Assembly Bill A11178

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

                                11178--A

                          I N  A S S E M B L Y

                              May 24, 2010
                               ___________

Introduced by M. of A. PAULIN -- read once and referred 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:

  Section 1. Section 332 of the agriculture and markets law, as  amended
by chapter 479 of the laws of 2009, is amended to read as follows:
  S 332. Disposition.  Any person having in his OR HER care, custody, or
control any abandoned animal, as defined in section three hundred  thir-
ty-one of this article, may deliver such animal to any duly incorporated
society  for  the  prevention of cruelty to animals OR ANY DULY INCORPO-
RATED HUMANE SOCIETY having facilities for the care and eventual  dispo-
sition  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 aban-
doned. The person with whom the animal was abandoned shall, however,  on
the  day  of  divesting himself OR HERSELF of possession thereof, notify
the person who had placed such animal in his OR HER 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 duly incorporated society for the prevention of cruelty to animals,
DULY  INCORPORATED  HUMANE SOCIETY 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  decompression device of any kind be used for the purpose of
destroying or disposing of such animal.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16795-05-0
              

A. 11178--A                         2

  S 2. Subdivisions 1 and 2  of  section  374  of  the  agriculture  and
markets  law, as amended by chapter 479 of the laws of 2009, are amended
to read as follows:
  1.  Any  agent  or  officer of ANY DULY INCORPORATED HUMANE SOCIETY, a
duly incorporated society for the prevention of cruelty to animals,  any
dog  control  officer,  or  any police officer, may lawfully 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 examina-
tion  a  licensed  veterinarian  shall  certify  in  writing,  or if two
reputable citizens called 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  and  that  humane euthanasia is warranted; or after such agent,
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 certification, A  DULY  INCORPO-
RATED  HUMANE SOCIETY, a duly incorporated society for the prevention of
cruelty to animals, or any pound maintained  by  or  under  contract  or
agreement  with  any  county,  city, town or village may after five days
make available for adoption or have  humanely  destroyed  in  accordance
with  the  provisions  of  this section and subject to subdivisions six,
eight and nine of section one hundred  eighteen  of  this  chapter,  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. Section 6705 of the education law is  amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  ANY  PERSON  CERTIFIED  AND  CURRENTLY  REGISTERED AS A CERTIFIED
EUTHANASIA TECHNICIAN PURSUANT TO SUBDIVISION  THREE  OF  SECTION  THREE
HUNDRED  SEVENTY-FOUR  OF  THE AGRICULTURE AND MARKETS LAW OR ANY PERSON
UNDERGOING TRAINING  FOR  SUCH  CERTIFICATION  WHERE  SUCH  TRAINING  IS
CONDUCTED  IN ACCORDANCE WITH THE REQUIREMENTS OF SUCH SECTION, PROVIDED
THAT SUCH PRACTICE IS LIMITED TO SUCH CERTIFICATION OR TRAINING.
  S 4. This act shall take effect on the  same  date  and  in  the  same
manner as section 5 of chapter 479 of the laws of 2009, takes effect.