S T A T E O F N E W Y O R K
________________________________________________________________________
7312--C
2011-2012 Regular Sessions
I N A S S E M B L Y
April 29, 2011
___________
Introduced by M. of A. KELLNER, TITONE, RAIA, COLTON, ZEBROWSKI, MILL-
MAN, CAMARA, ENGLEBRIGHT, BROOK-KRASNY, MOYA, WEPRIN -- Multi-Spon-
sored by -- M. of A. CURRAN, GABRYSZAK, GIBSON, GOTTFRIED, HEVESI,
KATZ, LUPARDO, MARKEY, McDONOUGH, McENENY, MONTESANO, RABBITT, TENNEY,
WEISENBERG -- read once and referred to the Committee on Agriculture
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- recommitted to the Committee on Agriculture in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 and such section as renumbered by
section 12 of part T of chapter 59 of the laws of 2010, subdivision 7-a
as amended by chapter 83 of the laws of 2011 and subdivision 8 as
amended by chapter 221 of the laws of 1978, are amended to read as
follows:
3. [Each] NOTWITHSTANDING ANY STATE OR LOCAL LAW TO THE CONTRARY, EACH
dog seized in accordance with the provisions of this article shall be
properly sheltered, fed [and], watered [for the redemption period as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10491-13-1
A. 7312--C 2
hereinafter provided] AND CARED FOR IN ACCORDANCE WITH THE PROVISIONS OF
SECTION THREE HUNDRED SEVENTY-THREE-A OF THIS CHAPTER.
[4. Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day seized during which peri-
od 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) not less than ten dollars for the first impoundment of any dog
owned by that person;
(b) 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) 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.
The impoundment fees set forth in paragraphs (a), (b) and (c) of this
subdivision notwithstanding, any municipality may set by local law or
ordinance such fees in any amount.]
6. [Promptly] NOTWITHSTANDING ANY STATE OR LOCAL LAW TO THE CONTRARY,
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 redemption. 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 FOLLOWING
impoundment fees [prescribed by subdivision four of this section] and by
producing proof that the dog has been licensed[.]:
(A) NOT LESS THAN TEN DOLLARS FOR THE FIRST IMPOUNDMENT OF ANY DOG
OWNED BY THAT PERSON;
(B) 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) 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.
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
A. 7312--C 3
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;
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
A. 7312--C 4
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
(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.
A. 7312--C 5
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
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
A. 7312--C 6
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
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.
A. 7312--C 7
(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
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
A. 7312--C 8
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
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
A. 7312--C 9
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
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.