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S07245 Summary:

BILL NOS07245
 
SAME ASSAME AS A07155
 
SPONSORBOYLE
 
COSPNSR
 
MLTSPNSR
 
Add §374-a, Ag & Mkts L
 
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.
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S07245 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7245
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      June 9, 2021
                                       ___________
 
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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;

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

        S. 7245                             2
 
     1    (c) does not have an officer, board member, staff member, or volunteer
     2  who  has been convicted of a criminal offense related to animal neglect,
     3  animal cruelty, or dog fighting; and
     4    (d) has been in existence for at least one year.
     5    (2)  For  animals  within  the  ambit  of their license, an individual
     6  licensed to rehabilitate wildlife by the New York  state  department  of
     7  environmental  conservation  pursuant  to  subdivision  three of section
     8  11-0515 of the environmental conservation law shall also be considered a
     9  rescue organization, except where the release of a particular animal  to
    10  such individual would violate a duly enacted department of environmental
    11  conservation regulation.
    12    d. "Irremediable suffering" shall mean an animal who has an objective-
    13  ly  grave prognosis to be able to live without severe, unremitting phys-
    14  ical pain even with  prompt,  necessary,  and  comprehensive  veterinary
    15  care, as certified in writing by a licensed veterinarian.
    16    e.  "Serious physical injury" shall mean a physical injury to an indi-
    17  vidual caused by a dog bite which creates a substantial risk  of  death,
    18  or which causes death or serious or protracted disfigurement, protracted
    19  impairment of health or protracted loss or impairment of the function of
    20  any bodily organ.
    21    f.  "Unprovoked  biting"  shall mean when an individual is bitten by a
    22  dog, and it did not occur as a result of:
    23    (1) the taunting of a dog;
    24    (2) a dog acting in defense of itself, a  person,  another  animal  or
    25  property;
    26    (3) a dog acting from maternal instinct;
    27    (4) a dog reacting to hunger, pain or fear; or
    28    (5) an accidental bite as when playing.
    29    g.  "Unprovoked  repeated  biting"  shall mean two or more bites of an
    30  individual or individuals by a dog resulting in physical  injuries  that
    31  were  not  provoked  in  the prior twenty-four months, documented by the
    32  agency charged with enforcing state and local animal laws prior  to  the
    33  current impound.
    34    h.  "Business day" shall mean any day an animal shelter is open to the
    35  public for adoption and redemption for a continuous period of  at  least
    36  four hours.
    37    2. Notwithstanding any state or local law to the contrary:
    38    a.  Not less than two business days before the scheduled euthanasia of
    39  any animal in the custody or constructive custody of an animal  shelter,
    40  such animal shelter shall:
    41    (1)  notify or make a reasonable attempt to notify by verifiable writ-
    42  ten or electronic communication any rescue organization that has  previ-
    43  ously requested to be notified before animals are euthanized; and
    44    (2)  allow  any  rescue organization who has been notified pursuant to
    45  subparagraph one of this paragraph to take possession of the  animal  if
    46  they so request in order to avoid such animal's death.
    47    b.  Any rescue organization who takes possession of an animal pursuant
    48  to paragraph a of this subdivision shall do so within forty-eight  hours
    49  of  giving  notification  to  the animal shelter of their intent to take
    50  possession.
    51    c. No animal shelter shall euthanize any animal  without  meeting  the
    52  requirements of this subdivision, except for:
    53    (1) an animal that is irremediably suffering;
    54    (2)  a dog adjudicated to be dangerous pursuant to section one hundred
    55  twenty-three of this chapter, and that has been ordered to be euthanized
    56  by the court;

        S. 7245                             3
 
     1    (3) a dog with a documented history  of  unprovoked  biting  that  has
     2  resulted  in  serious  physical  injury  to an individual. Documentation
     3  shall consist of medical reports made at or around the  time  the  prior
     4  bite  incident  occurred  which describe the circumstances of such bite,
     5  the  nature  and  severity  of  the injury, and treatments given for the
     6  injury;
     7    (4) a dog with a documented history of unprovoked repeated biting that
     8  has resulted  in  physical  injury  of  an  individual  or  individuals.
     9  Documentation  shall  consist  of  medical reports made at or around the
    10  time the prior bite incidents occurred which describe the  circumstances
    11  of  the  bites,  the nature and severity of the injuries, and treatments
    12  given for the injuries;
    13    (5) an animal which has bitten an individual and is suspected to carry
    14  and exhibiting signs of rabies, as determined by a licensed  veterinari-
    15  an.
    16    d. Upon taking possession of an animal pursuant to this subdivision, a
    17  rescue  organization  shall  assume  all liability for such animal while
    18  such animal is in the custody and control of such organization and shall
    19  maintain liability insurance for that purpose, provided that such organ-
    20  ization shall not be deemed responsible for harm caused to  or  by  such
    21  animal that:
    22    (1) occurred prior to the time such organization assumed possession of
    23  such animal; or
    24    (2)  is  due  to the acts or omissions of a person not associated with
    25  such organization.
    26    § 3. This act shall apply in all jurisdictions including cities with a
    27  population of two million or more.
    28    § 4. This act shall take effect immediately.
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