The New York State Senate

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

                                   79

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to limiting
  the right of a person who has violated certain animal cruelty statutes
  from working at an animal shelter

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

  Section 1. Section 353-a of the agriculture and markets law is amended
by adding a new subdivision 4 to read as follows:
  4.  NO PERSON WHO IS CONVICTED ON AND AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, OF A VIOLATION OF THIS SECTION SHALL BE ALLOWED  TO  ACCEPT
OR  REMAIN  IN A POSITION AS A DOG CONTROL OFFICER, ANIMAL CONTROL OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.  FOR THE  PURPOSES  OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY  COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
THE  PREVENTION  OF CRUELTY TO ANIMALS.  ANY DOG CONTROL OFFICER, ANIMAL
CONTROL OFFICER OR PAID EMPLOYEE OR VOLUNTEER FOUND IN VIOLATION OF THIS
SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 2. Section 353 of the agriculture and markets  law,  as  amended  by
chapter  458 of the laws of 1985 and the opening paragraph as amended by
chapter 523 of the laws of 2005, is amended to read as follows:
  S 353. Overdriving, torturing and injuring animals; failure to provide
proper sustenance. 1. A person who overdrives,  overloads,  tortures  or
cruelly  beats  or  unjustifiably injures, maims, mutilates or kills any
animal, whether wild or tame, and whether belonging  to  himself  or  to

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

                                                           LBD00681-01-5

S. 79                               2

another,  or deprives any animal of necessary sustenance, food or drink,
or neglects or refuses to furnish it such sustenance or drink, or  caus-
es,  procures  or  permits  any  animal  to  be  overdriven, overloaded,
tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or
killed,  or  to  be deprived of necessary food or drink, or who wilfully
sets on foot, instigates, engages in, or in any way furthers any act  of
cruelty  to  any  animal, or any act tending to produce such cruelty, is
guilty of a class A misdemeanor and for purposes  of  paragraph  (b)  of
subdivision  one  of section 160.10 of the criminal procedure law, shall
be treated as a misdemeanor defined in the penal law.
  2. Nothing herein contained shall be construed to prohibit  or  inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations,  involving  the use of living animals, performed or conducted
in laboratories or institutions, which are approved for  these  purposes
by  the  state  commissioner of health. The state commissioner of health
shall prescribe the rules under which such approvals shall  be  granted,
including therein standards regarding the care and treatment of any such
animals.  Such rules shall be published and copies thereof conspicuously
posted in each such laboratory or institution. The state commissioner of
health or his duly authorized representative shall  have  the  power  to
inspect such laboratories or institutions to insure compliance with such
rules  and  standards. Each such approval may be revoked at any time for
failure to comply with such rules and in any case the approval shall  be
limited to a period not exceeding one year.
  3.  NO PERSON WHO IS CONVICTED ON AND AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, OF A VIOLATION OF THIS SECTION SHALL BE ALLOWED  TO  ACCEPT
OR  REMAIN  IN A POSITION AS A DOG CONTROL OFFICER, ANIMAL CONTROL OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.  FOR THE  PURPOSES  OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY  COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
THE  PREVENTION  OF CRUELTY TO ANIMALS.  ANY DOG CONTROL OFFICER, ANIMAL
CONTROL OFFICER OR PAID EMPLOYEE OR VOLUNTEER FOUND IN VIOLATION OF THIS
SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 3. Section 351 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  NO PERSON WHO IS CONVICTED ON AND AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, OF A VIOLATION OF THIS SECTION SHALL BE ALLOWED  TO  ACCEPT
OR  REMAIN  IN A POSITION AS A DOG CONTROL OFFICER, ANIMAL CONTROL OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.  FOR THE  PURPOSES  OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY  COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
THE  PREVENTION  OF CRUELTY TO ANIMALS.  ANY DOG CONTROL OFFICER, ANIMAL
CONTROL OFFICER OR PAID EMPLOYEE OR VOLUNTEER FOUND IN VIOLATION OF THIS
SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 4. Section 355 of the agriculture and markets  law,  as  amended  by
chapter 458 of the laws of 1985, is amended to read as follows:

S. 79                               3

  S 355. Abandonment  of animals. 1. A person being the owner or posses-
sor, or having charge or custody of an animal, who abandons such animal,
or leaves it to die in a street, road or public  place,  or  who  allows
such  animal,  if it become disabled, to lie in a public street, road or
public  place  more than three hours after he receives notice that it is
left disabled, is guilty of a misdemeanor,  punishable  by  imprisonment
for  not  more than one year, or by a fine of not more than one thousand
dollars, or by both.
  2. NO PERSON WHO IS CONVICTED ON AND AFTER THE EFFECTIVE DATE OF  THIS
SUBDIVISION,  OF  A VIOLATION OF THIS SECTION SHALL BE ALLOWED TO ACCEPT
OR REMAIN IN A POSITION AS A DOG CONTROL OFFICER, ANIMAL  CONTROL  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS.  FOR THE PURPOSES OF
THIS SUBDIVISION, THE TERM "VOLUNTEER" SHALL NOT INCLUDE ANYONE REQUIRED
BY COURT ORDER TO FULFILL A COMMUNITY SERVICE REQUIREMENT IN SERVICE  AT
ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED  ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS.  ANY DOG CONTROL  OFFICER,  ANIMAL
CONTROL OFFICER OR PAID EMPLOYEE OR VOLUNTEER FOUND IN VIOLATION OF THIS
SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.