senate Bill S583A

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, 351 & 355, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S583A

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
positions that place them in direct control of animal care.

SUMMARY OF PROVISIONS:

Sections 351, 353-a, 353, and 355 of the agriculture and markets law
arc amended by adding a new subdivision which 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. This restriction will not prevent the court from sentencing a
person to community service in such a facility.

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--A
    Cal. No. 74

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, BALL, GIPSON, GRISANTI, MAZIARZ, RANZEN-
  HOFER -- read twice and  ordered  printed,  and  when  printed  to  be
  committed  to  the Committee on Agriculture -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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.  FOR THE PURPOSES OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE  AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04880-04-3

S. 583--A                           2

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
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.  FOR THE  PURPOSES  OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY  COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  S  3.  Section  351  of  the agriculture and markets law is amended by
adding a new subdivision 7 to read as follows:
  7. 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. FOR THE PURPOSES OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE  AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED  ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  S 4. Section 355 of the agriculture and markets  law,  as  amended  by
chapter 458 of the laws of 1985, is amended to read as follows:
  S 355. Abandonment  of animals. 1. A person being the owner or posses-
sor, or having charge or custody of an animal, who abandons such animal,

S. 583--A                           3

or leaves it to die in a street, road or public  place,  or  who  allows
such  animal,  if it become disabled, to lie in a public street, road or
public place more than three hours after he receives notice that  it  is
left  disabled,  is  guilty of a misdemeanor, punishable by imprisonment
for not more than one year, or by a fine of not more than  one  thousand
dollars, or by both.
  2.  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. FOR  THE  PURPOSES  OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY  COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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