senate Bill S4566

Relates to authorizing the seizure and confinement of animals in connection with the prevention of rabies

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 12 / Apr / 2011
    • REFERRED TO HEALTH
  • 10 / May / 2011
    • 1ST REPORT CAL.596
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 01 / Jun / 2011
    • SUBSTITUTED BY A3338

Summary

Relates to authorizing the seizure and confinement of animals in connection with the prevention of rabies.

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Bill Details

See Assembly Version of this Bill:
A3338
Versions:
S4566
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd ยง2140, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S5192, A8925A

Votes

15
0
15
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S4566

TITLE OF BILL:
An act
to amend the public health law, in relation to authorizing the seizure
and confinement of animals in connection with the prevention of rabies

PURPOSE:
To give county health officials the flexibility to allow home
confinement of animals to determine their rabies status.

SUMMARY OF PROVISIONS:
This bill permits home confinement of animals suspected of having
rabies upon approval of the county health authority. Confinement must
include provisions to prevent the escape of the animal. Also, the
owner is required to notify the public health authority if the animal
becomes ill during confinement.

JUSTIFICATION:
Under current law, confinement of an animal that might have exposed a
person to rabies must take place at a facility such as an animal
shelter, veterinarian's office, kennel or farm (except that county
health departments may allow home confinement of animals that are
actively immunized).
This bill would generally permit home confinement of animals upon
approval of the county health authority, provided that there are
provisions to prevent escape of the animal, the owner is required to
immediately notify the county health authority if the animal becomes
ill, and the county health authority verifies at the end of the ten
day period that the animal is healthy.
One ongoing problem has been that some pet owners may be unable to
afford the costs of such outside confinement. These owners may
respond by euthanizing the animal, or moving it to another location
and claiming that it has run away. The result is that the victim must
then receive rabies post-exposure vaccinations, when such treatment
may have otherwise proven to be unnecessary. This bill provides local
health departments with flexibility in allowing home confinement
where appropriate.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law

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

                                  4566

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  authorizing  the
  seizure  and  confinement of animals in connection with the prevention
  of rabies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 7 of section 2140 of the public health law, as
added by chapter 180 of the laws of 2002, is amended to read as follows:
  7. "Confinement and observation" refers to the conditions under  which
apparently  healthy dogs, cats, domesticated ferrets, and domestic live-
stock, which are not exhibiting symptoms of rabies, must  be  maintained
TO  DETERMINE  RABIES STATUS if such an animal has potentially exposed a
person to rabies, and the owner wishes to avoid euthanizing and  testing
the  animal.  [The] IF THE COUNTY HEALTH AUTHORITY DOES NOT APPROVE HOME
CONFINEMENT, THE ten day confinement and observation  period  must  take
place,  at owner's expense, at an appropriate facility such as an animal
shelter, veterinarian's office,  kennel  or  farm  [for  an  animal  not
actively immunized against rabies at the time of the bite. County health
departments  may  allow  home  confinements  and observation for animals
actively immunized. Confinement and observation includes]. THE  CONFINE-
MENT  MUST INCLUDE (I) PROVISIONS TO PREVENT ESCAPE OF THE ANIMAL DURING
THE CONFINEMENT PERIOD AND (II) REQUIREMENTS THAT THE OWNER  NOTIFY  THE
PUBLIC HEALTH AUTHORITY IMMEDIATELY IF THE ANIMAL BECOMES ILL AT ANYTIME
DURING CONFINEMENT, AND (III) verification by the county health authori-
ty  or their designee [both during and] at the end of the ten day period
that the animal [cannot or has not escaped and has remained] IS healthy.
  S 2.  This act shall take effect on the ninetieth day after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02694-01-1

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