Assembly Bill A11049

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11049
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
   read once and referred to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  requir-
   ing  the release of a shelter animal to a rescue group upon request of
   the rescue group prior to the euthanasia of such animal

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "shelter
 animal rescue act".
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 374-a to read as follows:
   §  374-A.  SHELTER  ANIMAL  RESCUE  ACT.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ANIMAL SHELTER" SHALL MEAN A PUBLIC OR  PRIVATE  FACILITY  LOCATED
 WITHIN THE STATE THAT:
   (1)  HAS  A  PHYSICAL  STRUCTURE  THAT PROVIDES TEMPORARY OR PERMANENT
 SHELTER TO STRAY, ABANDONED, ABUSED OR OWNER-SURRENDERED ANIMALS; AND
   (2) IS OPERATED, OWNED OR MAINTAINED BY A HUMANE SOCIETY, SOCIETY  FOR
 THE  PREVENTION  OF  CRUELTY TO ANIMALS, NON-PROFIT ORGANIZATION, POUND,
 DOG CONTROL OFFICER, GOVERNMENT ENTITY OR CONTRACTOR  FOR  A  GOVERNMENT
 ENTITY.
   B. "LICENSED VETERINARIAN" SHALL MEAN AN INDIVIDUAL WHO IS LICENSED TO
 PRACTICE VETERINARY MEDICINE IN THE STATE.
   C. (1) "RESCUE ORGANIZATION" SHALL MEAN AN ORGANIZATION THAT:
   (A)  IS  DESCRIBED  PURSUANT  TO  PARAGRAPH  (3)  OF SUBSECTION (C) OF
 SECTION FIVE HUNDRED ONE OF THE FEDERAL INTERNAL REVENUE CODE AND EXEMPT
 FROM TAXATION PURSUANT TO SUBSECTION (A) OF SECTION FIVE HUNDRED ONE  OF
 THE FEDERAL INTERNAL REVENUE CODE;
   (B) IS AN ANIMAL RESCUE ORGANIZATION, ANIMAL ADOPTION ORGANIZATION, OR
 ORGANIZATION FORMED FOR THE PREVENTION OF CRUELTY TO ANIMALS;
   (C) DOES NOT HAVE AN OFFICER, BOARD MEMBER, STAFF MEMBER, OR VOLUNTEER
 WHO  HAS BEEN CONVICTED OF A CRIMINAL OFFENSE RELATED TO ANIMAL NEGLECT,
 ANIMAL CRUELTY, OR DOG FIGHTING; AND
   (D) HAS BEEN IN EXISTENCE FOR AT LEAST ONE YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17367-01-0

 A. 11049                            2
 
   (2) FOR ANIMALS WITHIN THE  AMBIT  OF  THEIR  LICENSE,  AN  INDIVIDUAL
 LICENSED  TO  REHABILITATE  WILDLIFE BY THE NEW YORK STATE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION
 11-0515 OF THE ENVIRONMENTAL CONSERVATION LAW SHALL ALSO BE CONSIDERED A
 RESCUE  ORGANIZATION, EXCEPT WHERE THE RELEASE OF A PARTICULAR ANIMAL TO
 SUCH INDIVIDUAL WOULD VIOLATE A DULY ENACTED DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION REGULATION.
   D. "IRREMEDIABLE SUFFERING" SHALL MEAN AN ANIMAL WHO HAS AN OBJECTIVE-
 LY GRAVE PROGNOSIS TO BE ABLE TO LIVE WITHOUT SEVERE, UNREMITTING  PHYS-
 ICAL  PAIN  EVEN  WITH  PROMPT,  NECESSARY, AND COMPREHENSIVE VETERINARY
 CARE, AS CERTIFIED IN WRITING BY A LICENSED VETERINARIAN.
   E. "SERIOUS PHYSICAL INJURY" SHALL MEAN A PHYSICAL INJURY TO AN  INDI-
 VIDUAL  CAUSED  BY A DOG BITE WHICH CREATES A SUBSTANTIAL RISK OF DEATH,
 OR WHICH CAUSES DEATH OR SERIOUS OR PROTRACTED DISFIGUREMENT, PROTRACTED
 IMPAIRMENT OF HEALTH OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF
 ANY BODILY ORGAN.
   F. "UNPROVOKED BITING" SHALL MEAN WHEN AN INDIVIDUAL IS  BITTEN  BY  A
 DOG, AND IT DID NOT OCCUR AS A RESULT OF:
   (1) THE TAUNTING OF A DOG;
   (2)  A  DOG  ACTING  IN DEFENSE OF ITSELF, A PERSON, ANOTHER ANIMAL OR
 PROPERTY;
   (3) A DOG ACTING FROM MATERNAL INSTINCT;
   (4) A DOG REACTING TO HUNGER, PAIN OR FEAR; OR
   (5) AN ACCIDENTAL BITE AS WHEN PLAYING.
   G. "UNPROVOKED REPEATED BITING" SHALL MEAN TWO OR  MORE  BITES  OF  AN
 INDIVIDUAL  OR  INDIVIDUALS BY A DOG RESULTING IN PHYSICAL INJURIES THAT
 WERE NOT PROVOKED IN THE PRIOR TWENTY-FOUR  MONTHS,  DOCUMENTED  BY  THE
 AGENCY  CHARGED  WITH ENFORCING STATE AND LOCAL ANIMAL LAWS PRIOR TO THE
 CURRENT IMPOUND.
   H. "BUSINESS DAY" SHALL MEAN ANY DAY AN ANIMAL SHELTER IS OPEN TO  THE
 PUBLIC  FOR  ADOPTION AND REDEMPTION FOR A CONTINUOUS PERIOD OF AT LEAST
 FOUR HOURS.
   2. A. NOT LESS THAN TWO BUSINESS DAYS BEFORE THE SCHEDULED  EUTHANASIA
 OF ANY ANIMAL HELD AT AN ANIMAL SHELTER, SUCH ANIMAL SHELTER SHALL:
   (1)  NOTIFY OR MAKE A REASONABLE ATTEMPT TO NOTIFY BY VERIFIABLE WRIT-
 TEN OR ELECTRONIC COMMUNICATION ANY RESCUE ORGANIZATION THAT HAS  PREVI-
 OUSLY REQUESTED TO BE NOTIFIED BEFORE ANIMALS ARE EUTHANIZED; AND
   (2)  ALLOW  ANY  RESCUE ORGANIZATION WHO HAS BEEN NOTIFIED PURSUANT TO
 SUBPARAGRAPH ONE OF THIS PARAGRAPH TO TAKE POSSESSION OF THE  ANIMAL  IF
 THEY SO REQUEST IN ORDER TO AVOID SUCH ANIMAL'S DEATH.
   B.  ANY RESCUE ORGANIZATION WHO TAKES POSSESSION OF AN ANIMAL PURSUANT
 TO PARAGRAPH A OF THIS SUBDIVISION SHALL DO SO WITHIN FORTY-EIGHT  HOURS
 OF BEING NOTIFIED.
   C.  NO  ANIMAL  SHELTER SHALL EUTHANIZE ANY ANIMAL WITHOUT MEETING THE
 REQUIREMENTS OF THIS SUBDIVISION, EXCEPT FOR:
   (1) AN ANIMAL THAT IS IRREMEDIABLY SUFFERING;
   (2) A DOG ADJUDICATED TO BE DANGEROUS PURSUANT TO SECTION ONE  HUNDRED
 TWENTY-THREE OF THIS CHAPTER, AND THAT HAS BEEN ORDERED TO BE EUTHANIZED
 BY THE COURT;
   (3)  A  DOG  WITH  A  DOCUMENTED HISTORY OF UNPROVOKED BITING THAT HAS
 RESULTED IN SERIOUS PHYSICAL  INJURY  TO  AN  INDIVIDUAL.  DOCUMENTATION
 SHALL  CONSIST  OF  MEDICAL REPORTS MADE AT OR AROUND THE TIME THE PRIOR
 BITE INCIDENT OCCURRED WHICH DESCRIBE THE CIRCUMSTANCES  OF  SUCH  BITE,
 THE  NATURE  AND  SEVERITY  OF  THE INJURY, AND TREATMENTS GIVEN FOR THE
 INJURY;

 A. 11049                            3
 
   (4) A DOG WITH A DOCUMENTED HISTORY OF UNPROVOKED REPEATED BITING THAT
 HAS RESULTED  IN  PHYSICAL  INJURY  OF  AN  INDIVIDUAL  OR  INDIVIDUALS.
 DOCUMENTATION  SHALL  CONSIST  OF  MEDICAL REPORTS MADE AT OR AROUND THE
 TIME THE PRIOR BITE INCIDENTS OCCURRED WHICH DESCRIBE THE  CIRCUMSTANCES
 OF  THE  BITES,  THE NATURE AND SEVERITY OF THE INJURIES, AND TREATMENTS
 GIVEN FOR THE INJURIES;
   (5) AN ANIMAL WHICH HAS BITTEN AN INDIVIDUAL AND IS SUSPECTED TO CARRY
 AND EXHIBITING SIGNS OF RABIES, AS DETERMINED BY A LICENSED  VETERINARI-
 AN.
   D. UPON TAKING POSSESSION OF AN ANIMAL PURSUANT TO THIS SUBDIVISION, A
 RESCUE  ORGANIZATION  SHALL  ASSUME  ALL LIABILITY FOR SUCH ANIMAL WHILE
 SUCH ANIMAL IS IN THE CUSTODY AND CONTROL OF SUCH ORGANIZATION AND SHALL
 MAINTAIN LIABILITY INSURANCE FOR THAT PURPOSE, PROVIDED THAT SUCH ORGAN-
 IZATION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO  OR  BY  SUCH
 ANIMAL THAT:
   (1) OCCURRED PRIOR TO THE TIME SUCH ORGANIZATION ASSUMED POSSESSION OF
 SUCH ANIMAL; OR
   (2)  IS  DUE  TO THE ACTS OR OMISSIONS OF A PERSON NOT ASSOCIATED WITH
 SUCH ORGANIZATION.
   § 3. This act shall take effect immediately.