senate Bill S583

Amended

Prohibits persons who have been convicted of animal cruelty from working at an animal shelter

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 12 / Feb / 2013
    • 1ST REPORT CAL.74
  • 27 / Feb / 2013
    • 2ND REPORT CAL.
  • 28 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 18 / Mar / 2013
    • AMENDED ON THIRD READING 583A
  • 06 / May / 2013
    • AMENDED ON THIRD READING 583B
  • 29 / May / 2013
    • AMENDED ON THIRD READING 583C
  • 03 / Jun / 2013
    • AMENDED ON THIRD READING 583D
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 06 / May / 2014
    • 1ST REPORT CAL.500
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO AGRICULTURE

Summary

Prohibits persons who have been convicted of animal cruelty from working at an animal shelter; makes such violation a class A misdemeanor.

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Bill Details

Versions:
S583
S583A
S583B
S583C
S583D
Legislative Cycle:
2013-2014
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยงยง353-a & 353, Ag & Mkts L

Votes

10
0
10
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S583

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to limiting the
right of a person who has violated certain animal cruelty statutes from
working at an animal shelter

PURPOSE:
To prohibit people who are convicted of animal cruelty from working in
places that place them in direct control of animal care, such as
animal shelters.

SUMMARY OF PROVISIONS:
Sections 353-a and 353 of the agriculture and markets law are amended
by adding a new subdivision that states that no person in violation
of the section is allowed to be a dog or animal control officer, or
work at an animal shelter, pound, humane society, animal protective
association, or society for the prevention of cruelty to animals.

JUSTIFICATION:
There have been numerous instances of animal abuse that occur in
establishments created to protect and care for animals, Often, the
accused are managers or employees of such establishments. Currently,
there is nothing preventing them from remaining in these positions,
or being hired in the future. For the same reason that sex offenders
are not allowed to be hired as daycare workers, convicted animal
abusers should not be in a position to oversee the care of animals.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect thirty days after it becomes a law.

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

                                   583

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 limiting
  the right of a person who has violated certain animal cruelty statutes
  from working at an animal shelter

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

  Section 1. Section 353-a of the agriculture and markets law is amended
by adding a new subdivision 4 to read as follows:
  4.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON WHO
IS CONVICTED OF A VIOLATION OF THIS SECTION SHALL BE ALLOWED  TO  ACCEPT
OR  REMAIN  IN A POSITION AS A DOG CONTROL OFFICER, ANIMAL CONTROL OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
  S 2. Section 353 of the agriculture and markets  law,  as  amended  by
chapter  458 of the laws of 1985 and the opening paragraph as amended by
chapter 523 of the laws of 2005, is amended to read as follows:
  S 353. Overdriving, torturing and injuring animals; failure to provide
proper sustenance. 1. A person who overdrives,  overloads,  tortures  or
cruelly  beats  or  unjustifiably injures, maims, mutilates or kills any
animal, whether wild or tame, and whether belonging  to  himself  or  to
another,  or deprives any animal of necessary sustenance, food or drink,
or neglects or refuses to furnish it such sustenance or drink, or  caus-
es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
killed, or to be deprived of necessary food or drink,  or  who  wilfully
sets  on foot, instigates, engages in, or in any way furthers any act of
cruelty to any animal, or any act tending to produce  such  cruelty,  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04880-01-3

S. 583                              2

guilty  of  a  class  A misdemeanor and for purposes of paragraph (b) of
subdivision one of section 160.10 of the criminal procedure  law,  shall
be treated as a misdemeanor defined in the penal law.
  2.  Nothing  herein contained shall be construed to prohibit or inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations, involving the use of living animals, performed  or  conducted
in  laboratories  or institutions, which are approved for these purposes
by the state commissioner of health. The state  commissioner  of  health
shall  prescribe  the rules under which such approvals shall be granted,
including therein standards regarding the care and treatment of any such
animals. Such rules shall be published and copies thereof  conspicuously
posted in each such laboratory or institution. The state commissioner of
health  or  his  duly  authorized representative shall have the power to
inspect such laboratories or institutions to insure compliance with such
rules and standards. Each such approval may be revoked at any  time  for
failure  to comply with such rules and in any case the approval shall be
limited to a period not exceeding one year.
  3. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, NO PERSON  WHO
IS  CONVICTED  OF A VIOLATION OF THIS SECTION SHALL BE ALLOWED TO ACCEPT
OR REMAIN IN A POSITION AS A DOG CONTROL OFFICER, ANIMAL  CONTROL  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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