Senate Bill S5363B

2011-2012 Legislative Session

Establishes standards for the care of abandoned, stray or seized animals and requires the release of a shelter animal to a rescue group upon request of the rescue group

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to agriculture
Jun 17, 2011	print number 5363b
Jun 17, 2011	amend and recommit to agriculture
May 23, 2011	print number 5363a
May 23, 2011	amend and recommit to agriculture
May 12, 2011	referred to agriculture

Bill Amendments

co-Sponsors

2011-S5363 - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§117 & 374, add §373-a, Ag & Mkts L

2011-S5363 - Summary

Establishes standards for the care of abandoned, stray or seized animals and requires the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal.

2011-S5363 - Sponsor Memo

                                BILL NUMBER:S5363

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing
standards for the care of abandoned, stray or seized animals and to
require the release of a shelter animal to a rescue group upon request
of the rescue group prior to euthanasia of the animal

PURPOSE OR GENERAL IDEA OF BILL:
Requires in most situations in which an animal is scheduled to be
destroyed by a society for the prevention of cruelty to animals,
humane society, pound, or shelter, that when a not-for-profit animal
rescue, animal adoption organization, or organization for the
prevention of cruelty to animals requests to assume care of the
animal it will be transferred to that group's possession.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1:
- This act shall be known and may be cited as the "Companion Animal
Access and Rescue Act" (CAARA).

Section 2:
-Amends subdivisions 3, 4, 6, 7-a and 8 of section 117 of the
agriculture and markets law to establish that the animal is to be
cared for in accordance with the provisions of 373-a of the

agriculture and markets law.

-Sets guidelines for owners to claim their impounded animal from
rescue organizations

Section 3:
-Amends the agriculture and markets law by adding a new section 373-a
to set the responsibilities of the impounding organization and
guidelines for how the impounded animal is to be cared for.

Section 4:
-Amends subdivision 2 of section 374 of the agriculture and markets
law as amended by chapter 449 of the laws of 20 10 to allow the
impounding organization to make impounded animals available for
adoption if they have not been claimed after 5 days.

Section 5:
-Amends section 374 of the agriculture and markets law by adding a new
subdivision 9 to set guidelines for what steps and conditions must be
met for an animal to be destroyed.

Section 6:

-Sets effective date.

JUSTIFICATION:
Animal welfare organizations should work collectively to ensure that
animals are not put to death where responsible alternatives exist. In
California, the Hayden Law of 1998 includes a provision, which this
bill is modeled after, allowing not-for-profit animal rescue or


animal adoption organizations to request possession of a dog or cat
prior to its killing. Also, in 2010 Delaware passed similar
legislation that seeks to find sheltered animals homes, rather than
euthanize them.
Both bills passed with overwhelming bipartisan support. In California,
the bill was approved by a vote of 96 to 12. In Delaware, the bill
passed both houses of the legislature unanimously.

The Companion Animal Access and Rescue Act (CAARA) would require that
a not-for-profit animal rescue or adoption organization must be
granted possession of an animal, on request, if a shelter, society
for the prevention of cruelty to animals, humane society or pound
plans to destroy the animal. The act would not apply in cases where
the animal is physically suffering or is exhibiting signs of rabies.
A regular adoption fee, in addition to a spay or neuter deposit,
could be assessed to the adoptive organization under this act.

This bill also goes a step further by outlining the responsibilities
of those working in animal shelters and setting guidelines for how
the animal is to be cared for while in their possession. These
provisions cover everything from food and exercise requirements to
maintaining lists, both on paper and on the internet, of the animals
currently in the shelter's possession to help facilitate finding
these animals homes.

CAARA will also save the public money. The costs associated with both
housing and caring for shelter animals, along with euthanizing them,
is a burden placed on taxpayers. As more private rescue groups and
humane societies are given access to these animals, we can save
taxpayers money in these economically challenging times.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5363 - Bill Text download pdf

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

                                  5363

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 12, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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  estab-
  lishing  standards  for the care of abandoned, stray or seized animals
  and to require the release of a shelter animal to a rescue group  upon
  request of the rescue group prior to euthanasia of the animal

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "companion animal access and rescue act".
  S 2. Subdivisions 3, 4, 6, 7-a and 8 of section 117 of the agriculture
and  markets  law,  subdivisions  3 and 6 as added by chapter 220 of the
laws of 1978, subdivision 4 as amended by section 12 of part T of  chap-
ter 59 of the laws of 2010, subdivision 7-a as amended by chapter 419 of
the laws of 2010 and subdivision 8 as amended by chapter 221 of the laws
of  1978 and such section as renumbered by section 12 of part T of chap-
ter 59 of the laws of 2010, are amended to read as follows:
  3. Each dog seized in accordance with the provisions of  this  article
shall  be  properly  sheltered,  fed  [and], watered [for the redemption
period as hereinafter provided] AND CARED FOR  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS CHAPTER.
  4.  (A)  Each  dog  which  is not identified, whether or not licensed,
shall be held for a MINIMUM period of five  days  from  the  day  seized
during  which period the dog may be redeemed by its owner, provided that
such owner produces proof that the dog has been licensed  and  has  been
identified  pursuant  to  the  provisions  of  this  article and further
provided that the owner pays the following impoundment fees:
  [(a)] (1) not less than ten dollars for the first impoundment  of  any
dog owned by that person;
  [(b)] (2) not less than twenty dollars for the first twenty-four hours
or  part thereof and three dollars for each additional twenty-four hours

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10491-05-1

S. 5363                             2

or part thereof for the second impoundment, within one year of the first
impoundment, of any dog owned by that person; or
  [(c)] (3) not less than thirty dollars for the first twenty-four hours
or  part thereof and three dollars for each additional twenty-four hours
or part thereof for the third and subsequent  impoundments,  within  one
year of the first impoundment, of any dog owned by that person.
  (B)  IN  THE  EVENT THE OWNER OF AN ANIMAL IS SUBSEQUENTLY IDENTIFIED,
THE PROVISIONS OF SUBDIVISION SIX  OF  THIS  SECTION  SHALL  APPLY  WITH
REGARD  TO  THE  ANIMAL;  PROVIDED THAT THE ANIMAL MAY BE PLACED WITH AN
ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED  FOR  THE
PREVENTION OF CRUELTY TO ANIMALS PRIOR TO THE EXPIRATION OF THE FIVE DAY
HOLDING  PERIOD,  SUBJECT  TO  REDEMPTION  BY  THE OWNER AS DESCRIBED IN
SUBDIVISION SIX OF THIS SECTION.
  (C) The impoundment fees set forth in [paragraphs (a),  (b)  and  (c)]
SUBPARAGRAPHS  ONE,  TWO  AND THREE OF PARAGRAPH (A) of this subdivision
notwithstanding, any municipality may set by local law or ordinance such
fees in any amount.
  6. Promptly upon seizure of any identified dog, the owner of record of
such dog shall be notified  personally  or  by  certified  mail,  return
receipt requested, of the facts of seizure and the procedure for redemp-
tion.  If notification is personally given, such dog shall be held for a
MINIMUM period of [seven] NINE days after day of  notice,  during  which
period  the  dog  may  be redeemed by the owner. If such notification is
made by mail, such dog shall be held for a period of [nine] TWELVE  days
from the date of mailing, during which period the dog may be redeemed by
the owner. In either case, the owner may redeem such dog upon payment of
the  impoundment fees prescribed by subdivision four of this section and
by producing proof that the dog has been licensed.
  7-a. Any animal in the custody of a [pound] SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHELTER  shall  be  made
available  for adoption or euthanized subject to subdivisions six, eight
and nine of this section and subject to the provisions of section  three
hundred  seventy-four  of this chapter after the time for redemption has
expired[; provided, however, that such release may be  made  to  another
such  pound,  duly incorporated society for the prevention of cruelty to
animals, duly incorporated humane society or  duly  incorporated  animal
protective association for the sole purpose of placing such animal in an
adoptive  home,  when  such action is reasonably believed to improve the
opportunity for adoption].
  8. The redemption periods set forth above  in  this  section  notwith-
standing, any municipality may establish the duration of such periods by
local  law or ordinance, provided that no such period shall be less than
[three] FIVE days, except that where notice to the  owner  is  given  by
mail, no such period shall be less than [seven] TWELVE days.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 373-a to read as follows:
  S 373-A. CARE OF IMPOUNDED  ANIMALS.  1.  ANY  OFFICER  OR  IMPOUNDING
ORGANIZATION  TAKING  POSSESSION  OF  ANY  ANIMAL IN ACCORDANCE WITH THE
PROVISIONS OF THIS CHAPTER, REGARDLESS OF WHETHER THE ANIMAL'S OWNER  IS
IDENTIFIED  OR  NOT  IDENTIFIED,  SHALL  PROVIDE  THE  ANIMAL DURING THE
ENTIRETY OF THE ANIMAL'S CUSTODY OR CONSTRUCTIVE CUSTODY WITH:
  A. FRESH FOOD AND FRESH WATER ON AT LEAST A DAILY BASIS;
  B. ENVIRONMENTAL ENRICHMENT SUCH AS SOCIALIZATION, TOYS AND TREATS  TO
PROMOTE THE ANIMAL'S PSYCHOLOGICAL WELL-BEING;
  C.  REGULAR  DAILY  EXERCISE  SUITABLE  TO  THE  ANIMAL'S PHYSICAL AND
PSYCHOLOGICAL CONDITION;

S. 5363                             3

  D. CLEAN LIVING ENVIRONMENTS, INCLUDING BUT NOT LIMITED TO  THE  CAGE,
KENNEL AND/OR SPACE WHERE THE ANIMAL IS HOUSED. SUCH AREAS SHALL PROMPT-
LY  RECEIVE NECESSARY CLEANING TO ENSURE ENVIRONMENTS THAT ARE WELCOMING
TO THE PUBLIC AND HYGIENIC FOR BOTH  THE  PUBLIC  AND  ANIMALS,  AND  TO
PREVENT  DISEASE.  ALL  ANIMALS  SHALL BE TEMPORARILY REMOVED FROM THEIR
CAGES, KENNELS, OR OTHER  LIVING  ENVIRONMENTS  DURING  THE  PROCESS  OF
CLEANING  TO  PREVENT  THEM  FROM  BEING  EXPOSED TO WATER FROM HOSES OR
SPRAYS, CLEANING SOLUTIONS, DETERGENTS, SOLVENTS, AND/OR CHEMICALS; AND
  E. PROMPT AND NECESSARY VETERINARY CARE, INCLUDING BUT NOT LIMITED  TO
PREVENTATIVE  VACCINATIONS,  PARASITE CONTROL, CAGE REST, FLUID THERAPY,
PAIN MANAGEMENT, AND/OR ANTIBIOTICS, SUFFICIENT TO ALLEVIATE ANY PAIN OR
SUFFERING CAUSED BY DISEASE OR INJURY, TO PREVENT A CONDITION FROM WORS-
ENING, AND TO ALLOW THE ANIMAL TO LEAVE THE SHELTER IN REASONABLE CONDI-
TION, EVEN IF THE ANIMAL IS NOT A CANDIDATE FOR REDEMPTION, TRANSFER, OR
ADOPTION.
  2. UPON TAKING POSSESSION OF ANY ANIMAL,  ANY  OFFICER  OR  IMPOUNDING
ORGANIZATION  TAKING  POSSESSION  OF  ANY ANIMAL IMPOUNDED IN ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER SHALL:
  A. ENSURE THAT THE ANIMAL IS  CHECKED  FOR  ALL  CURRENTLY  ACCEPTABLE
METHODS  OF  IDENTIFICATION,  INCLUDING MICROCHIPS, IDENTIFICATION TAGS,
COLLARS, TATTOOS, AND LICENSES;
  B. MAINTAIN LISTS, UPDATED  NOT  LESS  THAN  ONCE  DAILY,  OF  ANIMALS
REPORTED  LOST  IN  THE  GEOGRAPHIC  AREA  SERVED BY THE FACILITY HAVING
CUSTODY OF THE  ANIMAL,  AND  COMPARE  THE  LOST  REPORTS  WITH  ANIMALS
REPORTED FOUND AND ANIMALS IN THE SHELTER; AND
  C.  POST  A  DESCRIPTION  OF  EACH  STRAY  ANIMAL ON THE INTERNET ON A
WEBSITE MAINTAINED FOR THAT PURPOSE. THE  DESCRIPTION  SHALL  BE  SUFFI-
CIENTLY DETAILED TO ALLOW THE ANIMAL TO BE RECOGNIZED AND CLAIMED BY ITS
OWNER, AND SHALL INCLUDE BUT NOT BE LIMITED TO DESCRIPTIONS OF IDENTIFI-
CATION  FOUND  ON  THE  ANIMAL,  THE BREED, APPROXIMATE SIZE AND WEIGHT,
COLORING AND IDENTIFYING MARKS, THE DATE AND HOUR OF SEIZURE, THE  OFFI-
CIAL  IDENTIFICATION  NUMBER  OF SUCH ANIMAL, IF ANY, THE LOCATION WHERE
FOUND, THE REASON FOR IMPOUND, AND THE  OWNER'S  NAME  AND  ADDRESS,  IF
KNOWN.
  3.  IF IDENTIFICATION IS FOUND ON AN ANIMAL, THE OFFICER OR IMPOUNDING
ORGANIZATION SHALL, UPON TAKING  POSSESSION  OF  THE  ANIMAL,  UNDERTAKE
REASONABLE  EFFORTS  TO NOTIFY THE OWNER OR CARETAKER OF THE LOCATION OF
THE ANIMAL AND THE PROCEDURES AVAILABLE FOR THE LAWFUL RECOVERY  OF  THE
ANIMAL.  THESE  EFFORTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, NOTIFYING
THE POSSIBLE OWNER BY TELEPHONE, MAIL, AND PERSONAL SERVICE TO THE  LAST
KNOWN  ADDRESS.  THE OFFICER OR IMPOUNDING ORGANIZATION SHALL, FOLLOWING
THE INITIATION OF EFFORTS TO  NOTIFY  THE  OWNER  OR  CARETAKER,  RETAIN
CUSTODY  OF  THE  ANIMAL  FOR A MINIMUM PERIOD OF NINE DAYS TO ALLOW FOR
REDEMPTION.
  4. A. NO ANIMAL IN THE POSSESSION OF AN OFFICER OR  IMPOUNDING  ORGAN-
IZATION  SHALL  BE DESTROYED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF
SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE AND NO ANIMAL IN  THE
POSSESSION  OF  AN OFFICER OR IMPOUNDING ORGANIZATION SHALL BE DESTROYED
FOR THE SOLE REASON THAT THE HOLDING PERIOD FOR THAT ANIMAL HAS EXPIRED.
BEFORE AN ANIMAL IS DESTROYED, ALL OF THE FOLLOWING CONDITIONS  MUST  BE
MET:
  (1) THERE ARE NO EMPTY CAGES, KENNELS, OR OTHER LIVING ENVIRONMENTS AT
THE  IMPOUNDING  ORGANIZATION'S  FACILITIES OR AT ANY ASSOCIATED FACILI-
TIES; AND
  (2) THE ANIMAL CANNOT SHARE A  CAGE  OR  KENNEL  WITH  ANOTHER  ANIMAL
BECAUSE  THE  ANIMAL  IS  AGGRESSIVE  TO OTHER ANIMALS, HAS A CONTAGIOUS

S. 5363                             4

ILLNESS THE OTHER ANIMAL DOES NOT HAVE, OR IS INJURED  AND  SHARING  THE
CAGE WITH ANOTHER ANIMAL WILL AGGRAVATE THE INJURY; AND
  (3) A FOSTER HOME IS NOT AVAILABLE; AND
  (4)  ANIMAL  RESCUE  OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVE BEEN NOTIFIED OF THE SCHE-
DULED EUTHANASIA PURSUANT TO  THE  PROVISIONS  OF  SUBDIVISION  NINE  OF
SECTION  THREE  HUNDRED  SEVENTY-FOUR  OF  THIS ARTICLE AND THERE ARE NO
ANIMAL RESCUE OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED FOR  THE
PREVENTION OF CRUELTY TO ANIMALS WILLING TO ACCEPT THE ANIMAL; AND
  (5) ALL MANDATES, PROGRAMS AND SERVICES OF THIS CHAPTER HAVE BEEN MET;
AND
  (6)  THE DIRECTOR OF THE IMPOUNDING ORGANIZATION HAVING CUSTODY OF THE
ANIMAL CERTIFIES HE OR SHE HAS NO OTHER ALTERNATIVE.
  B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
  (1) AN ANIMAL WHO IS EXPERIENCING IRREMEDIABLE PHYSICAL SUFFERING WITH
A PROGNOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN  WITH  COMPREHENSIVE
PROMPT  AND  NECESSARY  VETERINARY  CARE,  AS  CERTIFIED IN WRITING BY A
VETERINARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (2) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING  SIGNS  OF  RABIES  AS
CERTIFIED  IN WRITING BY A VETERINARIAN LICENSED TO PRACTICE MEDICINE IN
THIS STATE; OR
  (3) A SYMPTOMATIC DOG WITH A CONFIRMED CASE OF PARVOVIRUS WITH A PROG-
NOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE  PROMPT
AND  NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETERINARIAN
LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (4) A SYMPTOMATIC CAT WITH A CONFIRMED CASE OF  PANLEUKOPENIA  WITH  A
PROGNOSIS  FOR  RECOVERY  THAT  IS POOR OR GRAVE EVEN WITH COMPREHENSIVE
PROMPT AND NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETER-
INARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (5) AN ANIMAL THAT HAS BEEN DETERMINED BY  A  COURT  HAVING  COMPETENT
JURISDICTION  TO  BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
  (6) A DOG WITH A HISTORY OF UNPROVOKED BITING  THAT  HAS  RESULTED  IN
SEVERE  INJURY  TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE OFFICER
OR IMPOUNDING ORGANIZATION PRIOR TO THE CURRENT IMPOUND OF  THE  ANIMAL.
DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL REPORTS DOCU-
MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY.
  C. THE DETERMINATION THAT ALL CONDITIONS OF PARAGRAPH A OF THIS SUBDI-
VISION  HAVE  BEEN MET OR THAT ONE OR MORE OF THE EXCEPTIONS UNDER PARA-
GRAPH B OF THIS SUBDIVISION APPLY SHALL BE MADE IN  WRITING,  SIGNED  BY
THE  DIRECTOR  OF  THE  AGENCY,  AND  BE  MADE AVAILABLE FOR FREE PUBLIC
INSPECTION FOR NO LESS THAN THREE YEARS.
  5. EACH OFFICER OR IMPOUNDING ORGANIZATION SHALL POST, IN A  CONSPICU-
OUS  PLACE  AT THE LOCATION WHERE ANIMALS ARE BEING RELINQUISHED, A SIGN
WHICH IS CLEARLY VISIBLE AND READABLE FROM  ANY  VANTAGE  POINT  IN  THE
AREA,  CONTAINING THE FOLLOWING INFORMATION, IDENTIFIED BY SPECIES-TYPE,
AND SHALL POST SUCH INFORMATION ON THE INTERNET IN A WEBSITE  MAINTAINED
FOR  THAT  PURPOSE, AND SHALL PROVIDE SUCH INFORMATION IN WRITING, AT NO
COST, TO ANY PERSON REQUESTING THE INFORMATION:
  A. THE NUMBER OF ANIMALS IMPOUNDED AT THE FACILITY  DURING  THE  PRIOR
CALENDAR YEAR; AND
  B.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE ADOPTED; AND
  C. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR  WHO
WERE TRANSFERRED TO OTHER AGENCIES FOR ADOPTION; AND

S. 5363                             5

  D.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE RECLAIMED BY THEIR OWNERS; AND
  E.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
DIED, WERE LOST, AND/OR WERE STOLEN; AND
  F. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR  WHO
WERE DESTROYED.
  6. AS USED IN THIS SECTION:
  A.  "IMPOUNDING ORGANIZATION" SHALL HAVE THE MEANING DEFINED IN SUBDI-
VISION SIX OF SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE;
  B. "OFFICER" MEANS A DOG CONTROL  OFFICER  OR  PEACE  OFFICER,  ACTING
PURSUANT  TO  HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY
OR UNDER CONTRACT TO A MUNICIPALITY;
  C. "SEVERE INJURY" MEANS ANY PHYSICAL INJURY THAT  RESULTS  IN  BROKEN
BONES, PERMANENTLY DISFIGURING LACERATIONS REQUIRING MULTIPLE SUTURES OR
COSMETIC SURGERY; AND
  D.  "UNPROVOKED  BITE"  MEANS  A  BITE THAT IS NOT PROVOKED. A BITE IS
PROVOKED IF, AMONG OTHER THINGS, IT OCCURS BECAUSE  THE  DOG  WAS  BEING
TAUNTED,  OR  THE  DOG  WAS ACTING IN DEFENSE OF SELF, A PERSON, ANOTHER
ANIMAL, OR PROPERTY, OR THE DOG WAS ACTING FROM  MATERNAL  INSTINCT,  OR
THE  DOG  WAS  REACTING TO HUNGER, PAIN, OR FEAR, OR THE DOG BITES ACCI-
DENTALLY, AS WHEN PLAYING.
  S 4. Subdivision 2 of section 374 of the agriculture and markets  law,
as  amended  by  chapter  449 of the laws of 2010, is amended to read as
follows:
  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 SUBDIVISION FOUR OF
SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS ARTICLE AND TO SUBDIVISION
NINE OF THIS SECTION AND TO subdivisions six, eight and nine of  section
one  hundred  [eighteen]  SEVENTEEN 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 5. Section 374 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  A. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, NO ANIMAL IN THE CARE OR CUSTODY OF A DULY INCORPORATED SOCIE-
TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED  HUMANE
SOCIETY,  OR  A  POUND  OR  SHELTER,  WHETHER  SUCH  ENTITY BE PUBLIC OR
PRIVATE, SHALL BE DESTROYED IF, PRIOR TO THE KILLING OF THAT ANIMAL  FOR
ANY REASON OTHER THAN IRREMEDIABLE PHYSICAL SUFFERING OF THE ANIMAL UPON
A CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
PRACTICE  MEDICINE  IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR
OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE, A
NONPROFIT, AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE  CODE
ANIMAL  RESCUE  OR  ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
PREVENTION OF CRUELTY TO ANIMALS  REQUESTS  POSSESSION  OF  THE  ANIMAL.
ONLY  FOR  PURPOSES OF ESTABLISHING THE INITIAL RELATIONSHIP BETWEEN THE
SHELTER AND THE ANIMAL ADOPTION OR RESCUE ORGANIZATION  OR  ORGANIZATION
FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE SHELTER MAY REQUEST
THAT  THE  ANIMAL ADOPTION OR RESCUE ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS PROVIDE ONE TIME PROOF THAT  IT
HAS  BEEN IN EXISTENCE FOR AT LEAST ONE YEAR OR THAT ONE OF ITS OFFICERS
OR STAFF MEMBERS HAS BEEN RESCUING ANIMALS FOR AT LEAST  ONE  YEAR,  AND

S. 5363                             6

THAT  PERSON  OR  THE  ORGANIZATION  HAS  A RELATIONSHIP WITH A LICENSED
VETERINARIAN. PROOF OF THE ONE YEAR RESCUE THRESHOLD  SHALL  BE  CONCLU-
SIVELY  ESTABLISHED BY A COPY OF THE ORGANIZATION'S ARTICLES OF INCORPO-
RATION  SHOWING  AN  INCORPORATION  DATE OF AT LEAST ONE YEAR PAST, OR A
LETTER FROM A LICENSED VETERINARIAN STATING THAT  THE  VETERINARIAN  HAS
BEEN TREATING ANIMALS RESCUED BY THE ORGANIZATION OR ONE OF ITS OFFICERS
OR  STAFF  MEMBERS  FOR  AT  LEAST  ONE YEAR, OR THROUGH OTHER OBJECTIVE
CRITERIA SUCH AS A DATED ADVERTISEMENT CONCERNING THE RESCUE EFFORTS  OF
THE  ORGANIZATION  OR  ONE  OF ITS OFFICERS OR STAFF MEMBERS, OR A DATED
INVOICE FROM A LICENSED VETERINARIAN FOR THE MEDICAL CARE OF AN  ANIMAL.
PROOF  OF  A  RELATIONSHIP WITH A LICENSED VETERINARIAN SHALL BE CONCLU-
SIVELY ESTABLISHED BY A LETTER FROM A LICENSED  VETERINARIAN  CONFIRMING
THE  RELATIONSHIP  OR  THROUGH  AN  INVOICE  FOR MEDICAL SERVICES FROM A
LICENSED VETERINARIAN ADDRESSED TO THE ORGANIZATION OR ONE OF ITS  OFFI-
CERS  OR  STAFF  MEMBERS.    IN  ADDITION TO ANY REQUIRED SPAY OR NEUTER
DEPOSIT,  THE  FACILITY  HAVING  POSSESSION  OF  THE  ANIMAL,   AT   ITS
DISCRETION,  MAY  ASSESS A FEE, NOT TO EXCEED THE STANDARD ADOPTION FEE,
FOR ANIMALS RELEASED TO SUCH ORGANIZATIONS.
  B. (1) AN ANIMAL  RESCUE  OR  ADOPTION  ORGANIZATION  OR  ORGANIZATION
FORMED  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS INTERESTED IN TAKING
POSSESSION OF ONE OR MORE ANIMALS PURSUANT TO  THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  NOTIFY  THE SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER,  AS  APPLICABLE,  OF  ITS
DESIRE  TO  DO  SO  AND  SHALL PROVIDE THE SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR  SHELTER  WITH  CONTACT
INFORMATION  FOR THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS.  AN ANIMAL  RESCUE
OR  ADOPTION  ORGANIZATION  OR ORGANIZATION FORMED FOR THE PREVENTION OF
CRUELTY TO ANIMALS MAY, AT ITS OPTION, FILE ONE NOTICE  WITH  A  SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHEL-
TER  REQUESTING THAT IT BE NOTIFIED OF ALL ANIMALS HELD BY THAT FACILITY
AND SCHEDULED FOR EUTHANASIA.
  (2) AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED EUTHANASIA OF  AN
ANIMAL,  THE  FACILITY  HAVING  POSSESSION  OF  THE ANIMAL SHALL PROVIDE
NOTICE TO THE ANIMAL RESCUE OR  ADOPTION  ORGANIZATION  OR  ORGANIZATION
FORMED  FOR THE PREVENTION OF CRUELTY TO ANIMALS OF THE SCHEDULED EUTHA-
NASIA BY:
  (A) POSTING OF THE IDENTIFICATION NUMBER OF SUCH ANIMAL ON THE WEBSITE
OF THE FACILITY HAVING POSSESSION OF THE ANIMAL BY DIRECT LINK FROM  THE
FACILITY'S WEBSITE HOME PAGE; AND
  (B) BY CONTACTING THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGAN-
IZATION  FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS DIRECTLY BY ONE
OR MORE OF THE FOLLOWING MEANS:
  (I) E-MAIL TO THE E-MAIL ADDRESS ON FILE;
  (II) PHONE TO THE PHONE NUMBER ON FILE;
  (III) TEXT MESSAGE TO THE PHONE NUMBER ON FILE;
  (IV) FAX TO THE FAX NUMBER ON FILE; OR
  (V) ANY OTHER MEANS OF ELECTRONIC WRITTEN COMMUNICATION AS PROVIDED BY
THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR  ORGANIZATION  FORMED  FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  (3)  AN  ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS INTENDING TO TAKE POSSESSION OF
AN ANIMAL SCHEDULED FOR EUTHANASIA  SHALL  NOTIFY  THE  FACILITY  HAVING
POSSESSION OF THE ANIMAL OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
OR  ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS' INTENT
TO TAKE POSSESSION OF THE ANIMAL, AT ANY  TIME  PRIOR  TO  THE  ANIMAL'S

S. 5363                             7

EUTHANASIA,  BY  PHONE,  E-MAIL,  FAX, TEXT MESSAGE, OR OTHER ELECTRONIC
WRITTEN REQUEST.
  (4)  AN  ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS TAKING POSSESSION OF AN  ANIMAL
PURSUANT  TO  THE  PROVISIONS OF THIS SUBDIVISION SHALL DO SO WITHIN TWO
BUSINESS DAYS OF THE TIME THE ORGANIZATION NOTIFIES THE SOCIETY FOR  THE
PREVENTION  OF CRUELTY TO ANIMALS, HUMANE SOCIETY, OR A POUND OR SHELTER
POSSESSING THE ANIMAL, AS APPLICABLE, THAT IT IS SEEKING CUSTODY OF  THE
ANIMAL, NOT INCLUDING THE DAY UPON WHICH THE NOTICE IS GIVEN.
  C.  UPON  TAKING POSSESSION OF AN ANIMAL, AN ANIMAL RESCUE OR ADOPTION
ORGANIZATION OR ORGANIZATION FORMED FOR THE  PREVENTION  OF  CRUELTY  TO
ANIMALS  SHALL  ASSUME  ALL  LIABILITY FOR THE ANIMAL; PROVIDED THAT THE
ORGANIZATION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED  TO  OR  BY
THE ANIMAL THAT:
  (1)  OCCURRED PRIOR TO THE TIME THE ORGANIZATION ASSUMED POSSESSION OF
THE ANIMAL; OR
  (2) IS DUE TO THE ACTS OR OMISSIONS OF A PERSON  NOT  ASSOCIATED  WITH
THE ORGANIZATION.
  D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
  (1)  AN  ANIMAL  SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES, AS
DETERMINED BY A LICENSED VETERINARIAN;
  (2) SYMPTOMATIC DOGS WITH CONFIRMED CASES OF PARVOVIRUS UPON A CERTIF-
ICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED  TO  PRAC-
TICE  MEDICINE  IN  THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR OR
GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (3) SYMPTOMATIC CATS WITH CONFIRMED  CASES  OF  PANLEUKOPENIA  UPON  A
CERTIFICATION  MADE  IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY  IS  POOR
OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (4)  AN  ANIMAL  THAT  HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF  SECTION  ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
  (5)  A  DOG  WITH  A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN
SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY  THE  SOCIETY
FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR
SHELTER, AS APPLICABLE, PRIOR TO THE  CURRENT  IMPOUND  OF  THE  ANIMAL.
DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL RECORDS DOCU-
MENTING  THE  CIRCUMSTANCES  OF THE BITE AND THE SEVERITY OF THE INJURY.
THE DOCUMENTATION SHALL BE KEPT ON FILE WITH THE DOCUMENTING ENTITY  FOR
THREE YEARS.
  (6)  AS  USED IN THIS SUBDIVISION: (A) "SEVERE INJURY" MEANS ANY PHYS-
ICAL INJURY THAT RESULTS IN BROKEN BONES, PERMANENTLY DISFIGURING LACER-
ATIONS REQUIRING MULTIPLE SUTURES OR COSMETIC SURGERY; AND
  (B) "UNPROVOKED BITING" MEANS BITING THAT IS NOT PROVOKED.  BITING  IS
PROVOKED  IF,  AMONG  OTHER  THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF  SELF,  A  PERSON,  ANOTHER
ANIMAL,  OR  PROPERTY,  OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE  DOG  BITES  ACCI-
DENTALLY, AS WHEN PLAYING.
  E.  (1)  ANY  ANIMAL  RESCUE  OR ADOPTION ORGANIZATION OR ORGANIZATION
FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVING AN OFFICER, BOARD
MEMBER, STAFF MEMBER OR VOLUNTEER WHO HAS BEEN CONVICTED OF  A  CRIMINAL
OFFENSE  HAVING  AS  ITS  PRIMARY EFFECT THE PREVENTION OR PUNISHMENT OF
ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG  FIGHTING  SHALL  BE  PROHIBITED
FROM  BEING AN ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION

S. 5363                             8

UNTIL SUCH TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER
IS NO LONGER ASSOCIATED WITH THE ORGANIZATION.
  (2)  ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF  CRUELTY  TO  ANIMALS  HAVING  AN  OFFICER,  BOARD
MEMBER,  STAFF MEMBER OR VOLUNTEER AGAINST WHOM CHARGES OF VIOLATING THE
PROVISIONS OF A STATUTE HAVING AS ITS PRIMARY EFFECT THE  PREVENTION  OR
PUNISHMENT OF ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING ARE PEND-
ING  IN A COURT OF LAW SHALL BE PROHIBITED FROM BEING AN ADOPTIVE ORGAN-
IZATION UNDER THE TERMS OF THIS SUBDIVISION  UNTIL  SUCH  TIME  AS  THAT
OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER IS NO LONGER ASSOCIATED
WITH THE ORGANIZATION OR SUCH CHARGES ARE DISMISSED OR DROPPED.
  (3)(A)  IF  THE  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE
HUMANE SOCIETY, POUND  OR  SHELTER  HAS  LEGALLY  SUFFICIENT  REASONABLE
SUSPICION  TO  BELIEVE THAT THE PLACEMENT OF AN ANIMAL WITH A PARTICULAR
ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED  FOR  THE
PREVENTION  OF  CRUELTY TO ANIMALS WILL EXPOSE THE ANIMAL TO A SITUATION
INVOLVING CRIMINAL NEGLECT OR CRUELTY TO ANIMALS, IT MAY  CONDITION  THE
RELEASE  OF THE ANIMAL TO SUCH ANIMAL RESCUE OR ADOPTION ORGANIZATION OR
ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO  ANIMALS  UPON  THE
CONDUCT OF AN INSPECTION OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
FACILITY TO WHICH THAT ANIMAL IS GOING.
  (B)  THE  NEED  FOR  AND  REASONABLE  SUSPICION  FOR  REQUESTING  SUCH
INSPECTION MAY NOT BE  DETERMINED  SOLELY  ON  THE  BASIS  OF  ANONYMOUS
COMPLAINTS  EXCEPT  IF  MADE BY A RELATIVE OF THE RESCUER. UPON REQUEST,
THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE  SOCIE-
TY,  POUND  OR SHELTER, AS APPLICABLE SHALL DIVULGE TO THE ANIMAL RESCUE
OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR  THE  PREVENTION  OF
CRUELTY  TO  ANIMALS  ANY AND ALL INFORMATION PERTAINING TO ITS DETERMI-
NATION OF REASONABLE SUSPICION FOR  AN  INSPECTION,  PROVIDED  THAT  THE
SHELTER  CAN EXCISE THE NAME OF THE COMPLAINANT IF MADE BY A RELATIVE OF
THE RESCUER.
  (C) THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED
FOR  THE  PREVENTION  OF  CRUELTY  TO ANIMALS MAY AGREE TO OR REFUSE THE
INSPECTION. IF THE ORGANIZATION AGREES TO AN INSPECTION, SUCH INSPECTION
SHALL BE CONDUCTED WITHIN FORTY-EIGHT HOURS OF THE TIME THE ORGANIZATION
AGREES TO THE INSPECTION. IF THE INSPECTION IS NOT CONDUCTED WITHIN  THE
FORTY-EIGHT  HOUR  PERIOD, THE RIGHT TO AN INSPECTION SHALL BE DEEMED TO
HAVE BEEN WAIVED. IF THE ORGANIZATION REFUSED THE INSPECTION, THE SOCIE-
TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE  SOCIETY,  POUND
OR  SHELTER,  AS  APPLICABLE,  MAY  DECLINE TO PLACE THE ANIMAL WITH THE
REFUSING ORGANIZATION.
  (D) THE INSPECTION AUTHORIZED BY THE PROVISIONS OF  THIS  SUBPARAGRAPH
SHALL BE CONDUCTED BY A PEACE OFFICER, AS DEFINED IN SECTION 2.10 OF THE
CRIMINAL PROCEDURE LAW, WHO IS AUTHORIZED TO INVESTIGATE CRIMES PURSUANT
TO HIS OR HER REGULAR DUTIES.
  (E)  THE INSPECTED ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS SHALL  BE  NOTIFIED
OF THE RESULTS OF THE INSPECTION AND WHETHER THE ANIMAL WILL BE RELEASED
TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR
THE  PREVENTION  OF  CRUELTY  TO ANIMALS WITHIN TWENTY-FOUR HOURS OF THE
COMPLETION OF THE INSPECTION.
  (F)  A  FILING  OF  CRIMINAL  NEGLECT  OR  CRUELTY  CHARGES  FOLLOWING
INSPECTION  AS  PROVIDED  IN  THIS SUBPARAGRAPH WILL CONSTITUTE A FAILED
INSPECTION.
  (G) NO ANIMAL SHALL BE DESTROYED  UNTIL  AT  LEAST  TWENTY-FOUR  HOURS
AFTER  THE  FILING  OF  CRIMINAL  CHARGES  AGAINST  THE ANIMAL RESCUE OR

S. 5363                             9

ADOPTION ORGANIZATION OR  ORGANIZATION  FORMED  FOR  THE  PREVENTION  OF
CRUELTY  TO ANIMALS AND PROVIDED NO OTHER ORGANIZATION HAS REQUESTED THE
ANIMAL.
  (H)  AN  ANIMAL  WHOSE  PLACEMENT  IS  THE SUBJECT OF AN INSPECTION AS
PROVIDED IN THIS SUBPARAGRAPH MAY BE RELEASED PRIOR  TO  OR  DURING  THE
CONDUCT  OF AN INSPECTION TO ANOTHER ANIMAL RESCUE OR ADOPTION ORGANIZA-
TION OR ORGANIZATION FORMED FOR THE PREVENTION  OF  CRUELTY  TO  ANIMALS
THAT REQUESTS THE ANIMAL.
  F.  AS  USED  IN  THIS  SUBDIVISION, "IRREMEDIABLE PHYSICAL SUFFERING"
MEANS THAT THE ANIMAL SUFFERS FROM A MEDICAL CONDITION THAT HAS  A  POOR
OR  GRAVE  PROGNOSIS  AND THAT THE ANIMAL IS UNLIKELY TO BE ABLE TO LIVE
WITHOUT PROLONGED, SEVERE AND UNREMITTING PAIN DESPITE NECESSARY VETERI-
NARY CARE.
  S 6. This act shall take effect immediately.

co-Sponsors

2011-S5363A - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§117 & 374, add §373-a, Ag & Mkts L

2011-S5363A - Summary

2011-S5363A - Sponsor Memo

                                BILL NUMBER:S5363A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing
standards for the care of abandoned, stray or seized animals and to
require the release of a shelter animal to a rescue group upon request
of the rescue group prior to euthanasia of the animal

PURPOSE OR GENERAL IDEA OF BILL:
Requires in most situations in which an animal is scheduled to be
destroyed by a society for the prevention of cruelty to animals,
humane society, pound, or shelter, that when a not-for-profit animal
rescue, animal adoption organization, or organization for the
prevention of cruelty to animals requests to assume care of the
animal it will be transferred to that group's possession.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1:
- This act shall be known and may be cited as the "Companion Animal
Access and Rescue Act" (CAARA).

Section 2:
-Amends subdivisions 3, 4, 6, 7-a and 8 of section 117 of the
agriculture and markets law to establish that the animal is to be
cared for in accordance with the provisions of 373-a of the

agriculture and markets law.

-Sets guidelines for owners to claim their impounded animal from
rescue organizations

Section 3:
-Amends the agriculture and markets law by adding a new section 373-a
to set the responsibilities of the impounding organization and
guidelines for how the impounded animal is to be cared for.

Section 4:
-Amends subdivision 2 of section 374 of the agriculture and markets
law as amended by chapter 449 of the laws of 20 10 to allow the
impounding organization to make impounded animals available for
adoption if they have not been claimed after 5 days.

Section 5:
-Amends section 374 of the agriculture and markets law by adding a new
subdivision 9 to set guidelines for what steps and conditions must be
met for an animal to be destroyed.

Section 6:

-Sets effective date.

JUSTIFICATION:
Animal welfare organizations should work collectively to ensure that
animals are not put to death where responsible alternatives exist. In
California, the Hayden Law of 1998 includes a provision, which this
bill is modeled after, allowing not-for-profit animal rescue or


animal adoption organizations to request possession of a dog or cat
prior to its killing. Also, in 2010 Delaware passed similar
legislation that seeks to find sheltered animals homes, rather than
euthanize them.
Both bills passed with overwhelming bipartisan support. In California,
the bill was approved by a vote of 96 to 12. In Delaware, the bill
passed both houses of the legislature unanimously.

The Companion Animal Access and Rescue Act (CAARA) would require that
a not-for-profit animal rescue or adoption organization must be
granted possession of an animal, on request, if a shelter, society
for the prevention of cruelty to animals, humane society or pound
plans to destroy the animal. The act would not apply in cases where
the animal is physically suffering or is exhibiting signs of rabies.
A regular adoption fee, in addition to a spay or neuter deposit,
could be assessed to the adoptive organization under this act.

This bill also goes a step further by outlining the responsibilities
of those working in animal shelters and setting guidelines for how
the animal is to be cared for while in their possession. These
provisions cover everything from food and exercise requirements to
maintaining lists, both on paper and on the internet, of the animals
currently in the shelter's possession to help facilitate finding
these animals homes.

CAARA will also save the public money. The costs associated with both
housing and caring for shelter animals, along with euthanizing them,
is a burden placed on taxpayers. As more private rescue groups and
humane societies are given access to these animals, we can save
taxpayers money in these economically challenging times.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5363A - Bill Text download pdf

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

                                 5363--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 12, 2011
                               ___________

Introduced  by  Sens.  ROBACH,  LANZA,  O'MARA -- read twice and ordered
  printed, and when printed to be committed to the Committee on Agricul-
  ture -- 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 estab-
  lishing standards for the care of abandoned, stray or  seized  animals
  and  to require the release of a shelter animal to a rescue group upon
  request of the rescue group prior to euthanasia of the animal

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "companion animal access and rescue act".
  S 2. Subdivisions 3, 4, 6, 7-a and 8 of section 117 of the agriculture
and markets law, subdivisions 3 and 6 as added by  chapter  220  of  the
laws  of 1978, subdivision 4 as amended by section 12 of part T of chap-
ter 59 of the laws of 2010, subdivision 7-a as amended by chapter 419 of
the laws of 2010 and subdivision 8 as amended by chapter 221 of the laws
of 1978 and such section as renumbered by section 12 of part T of  chap-
ter 59 of the laws of 2010, are amended to read as follows:
  3.  Each  dog seized in accordance with the provisions of this article
shall be properly sheltered, fed  [and],  watered  [for  the  redemption
period  as  hereinafter  provided]  AND CARED FOR IN ACCORDANCE WITH THE
PROVISIONS OF SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS CHAPTER.
  4. (A) Each dog which is not  identified,  whether  or  not  licensed,
shall  be  held  for  a  MINIMUM period of five days from the day seized
during which period the dog may be redeemed by its owner, provided  that
such  owner  produces  proof that the dog has been licensed and has been
identified pursuant to  the  provisions  of  this  article  and  further
provided that the owner pays the following impoundment fees:
  [(a)]  (1)  not less than ten dollars for the first impoundment of any
dog owned by that person;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10491-08-1

S. 5363--A                          2

  [(b)] (2) not less than twenty dollars for the first twenty-four hours
or part thereof and three dollars for each additional twenty-four  hours
or part thereof for the second impoundment, within one year of the first
impoundment, of any dog owned by that person; or
  [(c)] (3) not less than thirty dollars for the first twenty-four hours
or  part thereof and three dollars for each additional twenty-four hours
or part thereof for the third and subsequent  impoundments,  within  one
year of the first impoundment, of any dog owned by that person.
  (B)  IN  THE  EVENT THE OWNER OF AN ANIMAL IS SUBSEQUENTLY IDENTIFIED,
THE PROVISIONS OF SUBDIVISION SIX  OF  THIS  SECTION  SHALL  APPLY  WITH
REGARD  TO  THE  ANIMAL;  PROVIDED THAT THE ANIMAL MAY BE PLACED WITH AN
ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED  FOR  THE
PREVENTION OF CRUELTY TO ANIMALS PRIOR TO THE EXPIRATION OF THE FIVE DAY
HOLDING  PERIOD,  SUBJECT  TO  REDEMPTION  BY  THE OWNER AS DESCRIBED IN
SUBDIVISION SIX OF THIS SECTION.
  (C) The impoundment fees set forth in [paragraphs (a),  (b)  and  (c)]
SUBPARAGRAPHS  ONE,  TWO  AND THREE OF PARAGRAPH (A) of this subdivision
notwithstanding, any municipality may set by local law or ordinance such
fees in any amount.
  6. Promptly upon seizure of any identified dog, the owner of record of
such dog shall be notified  personally  or  by  certified  mail,  return
receipt requested, of the facts of seizure and the procedure for redemp-
tion.  If notification is personally given, such dog shall be held for a
MINIMUM period of [seven] NINE days after day of  notice,  during  which
period  the  dog  may  be redeemed by the owner. If such notification is
made by mail, such dog shall be held for a period of [nine] TWELVE  days
from the date of mailing, during which period the dog may be redeemed by
the owner. In either case, the owner may redeem such dog upon payment of
the  impoundment fees prescribed by subdivision four of this section and
by producing proof that the dog has been licensed.
  7-a. Any animal in the custody of a [pound] SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHELTER  shall  be  made
available  for adoption or euthanized subject to subdivisions six, eight
and nine of this section and subject to the provisions of section  three
hundred  seventy-four  of this chapter after the time for redemption has
expired[; provided, however, that such release may be  made  to  another
such  pound,  duly incorporated society for the prevention of cruelty to
animals, duly incorporated humane society or  duly  incorporated  animal
protective association for the sole purpose of placing such animal in an
adoptive  home,  when  such action is reasonably believed to improve the
opportunity for adoption].
  8. The redemption periods set forth above  in  this  section  notwith-
standing, any municipality may establish the duration of such periods by
local  law or ordinance, provided that no such period shall be less than
[three] FIVE days, except that where notice to the  owner  is  given  by
mail, no such period shall be less than [seven] TWELVE days.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 373-a to read as follows:
  S 373-A. CARE OF IMPOUNDED  ANIMALS.  1.  ANY  OFFICER  OR  IMPOUNDING
ORGANIZATION  TAKING  POSSESSION  OF  ANY  ANIMAL IN ACCORDANCE WITH THE
PROVISIONS OF THIS CHAPTER, REGARDLESS OF WHETHER THE ANIMAL'S OWNER  IS
IDENTIFIED  OR  NOT  IDENTIFIED,  SHALL  PROVIDE  THE  ANIMAL DURING THE
ENTIRETY OF THE ANIMAL'S CUSTODY OR CONSTRUCTIVE CUSTODY WITH:
  A. FRESH FOOD AND FRESH WATER ON AT LEAST A DAILY BASIS;
  B. ENVIRONMENTAL ENRICHMENT SUCH AS SOCIALIZATION, TOYS AND TREATS  TO
PROMOTE THE ANIMAL'S PSYCHOLOGICAL WELL-BEING;

S. 5363--A                          3

  C.  REGULAR  DAILY  EXERCISE  SUITABLE  TO  THE  ANIMAL'S PHYSICAL AND
PSYCHOLOGICAL CONDITION;
  D.  CLEAN  LIVING ENVIRONMENTS, INCLUDING BUT NOT LIMITED TO THE CAGE,
KENNEL AND/OR SPACE WHERE THE ANIMAL IS HOUSED. SUCH AREAS SHALL PROMPT-
LY RECEIVE NECESSARY CLEANING TO ENSURE ENVIRONMENTS THAT ARE  WELCOMING
TO  THE  PUBLIC  AND  HYGIENIC  FOR  BOTH THE PUBLIC AND ANIMALS, AND TO
PREVENT DISEASE. ALL ANIMALS SHALL BE  TEMPORARILY  REMOVED  FROM  THEIR
CAGES,  KENNELS,  OR  OTHER  LIVING  ENVIRONMENTS  DURING THE PROCESS OF
CLEANING TO PREVENT THEM FROM BEING  EXPOSED  TO  WATER  FROM  HOSES  OR
SPRAYS, CLEANING SOLUTIONS, DETERGENTS, SOLVENTS, AND/OR CHEMICALS; AND
  E.  PROMPT AND NECESSARY VETERINARY CARE, INCLUDING BUT NOT LIMITED TO
PREVENTATIVE VACCINATIONS, PARASITE CONTROL, CAGE REST,  FLUID  THERAPY,
PAIN MANAGEMENT, AND/OR ANTIBIOTICS, SUFFICIENT TO ALLEVIATE ANY PAIN OR
SUFFERING CAUSED BY DISEASE OR INJURY, TO PREVENT A CONDITION FROM WORS-
ENING, AND TO ALLOW THE ANIMAL TO LEAVE THE SHELTER IN REASONABLE CONDI-
TION, EVEN IF THE ANIMAL IS NOT A CANDIDATE FOR REDEMPTION, TRANSFER, OR
ADOPTION.
  2.  UPON  TAKING  POSSESSION  OF ANY ANIMAL, ANY OFFICER OR IMPOUNDING
ORGANIZATION TAKING POSSESSION OF ANY  ANIMAL  IMPOUNDED  IN  ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER SHALL:
  A.  ENSURE  THAT  THE  ANIMAL  IS CHECKED FOR ALL CURRENTLY ACCEPTABLE
METHODS OF IDENTIFICATION, INCLUDING  MICROCHIPS,  IDENTIFICATION  TAGS,
COLLARS, TATTOOS, AND LICENSES;
  B.  MAINTAIN  LISTS,  UPDATED  NOT  LESS  THAN  ONCE DAILY, OF ANIMALS
REPORTED LOST IN THE GEOGRAPHIC  AREA  SERVED  BY  THE  FACILITY  HAVING
CUSTODY  OF  THE  ANIMAL,  AND  COMPARE  THE  LOST  REPORTS WITH ANIMALS
REPORTED FOUND AND ANIMALS IN THE SHELTER; AND
  C. POST A DESCRIPTION OF EACH  STRAY  ANIMAL  ON  THE  INTERNET  ON  A
WEBSITE  MAINTAINED  FOR  THAT  PURPOSE. THE DESCRIPTION SHALL BE SUFFI-
CIENTLY DETAILED TO ALLOW THE ANIMAL TO BE RECOGNIZED AND CLAIMED BY ITS
OWNER, AND SHALL INCLUDE BUT NOT BE LIMITED TO DESCRIPTIONS OF IDENTIFI-
CATION FOUND ON THE ANIMAL, THE  BREED,  APPROXIMATE  SIZE  AND  WEIGHT,
COLORING  AND IDENTIFYING MARKS, THE DATE AND HOUR OF SEIZURE, THE OFFI-
CIAL IDENTIFICATION NUMBER OF SUCH ANIMAL, IF ANY,  THE  LOCATION  WHERE
FOUND,  THE  REASON  FOR  IMPOUND,  AND THE OWNER'S NAME AND ADDRESS, IF
KNOWN.
  3. IF IDENTIFICATION IS FOUND ON AN ANIMAL, THE OFFICER OR  IMPOUNDING
ORGANIZATION  SHALL,  UPON  TAKING  POSSESSION  OF THE ANIMAL, UNDERTAKE
REASONABLE EFFORTS TO NOTIFY THE OWNER OR CARETAKER OF THE  LOCATION  OF
THE  ANIMAL  AND THE PROCEDURES AVAILABLE FOR THE LAWFUL RECOVERY OF THE
ANIMAL. THESE EFFORTS SHALL INCLUDE, BUT ARE NOT LIMITED  TO,  NOTIFYING
THE  POSSIBLE OWNER BY TELEPHONE, MAIL, AND PERSONAL SERVICE TO THE LAST
KNOWN ADDRESS. THE OFFICER OR IMPOUNDING ORGANIZATION  SHALL,  FOLLOWING
THE  INITIATION  OF  EFFORTS  TO  NOTIFY  THE OWNER OR CARETAKER, RETAIN
CUSTODY OF THE ANIMAL FOR A MINIMUM PERIOD OF NINE  DAYS  TO  ALLOW  FOR
REDEMPTION.
  4.  A.  NO ANIMAL IN THE POSSESSION OF AN OFFICER OR IMPOUNDING ORGAN-
IZATION SHALL BE DESTROYED EXCEPT IN ACCORDANCE WITH THE  PROVISIONS  OF
SECTION  THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE AND NO ANIMAL IN THE
POSSESSION OF AN OFFICER OR IMPOUNDING ORGANIZATION SHALL  BE  DESTROYED
FOR THE SOLE REASON THAT THE HOLDING PERIOD FOR THAT ANIMAL HAS EXPIRED.
BEFORE  AN  ANIMAL IS DESTROYED, ALL OF THE FOLLOWING CONDITIONS MUST BE
MET:
  (1) THERE ARE NO EMPTY CAGES, KENNELS, OR OTHER LIVING ENVIRONMENTS AT
THE IMPOUNDING ORGANIZATION'S FACILITIES OR AT  ANY  ASSOCIATED  FACILI-
TIES; AND

S. 5363--A                          4

  (2)  THE  ANIMAL  CANNOT  SHARE  A  CAGE OR KENNEL WITH ANOTHER ANIMAL
BECAUSE THE ANIMAL IS AGGRESSIVE TO  OTHER  ANIMALS,  HAS  A  CONTAGIOUS
ILLNESS  THE  OTHER  ANIMAL DOES NOT HAVE, OR IS INJURED AND SHARING THE
CAGE WITH ANOTHER ANIMAL WILL AGGRAVATE THE INJURY; AND
  (3) A FOSTER HOME IS NOT AVAILABLE; AND
  (4)  ANIMAL  RESCUE  OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVE BEEN NOTIFIED OF THE SCHE-
DULED EUTHANASIA PURSUANT TO  THE  PROVISIONS  OF  SUBDIVISION  NINE  OF
SECTION  THREE  HUNDRED  SEVENTY-FOUR  OF  THIS ARTICLE AND THERE ARE NO
ANIMAL RESCUE OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED FOR  THE
PREVENTION OF CRUELTY TO ANIMALS WILLING TO ACCEPT THE ANIMAL; AND
  (5) ALL MANDATES, PROGRAMS AND SERVICES OF THIS CHAPTER HAVE BEEN MET;
AND
  (6)  THE DIRECTOR OF THE IMPOUNDING ORGANIZATION HAVING CUSTODY OF THE
ANIMAL CERTIFIES HE OR SHE HAS NO OTHER ALTERNATIVE.
  B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
  (1) AN ANIMAL WHO IS EXPERIENCING IRREMEDIABLE PHYSICAL SUFFERING WITH
A PROGNOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN  WITH  COMPREHENSIVE
PROMPT  AND  NECESSARY  VETERINARY  CARE,  AS  CERTIFIED IN WRITING BY A
VETERINARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (2) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING  SIGNS  OF  RABIES  AS
CERTIFIED  IN WRITING BY A VETERINARIAN LICENSED TO PRACTICE MEDICINE IN
THIS STATE; OR
  (3) A SYMPTOMATIC DOG WITH A CONFIRMED CASE OF PARVOVIRUS WITH A PROG-
NOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE  PROMPT
AND  NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETERINARIAN
LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (4) A SYMPTOMATIC CAT WITH A CONFIRMED CASE OF  PANLEUKOPENIA  WITH  A
PROGNOSIS  FOR  RECOVERY  THAT  IS POOR OR GRAVE EVEN WITH COMPREHENSIVE
PROMPT AND NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETER-
INARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (5) AN ANIMAL THAT HAS BEEN DETERMINED BY  A  COURT  HAVING  COMPETENT
JURISDICTION  TO  BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
  (6) A DOG WITH A HISTORY OF UNPROVOKED BITING  THAT  HAS  RESULTED  IN
SEVERE  INJURY  TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE OFFICER
OR IMPOUNDING ORGANIZATION PRIOR TO THE CURRENT IMPOUND OF  THE  ANIMAL.
DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL REPORTS DOCU-
MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY.
  C. THE DETERMINATION THAT ALL CONDITIONS OF PARAGRAPH A OF THIS SUBDI-
VISION  HAVE  BEEN MET OR THAT ONE OR MORE OF THE EXCEPTIONS UNDER PARA-
GRAPH B OF THIS SUBDIVISION APPLY SHALL BE MADE IN  WRITING,  SIGNED  BY
THE  DIRECTOR  OF  THE  AGENCY,  AND  BE  MADE AVAILABLE FOR FREE PUBLIC
INSPECTION FOR NO LESS THAN THREE YEARS.
  5. EACH OFFICER OR IMPOUNDING ORGANIZATION SHALL POST, IN A  CONSPICU-
OUS  PLACE  AT THE LOCATION WHERE ANIMALS ARE BEING RELINQUISHED, A SIGN
WHICH IS CLEARLY VISIBLE AND READABLE FROM  ANY  VANTAGE  POINT  IN  THE
AREA,  CONTAINING THE FOLLOWING INFORMATION, IDENTIFIED BY SPECIES-TYPE,
AND SHALL POST SUCH INFORMATION ON THE INTERNET IN A WEBSITE  MAINTAINED
FOR  THAT  PURPOSE, AND SHALL PROVIDE SUCH INFORMATION IN WRITING, AT NO
COST, TO ANY PERSON REQUESTING THE INFORMATION:
  A. THE NUMBER OF ANIMALS IMPOUNDED AT THE FACILITY  DURING  THE  PRIOR
CALENDAR YEAR; AND
  B.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE ADOPTED; AND

S. 5363--A                          5

  C. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR  WHO
WERE TRANSFERRED TO OTHER AGENCIES FOR ADOPTION; AND
  D.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE RECLAIMED BY THEIR OWNERS; AND
  E. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR  WHO
DIED, WERE LOST, AND/OR WERE STOLEN; AND
  F.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE DESTROYED.
  6. AS USED IN THIS SECTION:
  A. "IMPOUNDING ORGANIZATION" SHALL HAVE THE MEANING DEFINED IN  SUBDI-
VISION SIX OF SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE;
  B.  "OFFICER"  MEANS  A  DOG  CONTROL OFFICER OR PEACE OFFICER, ACTING
PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER IN  THE  EMPLOY
OR UNDER CONTRACT TO A MUNICIPALITY;
  C.  "SEVERE  INJURY"  MEANS ANY PHYSICAL INJURY THAT RESULTS IN BROKEN
BONES, PERMANENTLY DISFIGURING LACERATIONS REQUIRING MULTIPLE SUTURES OR
COSMETIC SURGERY; AND
  D. "UNPROVOKED BITE" MEANS A BITE THAT IS  NOT  PROVOKED.  A  BITE  IS
PROVOKED  IF,  AMONG  OTHER  THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF  SELF,  A  PERSON,  ANOTHER
ANIMAL,  OR  PROPERTY,  OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE  DOG  BITES  ACCI-
DENTALLY, AS WHEN PLAYING.
  S  4. Subdivision 2 of section 374 of the agriculture and markets law,
as amended by chapter 449 of the laws of 2010, is  amended  to  read  as
follows:
  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 SUBDIVISION  FOUR  OF
SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS ARTICLE AND TO SUBDIVISION
NINE  OF THIS SECTION AND TO subdivisions six, eight and nine of section
one hundred [eighteen] SEVENTEEN 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  5.  Section  374  of  the agriculture and markets law is amended by
adding a new subdivision 9 to read as follows:
  9. A. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO  THE
CONTRARY, NO ANIMAL IN THE CARE OR CUSTODY OF A DULY INCORPORATED SOCIE-
TY  FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED HUMANE
SOCIETY, OR A POUND  OR  SHELTER,  WHETHER  SUCH  ENTITY  BE  PUBLIC  OR
PRIVATE,  SHALL BE DESTROYED IF, PRIOR TO THE KILLING OF THAT ANIMAL FOR
ANY REASON OTHER THAN IRREMEDIABLE PHYSICAL SUFFERING OF THE ANIMAL UPON
A CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY  IS  POOR
OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE, A
NONPROFIT,  AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE
ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED  FOR  THE
PREVENTION  OF  CRUELTY  TO  ANIMALS  REQUESTS POSSESSION OF THE ANIMAL.
ONLY FOR PURPOSES OF ESTABLISHING THE INITIAL RELATIONSHIP  BETWEEN  THE
SHELTER  AND  THE ANIMAL ADOPTION OR RESCUE ORGANIZATION OR ORGANIZATION
FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE SHELTER MAY REQUEST
THAT THE ANIMAL ADOPTION OR RESCUE ORGANIZATION OR  ORGANIZATION  FORMED
FOR  THE PREVENTION OF CRUELTY TO ANIMALS PROVIDE ONE TIME PROOF THAT IT

S. 5363--A                          6

HAS BEEN IN EXISTENCE FOR AT LEAST ONE YEAR OR THAT ONE OF ITS  OFFICERS
OR  STAFF  MEMBERS  HAS BEEN RESCUING ANIMALS FOR AT LEAST ONE YEAR, AND
THAT PERSON OR THE ORGANIZATION  HAS  A  RELATIONSHIP  WITH  A  LICENSED
VETERINARIAN.  PROOF  OF  THE ONE YEAR RESCUE THRESHOLD SHALL BE CONCLU-
SIVELY ESTABLISHED BY A COPY OF THE ORGANIZATION'S ARTICLES OF  INCORPO-
RATION  SHOWING  AN  INCORPORATION  DATE OF AT LEAST ONE YEAR PAST, OR A
LETTER FROM A LICENSED VETERINARIAN STATING THAT  THE  VETERINARIAN  HAS
BEEN TREATING ANIMALS RESCUED BY THE ORGANIZATION OR ONE OF ITS OFFICERS
OR  STAFF  MEMBERS  FOR  AT  LEAST  ONE YEAR, OR THROUGH OTHER OBJECTIVE
CRITERIA SUCH AS A DATED ADVERTISEMENT CONCERNING THE RESCUE EFFORTS  OF
THE  ORGANIZATION  OR  ONE  OF ITS OFFICERS OR STAFF MEMBERS, OR A DATED
INVOICE FROM A LICENSED VETERINARIAN FOR THE MEDICAL CARE OF AN  ANIMAL.
PROOF  OF  A  RELATIONSHIP WITH A LICENSED VETERINARIAN SHALL BE CONCLU-
SIVELY ESTABLISHED BY A LETTER FROM A LICENSED  VETERINARIAN  CONFIRMING
THE  RELATIONSHIP  OR  THROUGH  AN  INVOICE  FOR MEDICAL SERVICES FROM A
LICENSED VETERINARIAN ADDRESSED TO THE ORGANIZATION OR ONE OF ITS  OFFI-
CERS  OR  STAFF  MEMBERS.    IN  ADDITION TO ANY REQUIRED SPAY OR NEUTER
DEPOSIT,  THE  FACILITY  HAVING  POSSESSION  OF  THE  ANIMAL,   AT   ITS
DISCRETION,  MAY  ASSESS A FEE, NOT TO EXCEED THE STANDARD ADOPTION FEE,
FOR ANIMALS RELEASED TO SUCH ORGANIZATIONS.
  B. (1) AN ANIMAL  RESCUE  OR  ADOPTION  ORGANIZATION  OR  ORGANIZATION
FORMED  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS INTERESTED IN TAKING
POSSESSION OF ONE OR MORE ANIMALS PURSUANT TO  THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  NOTIFY  THE SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER,  AS  APPLICABLE,  OF  ITS
DESIRE  TO  DO  SO  AND  SHALL PROVIDE THE SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR  SHELTER  WITH  CONTACT
INFORMATION  FOR THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS.  AN ANIMAL  RESCUE
OR  ADOPTION  ORGANIZATION  OR ORGANIZATION FORMED FOR THE PREVENTION OF
CRUELTY TO ANIMALS MAY, AT ITS OPTION, FILE ONE NOTICE  WITH  A  SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHEL-
TER  REQUESTING THAT IT BE NOTIFIED OF ALL ANIMALS HELD BY THAT FACILITY
AND SCHEDULED FOR EUTHANASIA.
  (2) AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED EUTHANASIA OF  AN
ANIMAL,  THE  FACILITY  HAVING  POSSESSION  OF  THE ANIMAL SHALL PROVIDE
NOTICE TO THE ANIMAL RESCUE OR  ADOPTION  ORGANIZATION  OR  ORGANIZATION
FORMED  FOR THE PREVENTION OF CRUELTY TO ANIMALS OF THE SCHEDULED EUTHA-
NASIA BY:
  (A) POSTING OF THE IDENTIFICATION NUMBER OF SUCH ANIMAL ON THE WEBSITE
OF THE FACILITY HAVING POSSESSION OF THE ANIMAL BY DIRECT LINK FROM  THE
FACILITY'S WEBSITE HOME PAGE; AND
  (B) BY CONTACTING THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGAN-
IZATION  FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS DIRECTLY BY ONE
OR MORE OF THE FOLLOWING MEANS:
  (I) E-MAIL TO THE E-MAIL ADDRESS ON FILE;
  (II) PHONE TO THE PHONE NUMBER ON FILE;
  (III) TEXT MESSAGE TO THE PHONE NUMBER ON FILE;
  (IV) FAX TO THE FAX NUMBER ON FILE; OR
  (V) ANY OTHER MEANS OF ELECTRONIC WRITTEN COMMUNICATION AS PROVIDED BY
THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR  ORGANIZATION  FORMED  FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  (3)  AN  ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS INTENDING TO TAKE POSSESSION OF
AN ANIMAL SCHEDULED FOR EUTHANASIA  SHALL  NOTIFY  THE  FACILITY  HAVING
POSSESSION OF THE ANIMAL OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S

S. 5363--A                          7

OR  ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS' INTENT
TO TAKE POSSESSION OF THE ANIMAL, AT ANY  TIME  PRIOR  TO  THE  ANIMAL'S
EUTHANASIA,  BY  PHONE,  E-MAIL,  FAX, TEXT MESSAGE, OR OTHER ELECTRONIC
WRITTEN REQUEST.
  (4)  AN  ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS TAKING POSSESSION OF AN  ANIMAL
PURSUANT  TO  THE  PROVISIONS OF THIS SUBDIVISION SHALL DO SO WITHIN TWO
BUSINESS DAYS OF THE TIME THE ORGANIZATION NOTIFIES THE SOCIETY FOR  THE
PREVENTION  OF CRUELTY TO ANIMALS, HUMANE SOCIETY, OR A POUND OR SHELTER
POSSESSING THE ANIMAL, AS APPLICABLE, THAT IT IS SEEKING CUSTODY OF  THE
ANIMAL, NOT INCLUDING THE DAY UPON WHICH THE NOTICE IS GIVEN.
  C.  UPON  TAKING POSSESSION OF AN ANIMAL, AN ANIMAL RESCUE OR ADOPTION
ORGANIZATION OR ORGANIZATION FORMED FOR THE  PREVENTION  OF  CRUELTY  TO
ANIMALS SHALL ASSUME ALL LIABILITY FOR THE ANIMAL WHILE THE ANIMAL IS IN
THE CUSTODY AND CONTROL OF THE ORGANIZATION; PROVIDED THAT THE ORGANIZA-
TION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO OR BY THE ANIMAL
THAT:
  (1)  OCCURRED PRIOR TO THE TIME THE ORGANIZATION ASSUMED POSSESSION OF
THE ANIMAL; OR
  (2) IS DUE TO THE ACTS OR OMISSIONS OF A PERSON  NOT  ASSOCIATED  WITH
THE ORGANIZATION.
  D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
  (1)  AN  ANIMAL  SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES, AS
DETERMINED BY A LICENSED VETERINARIAN;
  (2) SYMPTOMATIC DOGS WITH CONFIRMED CASES OF PARVOVIRUS UPON A CERTIF-
ICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED  TO  PRAC-
TICE  MEDICINE  IN  THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR OR
GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (3) SYMPTOMATIC CATS WITH CONFIRMED  CASES  OF  PANLEUKOPENIA  UPON  A
CERTIFICATION  MADE  IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY  IS  POOR
OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (4)  AN  ANIMAL  THAT  HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF  SECTION  ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
  (5)  A  DOG  WITH  A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN
SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY  THE  SOCIETY
FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR
SHELTER, AS APPLICABLE, PRIOR TO THE  CURRENT  IMPOUND  OF  THE  ANIMAL.
DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL RECORDS DOCU-
MENTING  THE  CIRCUMSTANCES  OF THE BITE AND THE SEVERITY OF THE INJURY.
THE DOCUMENTATION SHALL BE KEPT ON FILE WITH THE DOCUMENTING ENTITY  FOR
THREE YEARS.
  (6)  AS  USED IN THIS SUBDIVISION: (A) "SEVERE INJURY" MEANS ANY PHYS-
ICAL INJURY THAT RESULTS IN BROKEN BONES, PERMANENTLY DISFIGURING LACER-
ATIONS REQUIRING MULTIPLE SUTURES OR COSMETIC SURGERY; AND
  (B) "UNPROVOKED BITING" MEANS BITING THAT IS NOT PROVOKED.  BITING  IS
PROVOKED  IF,  AMONG  OTHER  THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF  SELF,  A  PERSON,  ANOTHER
ANIMAL,  OR  PROPERTY,  OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE  DOG  BITES  ACCI-
DENTALLY, AS WHEN PLAYING.
  E.  (1)  ANY  ANIMAL  RESCUE  OR ADOPTION ORGANIZATION OR ORGANIZATION
FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVING AN OFFICER, BOARD
MEMBER, STAFF MEMBER OR VOLUNTEER WHO HAS BEEN CONVICTED OF  A  CRIMINAL

S. 5363--A                          8

OFFENSE  HAVING  AS  ITS  PRIMARY EFFECT THE PREVENTION OR PUNISHMENT OF
ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG  FIGHTING  SHALL  BE  PROHIBITED
FROM  BEING AN ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION
UNTIL SUCH TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER
IS NO LONGER ASSOCIATED WITH THE ORGANIZATION.
  (2)  ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF  CRUELTY  TO  ANIMALS  HAVING  AN  OFFICER,  BOARD
MEMBER,  STAFF MEMBER OR VOLUNTEER AGAINST WHOM CHARGES OF VIOLATING THE
PROVISIONS OF A STATUTE HAVING AS ITS PRIMARY EFFECT THE  PREVENTION  OR
PUNISHMENT OF ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING ARE PEND-
ING  IN A COURT OF LAW SHALL BE PROHIBITED FROM BEING AN ADOPTIVE ORGAN-
IZATION UNDER THE TERMS OF THIS SUBDIVISION  UNTIL  SUCH  TIME  AS  THAT
OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER IS NO LONGER ASSOCIATED
WITH THE ORGANIZATION OR SUCH CHARGES ARE DISMISSED OR DROPPED.
  (3)(A)  IF  THE  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE
HUMANE SOCIETY, POUND  OR  SHELTER  HAS  LEGALLY  SUFFICIENT  REASONABLE
SUSPICION  TO  BELIEVE THAT THE PLACEMENT OF AN ANIMAL WITH A PARTICULAR
ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED  FOR  THE
PREVENTION  OF  CRUELTY TO ANIMALS WILL EXPOSE THE ANIMAL TO A SITUATION
INVOLVING CRIMINAL NEGLECT OR CRUELTY TO ANIMALS, IT MAY  CONDITION  THE
RELEASE  OF THE ANIMAL TO SUCH ANIMAL RESCUE OR ADOPTION ORGANIZATION OR
ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO  ANIMALS  UPON  THE
CONDUCT OF AN INSPECTION OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
FACILITY TO WHICH THAT ANIMAL IS GOING.
  (B)  THE  NEED  FOR  AND  REASONABLE  SUSPICION  FOR  REQUESTING  SUCH
INSPECTION MAY NOT BE  DETERMINED  SOLELY  ON  THE  BASIS  OF  ANONYMOUS
COMPLAINTS  EXCEPT  IF  MADE BY A RELATIVE OF THE RESCUER. UPON REQUEST,
THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE  SOCIE-
TY,  POUND  OR SHELTER, AS APPLICABLE SHALL DIVULGE TO THE ANIMAL RESCUE
OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR  THE  PREVENTION  OF
CRUELTY  TO  ANIMALS  ANY AND ALL INFORMATION PERTAINING TO ITS DETERMI-
NATION OF REASONABLE SUSPICION FOR  AN  INSPECTION,  PROVIDED  THAT  THE
SHELTER  CAN EXCISE THE NAME OF THE COMPLAINANT IF MADE BY A RELATIVE OF
THE RESCUER.
  (C) THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED
FOR  THE  PREVENTION  OF  CRUELTY  TO ANIMALS MAY AGREE TO OR REFUSE THE
INSPECTION. IF THE ORGANIZATION AGREES TO AN INSPECTION, SUCH INSPECTION
SHALL BE CONDUCTED WITHIN FORTY-EIGHT HOURS OF THE TIME THE ORGANIZATION
AGREES TO THE INSPECTION. IF THE INSPECTION IS NOT CONDUCTED WITHIN  THE
FORTY-EIGHT  HOUR  PERIOD, THE RIGHT TO AN INSPECTION SHALL BE DEEMED TO
HAVE BEEN WAIVED. IF THE ORGANIZATION REFUSED THE INSPECTION, THE SOCIE-
TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE  SOCIETY,  POUND
OR  SHELTER,  AS  APPLICABLE,  MAY  DECLINE TO PLACE THE ANIMAL WITH THE
REFUSING ORGANIZATION.
  (D) THE INSPECTION AUTHORIZED BY THE PROVISIONS OF  THIS  SUBPARAGRAPH
SHALL BE CONDUCTED BY A PEACE OFFICER, AS DEFINED IN SECTION 2.10 OF THE
CRIMINAL PROCEDURE LAW, WHO IS AUTHORIZED TO INVESTIGATE CRIMES PURSUANT
TO HIS OR HER REGULAR DUTIES.
  (E)  THE INSPECTED ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS SHALL  BE  NOTIFIED
OF THE RESULTS OF THE INSPECTION AND WHETHER THE ANIMAL WILL BE RELEASED
TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR
THE  PREVENTION  OF  CRUELTY  TO ANIMALS WITHIN TWENTY-FOUR HOURS OF THE
COMPLETION OF THE INSPECTION.

S. 5363--A                          9

  (F)  A  FILING  OF  CRIMINAL  NEGLECT  OR  CRUELTY  CHARGES  FOLLOWING
INSPECTION  AS  PROVIDED  IN  THIS SUBPARAGRAPH WILL CONSTITUTE A FAILED
INSPECTION.
  (G)  NO  ANIMAL  SHALL  BE  DESTROYED UNTIL AT LEAST TWENTY-FOUR HOURS
AFTER THE FILING OF  CRIMINAL  CHARGES  AGAINST  THE  ANIMAL  RESCUE  OR
ADOPTION  ORGANIZATION  OR  ORGANIZATION  FORMED  FOR  THE PREVENTION OF
CRUELTY TO ANIMALS AND PROVIDED NO OTHER ORGANIZATION HAS REQUESTED  THE
ANIMAL.
  (H)  AN  ANIMAL  WHOSE  PLACEMENT  IS  THE SUBJECT OF AN INSPECTION AS
PROVIDED IN THIS SUBPARAGRAPH MAY BE RELEASED PRIOR  TO  OR  DURING  THE
CONDUCT  OF AN INSPECTION TO ANOTHER ANIMAL RESCUE OR ADOPTION ORGANIZA-
TION OR ORGANIZATION FORMED FOR THE PREVENTION  OF  CRUELTY  TO  ANIMALS
THAT REQUESTS THE ANIMAL.
  F.  AS  USED  IN  THIS  SUBDIVISION, "IRREMEDIABLE PHYSICAL SUFFERING"
MEANS THAT THE ANIMAL SUFFERS FROM A MEDICAL CONDITION THAT HAS  A  POOR
OR  GRAVE  PROGNOSIS  AND THAT THE ANIMAL IS UNLIKELY TO BE ABLE TO LIVE
WITHOUT PROLONGED, SEVERE AND UNREMITTING PAIN DESPITE NECESSARY VETERI-
NARY CARE.
  S 6. This act shall take effect immediately.

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2011-S5363B (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§117 & 374, add §373-a, Ag & Mkts L

2011-S5363B (ACTIVE) - Summary

2011-S5363B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5363B

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing
standards for the care of abandoned, stray or seized animals and to
require the release of a shelter animal to a rescue group upon request
of the rescue group prior to euthanasia of the animal

PURPOSE OR GENERAL IDEA OF BILL:
Requires in most situations in which an animal is scheduled to be
destroyed by a society for the prevention of cruelty to animals,
humane society, pound, or shelter, that when a not-for-profit animal
rescue, animal adoption organization, or organization for the
prevention of cruelty to animals requests to assume care of the
animal it will be transferred to that group's possession.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1:
- This act shall be known and may be cited as the "Companion Animal
Access and Rescue Act" (CAARA).

Section 2:
-Amends subdivisions 3, 4, 6, 7-a and 8 of section 117 of the
agriculture and markets law to establish that the animal is to be
cared for in accordance with the provisions of 373-a of the

agriculture and markets law.

-Sets guidelines for owners to claim their impounded animal from
rescue organizations

Section 3:
-Amends the agriculture and markets law by adding a new section 373-a
to set the responsibilities of the impounding organization and
guidelines for how the impounded animal is to be cared for.

Section 4:
-Amends subdivision 2 of section 374 of the agriculture and markets
law as amended by chapter 449 of the laws of 20 10 to allow the
impounding organization to make impounded animals available for
adoption if they have not been claimed after 5 days.

Section 5:
-Amends section 374 of the agriculture and markets law by adding a new
subdivision 9 to set guidelines for what steps and conditions must be
met for an animal to be destroyed.

Section 6:

-Sets effective date.

JUSTIFICATION:
Animal welfare organizations should work collectively to ensure that
animals are not put to death where responsible alternatives exist. In
California, the Hayden Law of 1998 includes a provision, which this
bill is modeled after, allowing not-for-profit animal rescue or


animal adoption organizations to request possession of a dog or cat
prior to its killing. Also, in 2010 Delaware passed similar
legislation that seeks to find sheltered animals homes, rather than
euthanize them.
Both bills passed with overwhelming bipartisan support. In California,
the bill was approved by a vote of 96 to 12. In Delaware, the bill
passed both houses of the legislature unanimously.

The Companion Animal Access and Rescue Act (CAARA) would require that
a not-for-profit animal rescue or adoption organization must be
granted possession of an animal, on request, if a shelter, society
for the prevention of cruelty to animals, humane society or pound
plans to destroy the animal. The act would not apply in cases where
the animal is physically suffering or is exhibiting signs of rabies.
A regular adoption fee, in addition to a spay or neuter deposit,
could be assessed to the adoptive organization under this act.

This bill also goes a step further by outlining the responsibilities
of those working in animal shelters and setting guidelines for how
the animal is to be cared for while in their possession. These
provisions cover everything from food and exercise requirements to
maintaining lists, both on paper and on the internet, of the animals
currently in the shelter's possession to help facilitate finding
these animals homes.

CAARA will also save the public money. The costs associated with both
housing and caring for shelter animals, along with euthanizing them,
is a burden placed on taxpayers. As more private rescue groups and
humane societies are given access to these animals, we can save
taxpayers money in these economically challenging times.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5363B (ACTIVE) - Bill Text download pdf

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

                                 5363--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 12, 2011
                               ___________

Introduced  by  Sens.  ROBACH, AVELLA, BALL, LANZA, O'MARA -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Agriculture  --  committee  discharged,  bill   amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- 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  estab-
  lishing  standards  for the care of abandoned, stray or seized animals
  and to require the release of a shelter animal to a rescue group  upon
  request of the rescue group prior to euthanasia of the animal

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "companion animal access and rescue act".
  S 2. Subdivisions 3, 4, 6, 7-a and 8 of section 117 of the agriculture
and  markets  law,  subdivisions  3 and 6 as added by chapter 220 of the
laws of 1978, subdivision 4 as amended by section 12 of part T of  chap-
ter 59 of the laws of 2010, subdivision 7-a as amended by chapter 419 of
the laws of 2010 and subdivision 8 as amended by chapter 221 of the laws
of  1978 and such section as renumbered by section 12 of part T of chap-
ter 59 of the laws of 2010, are amended to read as follows:
  3. Each dog seized in accordance with the provisions of  this  article
shall  be  properly  sheltered,  fed  [and], watered [for the redemption
period as hereinafter provided] AND CARED FOR  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS CHAPTER.
  4.  (A)  Each  dog  which  is not identified, whether or not licensed,
shall be held for a MINIMUM period of five  days  from  the  day  seized
during  which period the dog may be redeemed by its owner, provided that
such owner produces proof that the dog has been licensed  and  has  been
identified  pursuant  to  the  provisions  of  this  article and further
provided that the owner pays the following impoundment fees:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10491-10-1

S. 5363--B                          2

  [(a)] (1) not less than ten dollars for the first impoundment  of  any
dog owned by that person;
  [(b)] (2) not less than twenty dollars for the first twenty-four hours
or  part thereof and three dollars for each additional twenty-four hours
or part thereof for the second impoundment, within one year of the first
impoundment, of any dog owned by that person; or
  [(c)] (3) not less than thirty dollars for the first twenty-four hours
or part thereof and three dollars for each additional twenty-four  hours
or  part  thereof  for the third and subsequent impoundments, within one
year of the first impoundment, of any dog owned by that person.
  (B) IN THE EVENT THE OWNER OF AN ANIMAL  IS  SUBSEQUENTLY  IDENTIFIED,
THE  PROVISIONS  OF  SUBDIVISION  SIX  OF  THIS SECTION SHALL APPLY WITH
REGARD TO THE ANIMAL; PROVIDED THAT THE ANIMAL MAY  BE  PLACED  WITH  AN
ANIMAL  RESCUE  OR  ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
PREVENTION OF CRUELTY TO ANIMALS PRIOR TO THE EXPIRATION OF THE FIVE DAY
HOLDING PERIOD, SUBJECT TO REDEMPTION  BY  THE  OWNER  AS  DESCRIBED  IN
SUBDIVISION SIX OF THIS SECTION.
  (C)  The  impoundment  fees set forth in [paragraphs (a), (b) and (c)]
SUBPARAGRAPHS ONE, TWO AND THREE OF PARAGRAPH (A)  of  this  subdivision
notwithstanding, any municipality may set by local law or ordinance such
fees in any amount.
  6. Promptly upon seizure of any identified dog, the owner of record of
such  dog  shall  be  notified  personally  or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemp-
tion. If notification is personally given, such dog shall be held for  a
MINIMUM  period  of  [seven] NINE days after day of notice, during which
period the dog may be redeemed by the owner.  If  such  notification  is
made  by mail, such dog shall be held for a period of [nine] TWELVE days
from the date of mailing, during which period the dog may be redeemed by
the owner. In either case, the owner may redeem such dog upon payment of
the impoundment fees prescribed by subdivision four of this section  and
by producing proof that the dog has been licensed.
  7-a. Any animal in the custody of a [pound] SOCIETY FOR THE PREVENTION
OF  CRUELTY  TO  ANIMALS, HUMANE SOCIETY, POUND OR SHELTER shall be made
available for adoption or euthanized subject to subdivisions six,  eight
and  nine of this section and subject to the provisions of section three
hundred seventy-four of this chapter after the time for  redemption  has
expired[;  provided,  however,  that such release may be made to another
such pound, duly incorporated society for the prevention of  cruelty  to
animals,  duly  incorporated  humane society or duly incorporated animal
protective association for the sole purpose of placing such animal in an
adoptive home, when such action is reasonably believed  to  improve  the
opportunity for adoption].
  8.  The  redemption  periods  set forth above in this section notwith-
standing, any municipality may establish the duration of such periods by
local law or ordinance, provided that no such period shall be less  than
[three]  FIVE  days,  except  that where notice to the owner is given by
mail, no such period shall be less than [seven] TWELVE days.
  S 3. The agriculture and markets  law  is  amended  by  adding  a  new
section 373-a to read as follows:
  S  373-A.  CARE  OF  IMPOUNDED  ANIMALS.  1. ANY OFFICER OR IMPOUNDING
ORGANIZATION TAKING POSSESSION OF ANY  ANIMAL  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THIS CHAPTER, REGARDLESS OF WHETHER THE ANIMAL'S OWNER IS
IDENTIFIED OR NOT  IDENTIFIED,  SHALL  PROVIDE  THE  ANIMAL  DURING  THE
ENTIRETY OF THE ANIMAL'S CUSTODY OR CONSTRUCTIVE CUSTODY WITH:
  A. FRESH FOOD AND FRESH WATER ON AT LEAST A DAILY BASIS;

S. 5363--B                          3

  B.  ENVIRONMENTAL ENRICHMENT SUCH AS SOCIALIZATION, TOYS AND TREATS TO
PROMOTE THE ANIMAL'S PSYCHOLOGICAL WELL-BEING;
  C.  REGULAR  DAILY  EXERCISE  SUITABLE  TO  THE  ANIMAL'S PHYSICAL AND
PSYCHOLOGICAL CONDITION;
  D. CLEAN LIVING ENVIRONMENTS, INCLUDING BUT NOT LIMITED TO  THE  CAGE,
KENNEL AND/OR SPACE WHERE THE ANIMAL IS HOUSED. SUCH AREAS SHALL PROMPT-
LY  RECEIVE NECESSARY CLEANING TO ENSURE ENVIRONMENTS THAT ARE WELCOMING
TO THE PUBLIC AND HYGIENIC FOR BOTH  THE  PUBLIC  AND  ANIMALS,  AND  TO
PREVENT  DISEASE.  ALL  ANIMALS  SHALL BE TEMPORARILY REMOVED FROM THEIR
CAGES, KENNELS, OR OTHER  LIVING  ENVIRONMENTS  DURING  THE  PROCESS  OF
CLEANING  TO  PREVENT  THEM  FROM  BEING  EXPOSED TO WATER FROM HOSES OR
SPRAYS, CLEANING SOLUTIONS, DETERGENTS, SOLVENTS, AND/OR CHEMICALS; AND
  E. PROMPT AND NECESSARY VETERINARY CARE, INCLUDING BUT NOT LIMITED  TO
PREVENTATIVE  VACCINATIONS,  PARASITE CONTROL, CAGE REST, FLUID THERAPY,
PAIN MANAGEMENT, AND/OR ANTIBIOTICS, SUFFICIENT TO ALLEVIATE ANY PAIN OR
SUFFERING CAUSED BY DISEASE OR INJURY, TO PREVENT A CONDITION FROM WORS-
ENING, AND TO ALLOW THE ANIMAL TO LEAVE THE SHELTER IN REASONABLE CONDI-
TION, EVEN IF THE ANIMAL IS NOT A CANDIDATE FOR REDEMPTION, TRANSFER, OR
ADOPTION.
  2. UPON TAKING POSSESSION OF ANY ANIMAL,  ANY  OFFICER  OR  IMPOUNDING
ORGANIZATION  TAKING  POSSESSION  OF  ANY ANIMAL IMPOUNDED IN ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER SHALL:
  A. ENSURE THAT THE ANIMAL IS  CHECKED  FOR  ALL  CURRENTLY  ACCEPTABLE
METHODS  OF  IDENTIFICATION,  INCLUDING MICROCHIPS, IDENTIFICATION TAGS,
COLLARS, TATTOOS, AND LICENSES;
  B. MAINTAIN LISTS, UPDATED  NOT  LESS  THAN  ONCE  DAILY,  OF  ANIMALS
REPORTED  LOST  IN  THE  GEOGRAPHIC  AREA  SERVED BY THE FACILITY HAVING
CUSTODY OF THE  ANIMAL,  AND  COMPARE  THE  LOST  REPORTS  WITH  ANIMALS
REPORTED FOUND AND ANIMALS IN THE SHELTER; AND
  C.  POST  A  DESCRIPTION  OF  EACH  STRAY  ANIMAL ON THE INTERNET ON A
WEBSITE MAINTAINED FOR THAT PURPOSE. THE  DESCRIPTION  SHALL  BE  SUFFI-
CIENTLY DETAILED TO ALLOW THE ANIMAL TO BE RECOGNIZED AND CLAIMED BY ITS
OWNER, AND SHALL INCLUDE BUT NOT BE LIMITED TO DESCRIPTIONS OF IDENTIFI-
CATION  FOUND  ON  THE  ANIMAL,  THE BREED, APPROXIMATE SIZE AND WEIGHT,
COLORING AND IDENTIFYING MARKS, THE DATE AND HOUR OF SEIZURE, THE  OFFI-
CIAL  IDENTIFICATION  NUMBER  OF SUCH ANIMAL, IF ANY, THE LOCATION WHERE
FOUND, THE REASON FOR IMPOUND, AND THE  OWNER'S  NAME  AND  ADDRESS,  IF
KNOWN.
  3.  IF IDENTIFICATION IS FOUND ON AN ANIMAL, THE OFFICER OR IMPOUNDING
ORGANIZATION SHALL, UPON TAKING  POSSESSION  OF  THE  ANIMAL,  UNDERTAKE
REASONABLE  EFFORTS  TO NOTIFY THE OWNER OR CARETAKER OF THE LOCATION OF
THE ANIMAL AND THE PROCEDURES AVAILABLE FOR THE LAWFUL RECOVERY  OF  THE
ANIMAL.  THESE  EFFORTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, NOTIFYING
THE POSSIBLE OWNER BY TELEPHONE, MAIL, OR PERSONAL SERVICE TO  THE  LAST
KNOWN  ADDRESS.  THE OFFICER OR IMPOUNDING ORGANIZATION SHALL, FOLLOWING
THE INITIATION OF EFFORTS TO  NOTIFY  THE  OWNER  OR  CARETAKER,  RETAIN
CUSTODY  OF  THE  ANIMAL  FOR A MINIMUM PERIOD OF NINE DAYS TO ALLOW FOR
REDEMPTION.
  4. A. NO ANIMAL IN THE POSSESSION OF AN OFFICER OR  IMPOUNDING  ORGAN-
IZATION  SHALL  BE DESTROYED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION AND SECTION THREE HUNDRED  SEVENTY-FOUR  OF  THIS  ARTICLE.
BEFORE  AN  ANIMAL IS DESTROYED, ALL OF THE FOLLOWING CONDITIONS MUST BE
MET:
  (1) THERE ARE NO EMPTY CAGES, KENNELS, OR OTHER LIVING ENVIRONMENTS AT
THE IMPOUNDING ORGANIZATION'S FACILITIES OR AT  ANY  ASSOCIATED  FACILI-
TIES; AND

S. 5363--B                          4

  (2)  THE  ANIMAL  CANNOT  SHARE  A  CAGE OR KENNEL WITH ANOTHER ANIMAL
BECAUSE THE ANIMAL IS AGGRESSIVE TO  OTHER  ANIMALS,  HAS  A  CONTAGIOUS
ILLNESS  THE  OTHER  ANIMAL DOES NOT HAVE, OR IS INJURED AND SHARING THE
CAGE WITH ANOTHER ANIMAL WILL AGGRAVATE THE INJURY; AND
  (3) A FOSTER HOME IS NOT AVAILABLE; AND
  (4)  ANIMAL  RESCUE  OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVE BEEN NOTIFIED OF THE SCHE-
DULED EUTHANASIA PURSUANT TO  THE  PROVISIONS  OF  SUBDIVISION  NINE  OF
SECTION  THREE  HUNDRED  SEVENTY-FOUR  OF  THIS ARTICLE AND THERE ARE NO
ANIMAL RESCUE OR ADOPTION ORGANIZATIONS OR ORGANIZATIONS FORMED FOR  THE
PREVENTION OF CRUELTY TO ANIMALS WILLING TO ACCEPT THE ANIMAL; AND
  (5) ALL MANDATES, PROGRAMS AND SERVICES OF THIS CHAPTER HAVE BEEN MET;
AND
  (6)  THE DIRECTOR OF THE IMPOUNDING ORGANIZATION HAVING CUSTODY OF THE
ANIMAL CERTIFIES HE OR SHE HAS NO OTHER ALTERNATIVE.
  B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
  (1) AN ANIMAL WHO IS EXPERIENCING IRREMEDIABLE PHYSICAL SUFFERING WITH
A PROGNOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN  WITH  COMPREHENSIVE
PROMPT  AND  NECESSARY  VETERINARY  CARE,  AS  CERTIFIED IN WRITING BY A
VETERINARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (2) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING  SIGNS  OF  RABIES  AS
CERTIFIED  IN WRITING BY A VETERINARIAN LICENSED TO PRACTICE MEDICINE IN
THIS STATE; OR
  (3) A SYMPTOMATIC DOG WITH A CONFIRMED CASE OF PARVOVIRUS WITH A PROG-
NOSIS FOR RECOVERY THAT IS POOR OR GRAVE EVEN WITH COMPREHENSIVE  PROMPT
AND  NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETERINARIAN
LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (4) A SYMPTOMATIC CAT WITH A CONFIRMED CASE OF  PANLEUKOPENIA  WITH  A
PROGNOSIS  FOR  RECOVERY  THAT  IS POOR OR GRAVE EVEN WITH COMPREHENSIVE
PROMPT AND NECESSARY VETERINARY CARE AS CERTIFIED IN WRITING BY A VETER-
INARIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE; OR
  (5) AN ANIMAL THAT HAS BEEN DETERMINED BY  A  COURT  HAVING  COMPETENT
JURISDICTION  TO  BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
  (6) A DOG WITH A HISTORY OF UNPROVOKED BITING  THAT  HAS  RESULTED  IN
SEVERE  INJURY  TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE OFFICER
OR IMPOUNDING ORGANIZATION PRIOR TO THE CURRENT IMPOUND OF  THE  ANIMAL.
DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL REPORTS DOCU-
MENTING THE CIRCUMSTANCES OF THE BITE AND THE SEVERITY OF THE INJURY.
  C. THE DETERMINATION THAT ALL CONDITIONS OF PARAGRAPH A OF THIS SUBDI-
VISION  HAVE  BEEN MET OR THAT ONE OR MORE OF THE EXCEPTIONS UNDER PARA-
GRAPH B OF THIS SUBDIVISION APPLY SHALL BE MADE IN  WRITING,  SIGNED  BY
THE  DIRECTOR  OF  THE  AGENCY,  AND  BE  MADE AVAILABLE FOR FREE PUBLIC
INSPECTION FOR NO LESS THAN THREE YEARS.
  5. EACH OFFICER OR IMPOUNDING ORGANIZATION SHALL POST, IN A  CONSPICU-
OUS  PLACE  AT THE LOCATION WHERE ANIMALS ARE BEING RELINQUISHED, A SIGN
WHICH IS CLEARLY VISIBLE AND READABLE FROM  ANY  VANTAGE  POINT  IN  THE
AREA,  CONTAINING THE FOLLOWING INFORMATION, IDENTIFIED BY SPECIES-TYPE,
AND SHALL POST SUCH INFORMATION ON THE INTERNET IN A WEBSITE  MAINTAINED
FOR  THAT  PURPOSE, AND SHALL PROVIDE SUCH INFORMATION IN WRITING, AT NO
COST, TO ANY PERSON REQUESTING THE INFORMATION:
  A. THE NUMBER OF ANIMALS IMPOUNDED AT THE FACILITY  DURING  THE  PRIOR
CALENDAR YEAR; AND
  B.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE ADOPTED; AND

S. 5363--B                          5

  C. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR  WHO
WERE TRANSFERRED TO OTHER AGENCIES FOR ADOPTION; AND
  D.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE RECLAIMED BY THEIR OWNERS; AND
  E. THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR  WHO
DIED, WERE LOST, AND/OR WERE STOLEN; AND
  F.  THE NUMBER OF ANIMALS IMPOUNDED DURING THE PRIOR CALENDAR YEAR WHO
WERE DESTROYED.
  6. AS USED IN THIS SECTION:
  A. "IMPOUNDING ORGANIZATION" SHALL HAVE THE MEANING DEFINED IN  SUBDI-
VISION SIX OF SECTION THREE HUNDRED SEVENTY-THREE OF THIS ARTICLE;
  B.  "OFFICER"  MEANS  A  DOG  CONTROL OFFICER OR PEACE OFFICER, ACTING
PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER IN  THE  EMPLOY
OR UNDER CONTRACT TO A MUNICIPALITY;
  C.  "SEVERE  INJURY"  MEANS ANY PHYSICAL INJURY THAT RESULTS IN BROKEN
BONES, PERMANENTLY DISFIGURING LACERATIONS REQUIRING MULTIPLE SUTURES OR
COSMETIC SURGERY; AND
  D. "UNPROVOKED BITE" MEANS A BITE THAT IS  NOT  PROVOKED.  A  BITE  IS
PROVOKED  IF,  AMONG  OTHER  THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF  SELF,  A  PERSON,  ANOTHER
ANIMAL,  OR  PROPERTY,  OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE  DOG  BITES  ACCI-
DENTALLY, AS WHEN PLAYING.
  S  4. Subdivision 2 of section 374 of the agriculture and markets law,
as amended by chapter 449 of the laws of 2010, is  amended  to  read  as
follows:
  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 SUBDIVISION  FOUR  OF
SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS ARTICLE AND TO SUBDIVISION
NINE  OF THIS SECTION AND TO subdivisions six, eight and nine of section
one hundred [eighteen] SEVENTEEN 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  5.  Section  374  of  the agriculture and markets law is amended by
adding a new subdivision 9 to read as follows:
  9. A.  NO ANIMAL IN THE CARE OR CUSTODY OF A DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS,  A  DULY  INCORPORATED  HUMANE
SOCIETY,  OR  A  POUND  OR  SHELTER,  WHETHER  SUCH  ENTITY BE PUBLIC OR
PRIVATE, SHALL BE DESTROYED IF, PRIOR TO THE KILLING OF THAT ANIMAL  FOR
ANY REASON OTHER THAN IRREMEDIABLE PHYSICAL SUFFERING OF THE ANIMAL UPON
A CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
PRACTICE  MEDICINE  IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR
OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE, A
NONPROFIT, AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE  CODE
ANIMAL  RESCUE  OR  ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR THE
PREVENTION OF CRUELTY TO ANIMALS  REQUESTS  POSSESSION  OF  THE  ANIMAL.
ONLY  FOR  PURPOSES OF ESTABLISHING THE INITIAL RELATIONSHIP BETWEEN THE
SHELTER AND THE ANIMAL ADOPTION OR RESCUE ORGANIZATION  OR  ORGANIZATION
FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE SHELTER MAY REQUEST
THAT  THE  ANIMAL ADOPTION OR RESCUE ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS PROVIDE ONE TIME PROOF THAT  IT
HAS  BEEN IN EXISTENCE FOR AT LEAST ONE YEAR, AND THE ORGANIZATION HAS A

S. 5363--B                          6

RELATIONSHIP WITH A LICENSED VETERINARIAN. PROOF OF THE ONE YEAR  RESCUE
THRESHOLD  SHALL  BE CONCLUSIVELY ESTABLISHED BY A COPY OF THE ORGANIZA-
TION'S ARTICLES OF INCORPORATION SHOWING AN  INCORPORATION  DATE  OF  AT
LEAST  ONE  YEAR  PAST, OR A LETTER FROM A LICENSED VETERINARIAN STATING
THAT THE VETERINARIAN HAS BEEN TREATING ANIMALS RESCUED BY THE ORGANIZA-
TION FOR AT LEAST ONE YEAR, OR THROUGH OTHER OBJECTIVE CRITERIA SUCH  AS
A DATED ADVERTISEMENT CONCERNING THE RESCUE EFFORTS OF THE ORGANIZATION.
PROOF  OF  A  RELATIONSHIP WITH A LICENSED VETERINARIAN SHALL BE CONCLU-
SIVELY ESTABLISHED BY A LETTER FROM A LICENSED  VETERINARIAN  CONFIRMING
THE  RELATIONSHIP.   IN ADDITION TO ANY REQUIRED SPAY OR NEUTER DEPOSIT,
THE FACILITY HAVING POSSESSION OF THE ANIMAL,  AT  ITS  DISCRETION,  MAY
ASSESS  A  FEE,  NOT  TO  EXCEED  THE STANDARD ADOPTION FEE, FOR ANIMALS
RELEASED TO SUCH ORGANIZATIONS.
  B. (1) AN ANIMAL  RESCUE  OR  ADOPTION  ORGANIZATION  OR  ORGANIZATION
FORMED  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS INTERESTED IN TAKING
POSSESSION OF ONE OR MORE ANIMALS PURSUANT TO  THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  NOTIFY  THE SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS, THE HUMANE SOCIETY, POUND OR SHELTER,  AS  APPLICABLE,  OF  ITS
DESIRE  TO  DO  SO  AND  SHALL PROVIDE THE SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR  SHELTER  WITH  CONTACT
INFORMATION  FOR THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZA-
TION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS.  AN ANIMAL  RESCUE
OR  ADOPTION  ORGANIZATION  OR ORGANIZATION FORMED FOR THE PREVENTION OF
CRUELTY TO ANIMALS MAY, AT ITS OPTION, FILE ONE NOTICE  WITH  A  SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, POUND OR SHEL-
TER  REQUESTING THAT IT BE NOTIFIED OF ALL ANIMALS HELD BY THAT FACILITY
AND SCHEDULED FOR EUTHANASIA.
  (2) AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED EUTHANASIA OF  AN
ANIMAL,  THE  FACILITY  HAVING  POSSESSION  OF  THE ANIMAL SHALL PROVIDE
NOTICE TO THE ANIMAL RESCUE OR  ADOPTION  ORGANIZATION  OR  ORGANIZATION
FORMED  FOR THE PREVENTION OF CRUELTY TO ANIMALS OF THE SCHEDULED EUTHA-
NASIA BY:
  (A) POSTING OF THE IDENTIFICATION NUMBER OF SUCH ANIMAL ON THE WEBSITE
OF THE FACILITY HAVING POSSESSION OF THE ANIMAL BY DIRECT LINK FROM  THE
FACILITY'S WEBSITE HOME PAGE IF THEY CURRENTLY HAVE ONE; OR
  (B) BY CONTACTING THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGAN-
IZATION  FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS DIRECTLY BY ONE
OR MORE OF THE FOLLOWING MEANS:
  (I) E-MAIL TO THE E-MAIL ADDRESS ON FILE;
  (II) PHONE TO THE PHONE NUMBER ON FILE;
  (III) TEXT MESSAGE TO THE PHONE NUMBER ON FILE;
  (IV) FAX TO THE FAX NUMBER ON FILE; OR
  (V) ANY OTHER MEANS OF ELECTRONIC WRITTEN COMMUNICATION AS PROVIDED BY
THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR  ORGANIZATION  FORMED  FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  (3)  AN  ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS INTENDING TO TAKE POSSESSION OF
AN ANIMAL SCHEDULED FOR EUTHANASIA  SHALL  NOTIFY  THE  FACILITY  HAVING
POSSESSION OF THE ANIMAL OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
OR  ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS' INTENT
TO TAKE POSSESSION OF THE ANIMAL, AT ANY  TIME  PRIOR  TO  THE  ANIMAL'S
EUTHANASIA,  BY  PHONE,  E-MAIL,  FAX, TEXT MESSAGE, OR OTHER ELECTRONIC
WRITTEN REQUEST.
  (4) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION OR  ORGANIZATION  FORMED
FOR  THE PREVENTION OF CRUELTY TO ANIMALS TAKING POSSESSION OF AN ANIMAL
PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL DO  SO  WITHIN  TWO

S. 5363--B                          7

BUSINESS  DAYS OF THE TIME THE ORGANIZATION NOTIFIES THE SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, OR A POUND OR  SHELTER
POSSESSING  THE ANIMAL, AS APPLICABLE, THAT IT IS SEEKING CUSTODY OF THE
ANIMAL, NOT INCLUDING THE DAY UPON WHICH THE NOTICE IS GIVEN.
  C.  UPON  TAKING POSSESSION OF AN ANIMAL, AN ANIMAL RESCUE OR ADOPTION
ORGANIZATION OR ORGANIZATION FORMED FOR THE  PREVENTION  OF  CRUELTY  TO
ANIMALS SHALL ASSUME ALL LIABILITY FOR THE ANIMAL WHILE THE ANIMAL IS IN
THE CUSTODY AND CONTROL OF THE ORGANIZATION; PROVIDED THAT THE ORGANIZA-
TION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO OR BY THE ANIMAL
THAT:
  (1)  OCCURRED PRIOR TO THE TIME THE ORGANIZATION ASSUMED POSSESSION OF
THE ANIMAL; OR
  (2) IS DUE TO THE ACTS OR OMISSIONS OF A PERSON  NOT  ASSOCIATED  WITH
THE ORGANIZATION.
  D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
  (1)  AN  ANIMAL  SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES, AS
DETERMINED BY A LICENSED VETERINARIAN;
  (2) SYMPTOMATIC DOGS WITH CONFIRMED CASES OF PARVOVIRUS UPON A CERTIF-
ICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN LICENSED  TO  PRAC-
TICE  MEDICINE  IN  THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR OR
GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (3) SYMPTOMATIC CATS WITH CONFIRMED  CASES  OF  PANLEUKOPENIA  UPON  A
CERTIFICATION  MADE  IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO
PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY  IS  POOR
OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (4)  AN  ANIMAL  THAT  HAS BEEN DETERMINED BY A COURT HAVING COMPETENT
JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF  SECTION  ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER; OR
  (5)  A  DOG  WITH  A HISTORY OF UNPROVOKED BITING THAT HAS RESULTED IN
SEVERE INJURY TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY  THE  SOCIETY
FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND OR
SHELTER, AS APPLICABLE, PRIOR TO THE  CURRENT  IMPOUND  OF  THE  ANIMAL.
DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL RECORDS DOCU-
MENTING  THE  CIRCUMSTANCES  OF THE BITE AND THE SEVERITY OF THE INJURY.
THE DOCUMENTATION SHALL BE KEPT ON FILE WITH THE DOCUMENTING ENTITY  FOR
THREE YEARS.
  (6)  AS  USED IN THIS SUBDIVISION: (A) "SEVERE INJURY" MEANS ANY PHYS-
ICAL INJURY THAT RESULTS IN BROKEN BONES, PERMANENTLY DISFIGURING LACER-
ATIONS REQUIRING MULTIPLE SUTURES OR COSMETIC SURGERY; AND
  (B) "UNPROVOKED BITING" MEANS BITING THAT IS NOT PROVOKED.  BITING  IS
PROVOKED  IF,  AMONG  OTHER  THINGS, IT OCCURS BECAUSE THE DOG WAS BEING
TAUNTED, OR THE DOG WAS ACTING IN DEFENSE OF  SELF,  A  PERSON,  ANOTHER
ANIMAL,  OR  PROPERTY,  OR THE DOG WAS ACTING FROM MATERNAL INSTINCT, OR
THE DOG WAS REACTING TO HUNGER, PAIN, OR FEAR, OR THE  DOG  BITES  ACCI-
DENTALLY, AS WHEN PLAYING.
  E.  (1)  ANY  ANIMAL  RESCUE  OR ADOPTION ORGANIZATION OR ORGANIZATION
FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS HAVING AN OFFICER, BOARD
MEMBER, STAFF MEMBER OR VOLUNTEER WHO HAS BEEN CONVICTED OF  A  CRIMINAL
OFFENSE  HAVING  AS  ITS  PRIMARY EFFECT THE PREVENTION OR PUNISHMENT OF
ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG  FIGHTING  SHALL  BE  PROHIBITED
FROM  BEING AN ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION
UNTIL SUCH TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER
IS NO LONGER ASSOCIATED WITH THE ORGANIZATION.
  (2) ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED
FOR  THE  PREVENTION  OF  CRUELTY  TO  ANIMALS  HAVING AN OFFICER, BOARD

S. 5363--B                          8

MEMBER, STAFF MEMBER OR VOLUNTEER AGAINST WHOM CHARGES OF VIOLATING  THE
PROVISIONS  OF  A STATUTE HAVING AS ITS PRIMARY EFFECT THE PREVENTION OR
PUNISHMENT OF ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG FIGHTING ARE PEND-
ING  IN A COURT OF LAW SHALL BE PROHIBITED FROM BEING AN ADOPTIVE ORGAN-
IZATION UNDER THE TERMS OF THIS SUBDIVISION  UNTIL  SUCH  TIME  AS  THAT
OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER IS NO LONGER ASSOCIATED
WITH THE ORGANIZATION OR SUCH CHARGES ARE DISMISSED OR DROPPED.
  (3)(A)  IF  THE  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE
HUMANE SOCIETY, POUND  OR  SHELTER  HAS  LEGALLY  SUFFICIENT  REASONABLE
SUSPICION  TO  BELIEVE THAT THE PLACEMENT OF AN ANIMAL WITH A PARTICULAR
ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION  FORMED  FOR  THE
PREVENTION  OF  CRUELTY TO ANIMALS WILL EXPOSE THE ANIMAL TO A SITUATION
INVOLVING CRIMINAL NEGLECT OR CRUELTY TO ANIMALS, IT MAY  CONDITION  THE
RELEASE  OF THE ANIMAL TO SUCH ANIMAL RESCUE OR ADOPTION ORGANIZATION OR
ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO  ANIMALS  UPON  THE
CONDUCT OF AN INSPECTION OF THE ANIMAL RESCUE OR ADOPTION ORGANIZATION'S
FACILITY TO WHICH THAT ANIMAL IS GOING.
  (B)  THE  NEED  FOR  AND  REASONABLE  SUSPICION  FOR  REQUESTING  SUCH
INSPECTION MAY NOT BE  DETERMINED  SOLELY  ON  THE  BASIS  OF  ANONYMOUS
COMPLAINTS  EXCEPT  IF  MADE BY A RELATIVE OF THE RESCUER. UPON REQUEST,
THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE  SOCIE-
TY,  POUND  OR SHELTER, AS APPLICABLE SHALL DIVULGE TO THE ANIMAL RESCUE
OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR  THE  PREVENTION  OF
CRUELTY  TO  ANIMALS  ANY AND ALL INFORMATION PERTAINING TO ITS DETERMI-
NATION OF REASONABLE SUSPICION FOR  AN  INSPECTION,  PROVIDED  THAT  THE
SHELTER CAN EXCISE THE NAME OF THE COMPLAINANT.
  (C)  THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED
FOR THE PREVENTION OF CRUELTY TO ANIMALS MAY  AGREE  TO  OR  REFUSE  THE
INSPECTION. IF THE ORGANIZATION AGREES TO AN INSPECTION, SUCH INSPECTION
SHALL BE CONDUCTED WITHIN FORTY-EIGHT HOURS OF THE TIME THE ORGANIZATION
AGREES  TO THE INSPECTION. IF THE INSPECTION IS NOT CONDUCTED WITHIN THE
FORTY-EIGHT HOUR PERIOD, THE RIGHT TO AN INSPECTION SHALL BE  DEEMED  TO
HAVE BEEN WAIVED. IF THE ORGANIZATION REFUSED THE INSPECTION, THE SOCIE-
TY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY, POUND
OR SHELTER, AS APPLICABLE, MAY DECLINE TO  PLACE  THE  ANIMAL  WITH  THE
REFUSING ORGANIZATION.
  (D)  THE  INSPECTION AUTHORIZED BY THE PROVISIONS OF THIS SUBPARAGRAPH
SHALL BE CONDUCTED BY A PEACE OFFICER, AS DEFINED IN SECTION 2.10 OF THE
CRIMINAL PROCEDURE LAW, WHO IS AUTHORIZED TO INVESTIGATE CRIMES PURSUANT
TO HIS OR HER REGULAR DUTIES.
  (E) THE INSPECTED ANIMAL RESCUE OR ADOPTION ORGANIZATION OR  ORGANIZA-
TION  FORMED  FOR THE PREVENTION OF CRUELTY TO ANIMALS SHALL BE NOTIFIED
OF THE RESULTS OF THE INSPECTION AND WHETHER THE ANIMAL WILL BE RELEASED
TO THE ANIMAL RESCUE OR ADOPTION ORGANIZATION OR ORGANIZATION FORMED FOR
THE PREVENTION OF CRUELTY TO ANIMALS WITHIN  TWENTY-FOUR  HOURS  OF  THE
COMPLETION OF THE INSPECTION.
  (F)  A  FILING  OF  CRIMINAL  NEGLECT  OR  CRUELTY  CHARGES  FOLLOWING
INSPECTION AS PROVIDED IN THIS SUBPARAGRAPH  WILL  CONSTITUTE  A  FAILED
INSPECTION.
  (G)  NO  ANIMAL  SHALL  BE  DESTROYED UNTIL AT LEAST TWENTY-FOUR HOURS
AFTER THE FILING OF  CRIMINAL  CHARGES  AGAINST  THE  ANIMAL  RESCUE  OR
ADOPTION  ORGANIZATION  OR  ORGANIZATION  FORMED  FOR  THE PREVENTION OF
CRUELTY TO ANIMALS AND PROVIDED NO OTHER ORGANIZATION HAS REQUESTED  THE
ANIMAL.
  (H)  AN  ANIMAL  WHOSE  PLACEMENT  IS  THE SUBJECT OF AN INSPECTION AS
PROVIDED IN THIS SUBPARAGRAPH MAY BE RELEASED PRIOR  TO  OR  DURING  THE

S. 5363--B                          9

CONDUCT  OF AN INSPECTION TO ANOTHER ANIMAL RESCUE OR ADOPTION ORGANIZA-
TION OR ORGANIZATION FORMED FOR THE PREVENTION  OF  CRUELTY  TO  ANIMALS
THAT REQUESTS THE ANIMAL.
  F.  AS  USED  IN  THIS  SUBDIVISION, "IRREMEDIABLE PHYSICAL SUFFERING"
MEANS THAT THE ANIMAL SUFFERS FROM A MEDICAL CONDITION THAT HAS  A  POOR
OR  GRAVE  PROGNOSIS  AND THAT THE ANIMAL IS UNLIKELY TO BE ABLE TO LIVE
WITHOUT PROLONGED, SEVERE AND UNREMITTING PAIN DESPITE NECESSARY VETERI-
NARY CARE.
  S 6. This act shall take effect immediately.

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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