Relates to the disposition of abandoned animals; authorizes certified euthanasia technicians to perform certain veterinary medicine practices without a license.
STATE OF NEW YORK
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7955--A
IN SENATE
May 26, 2010
___________
Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and
when printed to be committed to the Committee on Agriculture --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to the
disposition of abandoned animals; and to amend the education law, in
relation to authorizing certified euthanasia technicians to perform
certain veterinary medicine practices without a license
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 332 of the agriculture and markets law, as amended
2 by chapter 479 of the laws of 2009, is amended to read as follows:
3 § 332. Disposition. Any person having in his or her care, custody, or
4 control any abandoned animal, as defined in section three hundred thir-
5 ty-one of this article, may deliver such animal to any duly incorporated
6 society for the prevention of cruelty to animals or any duly incorpo-
7 rated humane society having facilities for the care and eventual dispo-
8 sition of such animals, or, in the case of dogs, cats and other small
9 animals, to any pound maintained by or under contract or agreement with
10 any county, city, town, or village within which such animal was aban-
11 doned. The person with whom the animal was abandoned shall, however, on
12 the day of divesting himself or herself of possession thereof, notify
13 the person who had placed such animal in his or her custody of the name
14 and address of the animal society or pound to which the animal has been
15 delivered, such notice to be by registered letter mailed to the last
16 known address of the person intended to be so notified. If an animal is
17 not claimed by its owner within five days after being so delivered to
18 such duly incorporated society for the prevention of cruelty to animals,
19 duly incorporated humane society or pound, such animal may at any time
20 thereafter be placed for adoption in a suitable home or euthanized in
21 accordance with the provisions of section three hundred seventy-four of
22 this chapter. In no event, however, shall the use of a decompression
23 chamber or decompression device of any kind be used for the purpose of
24 destroying or disposing of such animal.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16795-06-0
S. 7955--A 2
1 § 2. Subdivisions 1 and 2 of section 374 of the agriculture and
2 markets law, as amended by chapter 479 of the laws of 2009, are amended
3 to read as follows:
4 1. Any agent or officer of any duly incorporated humane society, a
5 duly incorporated society for the prevention of cruelty to animals, any
6 dog control officer, or any police officer, may lawfully cause to be
7 humanely destroyed (by means provided for in paragraph a of subdivision
8 three of this section) any animal found abandoned and not properly cared
9 for, or any lost, strayed, homeless or unwanted animal, if upon examina-
10 tion a licensed veterinarian shall certify in writing, or if two
11 reputable citizens called upon by such agent, officer or police officer
12 to view the same in his or her presence find that the animal is so
13 maimed, diseased, disabled, or infirm so as to be unfit for any useful
14 purpose and that humane euthanasia is warranted; or after such agent,
15 officer or police officer has obtained in writing from the owner of such
16 animal his or her consent to such destruction.
17 2. In the absence of such findings or certification, a duly incorpo-
18 rated humane society, a duly incorporated society for the prevention of
19 cruelty to animals, or any pound maintained by or under contract or
20 agreement with any county, city, town or village may after five days
21 make available for adoption or have humanely destroyed in accordance
22 with the provisions of this section and subject to subdivisions six,
23 eight and nine of section one hundred eighteen of this chapter, any
24 animal of which possession is taken as provided for in the preceding
25 section, unless the same is earlier redeemed by its owner.
26 § 3. Section 6705 of the education law is amended by adding a new
27 subdivision 13 to read as follows:
28 13. Any person certified and currently registered as a certified
29 euthanasia technician pursuant to subdivision three of section three
30 hundred seventy-four of the agriculture and markets law or any person
31 undergoing training for such certification where such training is
32 conducted in accordance with the requirements of such section, provided
33 that such practice is limited to such certification or training.
34 § 4. This act shall take effect on the same date and in the same
35 manner as section 5 of chapter 479 of the laws of 2009, takes effect.
