AND NINE OF SECTION ONE HUNDRED EIGH-
11 TEEN OF THIS CHAPTER, any animal of which possession is taken as
12 provided for in the preceding section, unless the same is earlier
13 redeemed by its owner.
14 S 3. Subdivisions 3, 4 and 5 of section 374 of the agriculture and
15 markets law are renumbered subdivisions 6, 7 and 8 and three new subdi-
16 visions 3, 4 and 5 are added to read as follows:
17 3. A. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, EUTHANA-
18 SIA OF ANIMALS PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED SOLELY BY
19 MEANS OF INJECTION OF SODIUM PENTOBARBITAL OR SODIUM PENTOBARBITAL
20 SOLUTION ADMINISTERED BY A CERTIFIED EUTHANASIA TECHNICIAN, A LICENSED
21 VETERINARIAN OR A LICENSED VETERINARY TECHNICIAN. EUTHANASIA BY INTRA-
22 CARDIAC INJECTION OF SODIUM PENTOBARBITAL OR SODIUM PENTOBARBITAL
23 SOLUTION SHALL BE PERFORMED ONLY UPON ANIMALS THAT ARE HEAVILY SEDATED,
24 ANESTHETIZED, OR COMATOSE. HOWEVER, ONLY A LICENSED VETERINARIAN MAY
25 PERFORM EUTHANASIA BY INTRACARDIAC INJECTION OF SODIUM PENTOBARBITAL OR
26 SODIUM PENTOBARBITAL SOLUTION UPON ANIMALS THAT ARE NOT HEAVILY SEDATED,
27 ANESTHETIZED OR COMATOSE AND ONLY WHEN SUCH LICENSED VETERINARIAN DETER-
28 MINES THAT SUCH INTRACARDIAC INJECTION IS THE MOST HUMANE OPTION AVAIL-
29 ABLE. WHENEVER A CARDIAC INJECTION OF SODIUM PENTOBARBITAL OR SODIUM
30 PENTOBARBITAL SOLUTION IS ADMINISTERED BY A LICENSED VETERINARIAN UPON
31 AN ANIMAL THAT IS NOT HEAVILY SEDATED, ANESTHETIZED OR COMATOSE, SUCH
32 VETERINARIAN MUST DOCUMENT, IN WRITING, THE ADMINISTRATION OF SUCH
33 INJECTION AND THE REASON FOR ITS ADMINISTRATION. SUCH DOCUMENTATION
34 SHALL BE RETAINED FOR AT LEAST THREE YEARS. UNDER NO CIRCUMSTANCES SHALL
35 INTRACARDIAC INJECTION BE PERFORMED ON ANIMALS THAT ARE NOT HEAVILY
36 SEDATED, ANESTHETIZED OR COMATOSE WHERE SUCH ANIMALS ARE UNDER THE CARE
37 OF ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
38 ANIMALS, ANIMAL SHELTER, HUMANE SOCIETY OR POUND.
39 B. NO ANIMAL SHALL BE LEFT UNATTENDED BETWEEN THE TIME THAT THE EUTHA-
40 NASIA PROCEDURE BEGINS AND THE TIME WHEN DEATH IS CONFIRMED. THE BODY
41 OF A EUTHANIZED ANIMAL SHALL NOT BE DISPOSED OF IN ANY MANNER UNTIL
42 DEATH IS CONFIRMED BY A LICENSED VETERINARIAN, A CERTIFIED EUTHANASIA
43 TECHNICIAN OR A LICENSED VETERINARY TECHNICIAN. VIOLATIONS OF THIS
44 PARAGRAPH SHALL BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN FIVE
45 HUNDRED DOLLARS.
46 THE DEPARTMENT OF HEALTH SHALL PROMULGATE REGULATIONS DEEMED NECESSARY
47 FOR IMPLEMENTATION OF THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
48 REGULATIONS GOVERNING THE TRAINING AND CERTIFICATION OF CERTIFIED EUTHA-
49 NASIA TECHNICIANS.
50 4. A. ANY METHOD OF EUTHANASIA OTHER THAN THAT PROVIDED FOR IN SUBDI-
51 VISION THREE OF THIS SECTION IS PROHIBITED EXCEPT THAT EUTHANASIA OF AN
52 ANIMAL BY GUNSHOT IS PERMISSIBLE AS AN EMERGENCY MEASURE FOR AN ANIMAL
53 THAT IS POSING AN IMMINENT THREAT OF SERIOUS PHYSICAL INJURY TO A PERSON
54 OR TO ANOTHER ANIMAL AS PROVIDED IN SECTION ONE HUNDRED TWENTY-ONE-A OF
55 THIS CHAPTER AND WHERE THE USE OF A HUMANE METHOD OF EUTHANASIA
A. 999--B 3
1 PRESCRIBED IN THIS SECTION IS RENDERED IMPOSSIBLE OR WHERE A SEVERELY
2 INJURED ANIMAL IS SUFFERING AND CANNOT OTHERWISE BE AIDED.
3 B. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, ANY
4 CHAMBER USED TO INDUCE HYPOXIA BY MEANS OF A LETHAL GAS SHALL BE DISMAN-
5 TLED, RENDERED INOPERABLE AND BEYOND REPAIR, AND REMOVED FROM THE PREM-
6 ISES. VIOLATIONS OF THIS PARAGRAPH SHALL BE PUNISHABLE BY A CIVIL
7 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.
8 5. NO PERSON SHALL RELEASE ANY DOG OR CAT FROM THE CUSTODY OR CONTROL
9 OF ANY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
10 HUMANE SOCIETY, DOG PROTECTIVE ASSOCIATION, DOG CONTROL OFFICER, PEACE
11 OFFICER OR ANY AGENT THEREOF, FOR ANY PURPOSE EXCEPT ADOPTION OR REDEMP-
12 TION BY ITS OWNER. NOTWITHSTANDING THE PENALTIES SET FORTH IN PARAGRAPH
13 B OF SUBDIVISION THREE OF THIS SECTION AND PARAGRAPH B OF SUBDIVISION
14 FOUR OF THIS SECTION, ANY VIOLATION OF THIS SUBDIVISION, SUBDIVISION
15 TWO, THREE OR FOUR OF THIS SECTION, SHALL CONSTITUTE A MISDEMEANOR AND
16 SHALL BE PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A
17 FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
18 S 4. Paragraphs b and e of subdivision 8 of section 374 of the agri-
19 culture and markets law, as added by chapter 569 of the laws of 1995 and
20 such subdivision as renumbered by section three of this act, are amended
21 to read as follows:
22 b. Pursuant to the provisions of subdivisions [two-a, two-b, two-c and
23 two-d] TWO, THREE, FOUR AND FIVE of this section, no dog or cat in the
24 custody of a duly incorporated society for the prevention of cruelty to
25 animals, a duly incorporated humane society or its authorized agents
26 thereof, or a pound or shelter, shall be sold, transferred or otherwise
27 made available to any person for the purpose of research, experimenta-
28 tion or testing. No authorized agent of a duly incorporated society for
29 the prevention of cruelty to animals, nor of a duly incorporated humane
30 society, shall use any animal placed in its custody by the duly incorpo-
31 rated society for the prevention of cruelty to animals or duly incorpo-
32 rated humane society for the purpose of research, experimentation or
33 testing.
34 e. A duly incorporated society for the prevention of cruelty to
35 animals or a duly incorporated humane society in charge of animals
36 forfeited pursuant to paragraph a of this subdivision may, in its
37 discretion, lawfully and without liability, adopt them to individuals
38 other than the convicted person or person dwelling in the same household
39 who conspired, aided or abetted in the unlawful act which was the basis
40 of the conviction, or who knew or should have known of the unlawful act,
41 or humanely dispose of them according to the provisions of subdivisions
42 [two-a, two-b, two-c, and two-d] TWO, THREE, FOUR AND FIVE of this
43 section.
44 S 5. Section 332 of the agriculture and markets law, as amended by
45 chapter 674 of the laws of 1980, is amended to read as follows:
46 S 332. Disposition. Any person having in his care, custody, or control
47 any abandoned animal, as defined in section three hundred thirty-one of
48 this [chapter] ARTICLE, may deliver such animal to any [humane society
49 or] DULY INCORPORATED society for the prevention of cruelty to animals
50 having facilities for the care and eventual disposition of such animals,
51 or, in the case of dogs, cats and other small animals, to any pound
52 maintained by or under contract or agreement with any county, city,
53 town, or village within which such animal was abandoned. The person with
54 whom the animal was abandoned shall, however, on the day of divesting
55 himself of possession thereof, notify the person who had placed such
56 animal in his custody of the name and address of the animal society or
A. 999--B 4
1 pound to which the animal has been delivered, such notice to be by
2 registered letter mailed to the last known address of the person
3 intended to be so notified. If an animal is not claimed by its owner
4 within five days after being so delivered to such [humane society or]
5 DULY INCORPORATED society for the prevention of cruelty to animals, or
6 pound, such animal may at any time thereafter be placed for adoption in
7 a suitable home or euthanized IN ACCORDANCE WITH THE PROVISIONS OF
8 SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER. In no event, howev-
9 er, shall the use of a decompression chamber or decompression device of
10 any kind be used for the purpose of destroying or disposing of such
11 animal.
12 S 6. Subdivisions 7 and 7-a of section 118 of the agriculture and
13 markets law, subdivision 7 as amended by chapter 645 of the laws of 1988
14 and subdivision 7-a as amended by chapter 619 of the laws of 1987, are
15 amended to read as follows:
16 7. An owner shall forfeit title to any dog unredeemed at the expira-
17 tion of the appropriate redemption period, and the dog shall then be
18 made available for adoption or euthanized SUBJECT TO SUBDIVISIONS SIX,
19 EIGHT AND NINE OF THIS SECTION AND subject to the provisions [of subdi-
20 visions two-a, two-b, two-c, two-d, and two-e] of section three hundred
21 seventy-four of this chapter. Provided that no dog in the custody of a
22 pound or shelter shall be delivered for adoption unless it has been
23 licensed pursuant to the provisions of this article prior to its release
24 from the custody of a pound or shelter. Any municipality may by local
25 law or ordinance establish additional conditions for adoption including
26 the requirement that adopted dogs shall be spayed or neutered before or
27 after release from custody upon such terms and conditions as the munici-
28 pality may establish.
29 7-a. Any dog or cat in the custody of a pound or shelter shall be made
30 available for adoption or euthanized SUBJECT TO SUBDIVISIONS SIX, EIGHT
31 AND NINE OF THIS SECTION AND subject to the provisions [of subdivisions
32 two-a, two-b, two-c, two-d, and two-e] of section three hundred seven-
33 ty-four of this chapter after the time for redemption has expired.
34 S 7. This act shall take effect on the three hundred sixty-fifth day
35 after it shall have become a law.
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