NY State Senate Bill 2009-S1506

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to agriculture
Feb 02, 2009	referred to agriculture

co-Sponsors

2009-S1506 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Rpld §374 subs 2-a, 2-b, 2-c, 2-d & 2-e, amd §§374, 332 & 118, Ag & Mkts L

2009-S1506 (ACTIVE) - Summary

Provides for humane destruction or disposition of certain animals.

2009-S1506 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1506

 TITLE OF BILL :  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


 PURPOSE :

To ensure that euthanization of animals is done in the most humane
manner possible.

 SUMMARY OF PROVISIONS :

Section 1 -- Repeals subdivisions 2-a, 2-b, 2-c, 2-d, and 2-e of
Agriculture and Markets Law section 374.

Section 2 -- Updates subdivision 1 of Agriculture and Markets Law
section 374 to state who may euthanize an animal. Additionally, this
section amends subdivision 2 of Agriculture and Markets Law section
374 to update the procedures for the destruction of an animal after
the animal has not been adopted from certain facilities.

Section 3 -- Amends section 374 of the Agriculture and Markets Law to
establish the procedures for the humane euthanization of animals.

Section 4 -- Makes technical changes to Agriculture and Markets Law
section 374(8)(b) and (e).

Section 5 -- Makes technical changes to Agriculture and Markets Law
section 332.

Section 6 -- Effective date.

 JUSTIFICATION :

This legislation updates the outdated portions of the Agriculture and
Markets Law governing euthanasia of animals taken in by shelters,
humane societies and SPCAs to ensure that, when it is necessary,
euthanasia is performed in the most humane manner possible. To this
end, the bill requires -- except in certain circumstances where other
methods of euthanasia would be more humane -- that euthanasia be
performed by injection of a sodium pentobarbital or sodium
pentobarbital solution by a licensed veterinarian, euthanasia
technician, or veterinary technician.

 LEGISLATIVE HISTORY :

S.6846-A of 2007-2008

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect of the three hundred sixty-fifth day after
it shall have become a law.

2009-S1506 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1506

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens. DeFRANCISCO, GRIFFO, LARKIN, MORAHAN -- 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  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:

  Section  1.  Subdivisions 2-a, 2-b, 2-c, 2-d and 2-e of section 374 of
the agriculture and markets law are REPEALED.
  S 2. Subdivisions 1 and 2  of  section  374  of  the  agriculture  and
markets law, as added by chapter 545 of the laws of 1971, are amended to
read as follows:
  1. Any agent or officer of [the American Society for the Prevention of
Cruelty  to  Animals,  or  of  any  society  duly  incorporated for that
purpose] A DULY INCORPORATED SOCIETY FOR THE PREVENTION  OF  CRUELTY  TO
ANIMALS,  ANIMAL  SHELTER,  HUMANE  SOCIETY,  or any police officer, may
lawfully [and humanely destroy or] cause to be  humanely  destroyed  (BY
MEANS  PROVIDED FOR IN PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION)
any animal found abandoned and not properly  cared  for,  or  any  lost,
strayed,  homeless  or  unwanted  animal, if upon examination a licensed
[veterinary surgeon] VETERINARIAN shall certify in writing,  or  if  two
reputable citizens called [by him] UPON BY SUCH AGENT, OFFICER OR POLICE
OFFICER  to view the same in his OR HER presence find that the animal is
so maimed, diseased, disabled, or infirm so  as  to  be  unfit  for  any
useful  purpose  OR SUCH THAT IN THE OPINION OF A LICENSED VETERINARIAN,
HUMANE EUTHANASIA IS WARRANTED; or after such  agent  [or],  officer  OR
POLICE OFFICER has obtained in writing from the owner of such animal his
OR HER consent to such destruction.
  2. In the absence of such findings or certificate [the American Socie-
ty for the Prevention of Cruelty to Animals or any society duly incorpo-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00470-02-9

S. 1506                             2

rated  for  that purpose] A DULY INCORPORATED SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS, ANIMAL SHELTER, OR HUMANE SOCIETY may after  five
days  [humanely  destroy]  MAKE  AVAILABLE FOR ADOPTION OR HAVE HUMANELY
DESTROYED  IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, any animal
of which possession is taken as provided for in the  preceding  section,
unless the same is earlier redeemed by its owner.
  S  3.  Subdivisions  3,  4 and 5 of section 374 of the agriculture and
markets law are renumbered subdivisions 6, 7 and 8 and three new  subdi-
visions 3, 4 and 5 are added to read as follows:
  3. A. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, EUTHANA-
SIA  OF ANIMALS PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED SOLELY BY
MEANS OF INJECTION  OF  SODIUM  PENTOBARBITAL  OR  SODIUM  PENTOBARBITAL
SOLUTION  ADMINISTERED  BY A CERTIFIED EUTHANASIA TECHNICIAN, A LICENSED
VETERINARIAN OR A LICENSED VETERINARY TECHNICIAN. EUTHANASIA  BY  INTRA-
CARDIAC  INJECTION  OF  SODIUM  PENTOBARBITAL  OR  SODIUM  PENTOBARBITAL
SOLUTION SHALL ONLY BE PERFORMED  UPON  ANIMALS  THAT  ARE  UNCONSCIOUS,
UNLESS A LICENSED VETERINARIAN DETERMINES THAT AN INTRACARDIAC INJECTION
ON  A  CONSCIOUS  ANIMAL IS THE MOST HUMANE METHOD OF EUTHANASIA FOR THE
INDIVIDUAL ANIMAL.
  B. NO ANIMAL SHALL BE LEFT UNATTENDED BETWEEN THE TIME THAT THE EUTHA-
NASIA PROCEDURE BEGINS AND THE TIME WHEN DEATH IS CONFIRMED.   THE  BODY
OF  A  EUTHANIZED  ANIMAL  SHALL  NOT BE DISPOSED OF IN ANY MANNER UNTIL
DEATH IS CONFIRMED BY A LICENSED VETERINARIAN,  A  CERTIFIED  EUTHANASIA
TECHNICIAN  OR  A  LICENSED  VETERINARY TECHNICIAN.   VIOLATIONS OF THIS
PARAGRAPH SHALL BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE  THAN  FIVE
HUNDRED DOLLARS.
  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  DEEMED  NECESSARY FOR
IMPLEMENTATION OF THE PROVISIONS OF THIS  SUBDIVISION,  INCLUDING  REGU-
LATIONS GOVERNING THE TRAINING AND CERTIFICATION OF CERTIFIED EUTHANASIA
TECHNICIANS.
  4.  A. ANY METHOD OF EUTHANASIA OTHER THAN THAT PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION IS PROHIBITED EXCEPT THAT EUTHANASIA OF  AN
ANIMAL  BY  GUNSHOT IS PERMISSIBLE AS AN EMERGENCY MEASURE FOR AN ANIMAL
THAT IS POSING AN IMMINENT THREAT OF SERIOUS PHYSICAL INJURY TO A PERSON
OR TO ANOTHER ANIMAL AS PROVIDED IN SECTION ONE HUNDRED TWENTY-ONE-A  OF
THIS  CHAPTER  AND  WHERE  THE  USE  OF  A  HUMANE  METHOD OF EUTHANASIA
PRESCRIBED IN THIS SECTION IS RENDERED IMPOSSIBLE OR  WHERE  A  SEVERELY
INJURED ANIMAL IS SUFFERING AND CANNOT OTHERWISE BE AIDED.
  B.  WITHIN  NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, ANY
CHAMBER USED TO INDUCE HYPOXIA BY MEANS OF A LETHAL GAS SHALL BE DISMAN-
TLED, RENDERED INOPERABLE AND BEYOND REPAIR, AND REMOVED FROM THE  PREM-
ISES.    VIOLATIONS  OF  THIS  PARAGRAPH  SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  5. NO PERSON SHALL RELEASE ANY DOG OR CAT FROM THE CUSTODY OR  CONTROL
OF ANY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
HUMANE  SOCIETY,  DOG PROTECTIVE ASSOCIATION, DOG CONTROL OFFICER, PEACE
OFFICER OR ANY AGENT THEREOF, FOR ANY PURPOSE EXCEPT ADOPTION OR REDEMP-
TION BY ITS OWNER.  NOTWITHSTANDING THE PENALTIES SET FORTH IN PARAGRAPH
B OF SUBDIVISION THREE OF THIS SECTION AND PARAGRAPH  B  OF  SUBDIVISION
FOUR  OF  THIS  SECTION, ANY VIOLATION OF THIS SUBDIVISION, SUBDIVISIONS
TWO, THREE OR FOUR OF THIS SECTION, SHALL CONSTITUTE A  MISDEMEANOR  AND
SHALL  BE PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  S 4. Paragraphs b and e of subdivision 8 of section 374 of  the  agri-
culture and markets law, as added by chapter 569 of the laws of 1995 and

S. 1506                             3

such subdivision as renumbered by section three of this act, are amended
to read as follows:
  b. Pursuant to the provisions of subdivisions [two-a, two-b, two-c and
two-d]  TWO,  THREE, FOUR AND FIVE of this section, no dog or cat in the
custody of a duly incorporated society for the prevention of cruelty  to
animals,  a  duly  incorporated  humane society or its authorized agents
thereof, or a pound or shelter, shall be sold, transferred or  otherwise
made  available  to any person for the purpose of research, experimenta-
tion or testing. No authorized agent of a duly incorporated society  for
the  prevention of cruelty to animals, nor of a duly incorporated humane
society, shall use any animal placed in its custody by the duly incorpo-
rated society for the prevention of cruelty to animals or duly  incorpo-
rated  humane  society  for  the purpose of research, experimentation or
testing.
  e. A duly incorporated  society  for  the  prevention  of  cruelty  to
animals  or  a  duly  incorporated  humane  society in charge of animals
forfeited pursuant to paragraph  a  of  this  subdivision  may,  in  its
discretion,  lawfully  and  without liability, adopt them to individuals
other than the convicted person or person dwelling in the same household
who conspired, aided or abetted in the unlawful act which was the  basis
of the conviction, or who knew or should have known of the unlawful act,
or  humanely dispose of them according to the provisions of subdivisions
[two-a, two-b, two-c, and two-d] TWO,  THREE,  FOUR  AND  FIVE  of  this
section.
  S  5.  Section  332  of the agriculture and markets law, as amended by
chapter 674 of the laws of 1980, is amended to read as follows:
  S 332. Disposition. Any person having in his care, custody, or control
any abandoned animal, as defined in section three hundred thirty-one  of
this [chapter] ARTICLE, may deliver such animal to any humane society or
society  for  the prevention of cruelty to animals having facilities for
the care and eventual disposition of such animals, or, in  the  case  of
dogs,  cats and other small animals, to any pound maintained by or under
contract or agreement with any county, city,  town,  or  village  within
which  such  animal  was  abandoned. The person with whom the animal was
abandoned shall, however, on the day of divesting himself of  possession
thereof,  notify the person who had placed such animal in his custody of
the name and address of the animal society or pound to which the  animal
has been delivered, such notice to be by registered letter mailed to the
last  known  address  of  the  person  intended to be so notified. If an
animal is not claimed by its owner  within  five  days  after  being  so
delivered to such humane society or society for the prevention of cruel-
ty  to  animals,  or  pound,  such  animal may at any time thereafter be
placed for adoption in a suitable home or euthanized IN ACCORDANCE  WITH
THE  PROVISIONS  OF  SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
In no event, however, shall the use of a decompression chamber or decom-
pression device of any kind be used for the  purpose  of  destroying  or
disposing of such animal.
  S  6.  Subdivisions  7  and  7-a of section 118 of the agriculture and
markets law, subdivision 7 as amended by chapter 645 of the laws of 1988
and subdivision 7-a as amended by chapter 619 of the laws of  1987,  are
amended to read as follows:
  7.  An  owner shall forfeit title to any dog unredeemed at the expira-
tion of the appropriate redemption period, and the  dog  shall  then  be
made  available for adoption or euthanized subject to the provisions [of
subdivisions two-a, two-b, two-c, two-d, and  two-e]  of  section  three
hundred seventy-four of this chapter. Provided that no dog in the custo-

S. 1506                             4

dy  of  a pound or shelter shall be delivered for adoption unless it has
been licensed pursuant to the provisions of this article  prior  to  its
release  from the custody of a pound or shelter. Any municipality may by
local  law  or  ordinance  establish  additional conditions for adoption
including the requirement that adopted dogs shall be spayed or  neutered
before  or  after release from custody upon such terms and conditions as
the municipality may establish.
  7-a. Any dog or cat in the custody of a pound or shelter shall be made
available for adoption or  euthanized  subject  to  the  provisions  [of
subdivisions  two-a,  two-b,  two-c,  two-d, and two-e] of section three
hundred seventy-four of this chapter after the time for  redemption  has
expired.
  S  7.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law.

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Senate Bill S1506

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2009-S1506 (ACTIVE) - Details

2009-S1506 (ACTIVE) - Summary

2009-S1506 (ACTIVE) - Sponsor Memo

2009-S1506 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1506

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Joseph A. Griffo

William Larkin

Thomas P. Morahan

2009-S1506 (ACTIVE) - Details

2009-S1506 (ACTIVE) - Summary

2009-S1506 (ACTIVE) - Sponsor Memo

2009-S1506 (ACTIVE) - Bill Text download pdf

Comments