Bill S1506-2009

Provides for humane destruction or disposition of certain animals; repealer

Provides for humane destruction or disposition of certain animals.

Details

Actions

  • Jan 6, 2010: REFERRED TO AGRICULTURE
  • Feb 2, 2009: REFERRED TO AGRICULTURE

Memo

 BILL NUMBER:  S1506

TITLE OF BILL : An act to amend the agriculture and markets law, in relation to the humane destruction or disposition of certain animals; and repealing certain provisions of such law relating thereto

PURPOSE :

To ensure that euthanization of animals is done in the most humane manner possible.

SUMMARY OF PROVISIONS :

Section 1 -- Repeals subdivisions 2-a, 2-b, 2-c, 2-d, and 2-e of Agriculture and Markets Law section 374.

Section 2 -- Updates subdivision 1 of Agriculture and Markets Law section 374 to state who may euthanize an animal. Additionally, this section amends subdivision 2 of Agriculture and Markets Law section 374 to update the procedures for the destruction of an animal after the animal has not been adopted from certain facilities.

Section 3 -- Amends section 374 of the Agriculture and Markets Law to establish the procedures for the humane euthanization of animals.

Section 4 -- Makes technical changes to Agriculture and Markets Law section 374(8)(b) and (e).

Section 5 -- Makes technical changes to Agriculture and Markets Law section 332.

Section 6 -- Effective date.

JUSTIFICATION :

This legislation updates the outdated portions of the Agriculture and Markets Law governing euthanasia of animals taken in by shelters, humane societies and SPCAs to ensure that, when it is necessary, euthanasia is performed in the most humane manner possible. To this end, the bill requires -- except in certain circumstances where other methods of euthanasia would be more humane -- that euthanasia be performed by injection of a sodium pentobarbital or sodium pentobarbital solution by a licensed veterinarian, euthanasia technician, or veterinary technician.

LEGISLATIVE HISTORY :

S.6846-A of 2007-2008

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : This act shall take effect of the three hundred sixty-fifth day after it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 1506 2009-2010 Regular Sessions IN SENATE February 2, 2009 ___________
Introduced by Sens. DeFRANCISCO, GRIFFO, LARKIN, MORAHAN -- 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 the humane destruction or disposition of certain animals; and repealing certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2-a, 2-b, 2-c, 2-d and 2-e of section 374 of the agriculture and markets law are REPEALED. S 2. Subdivisions 1 and 2 of section 374 of the agriculture and markets law, as added by chapter 545 of the laws of 1971, are amended to read as follows: 1. Any agent or officer of [the American Society for the Prevention of Cruelty to Animals, or of any society duly incorporated for that purpose] A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL SHELTER, HUMANE SOCIETY, or any police officer, may lawfully [and humanely destroy or] cause to be humanely destroyed (BY MEANS PROVIDED FOR IN PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION) any animal found abandoned and not properly cared for, or any lost, strayed, homeless or unwanted animal, if upon examination a licensed [veterinary surgeon] VETERINARIAN shall certify in writing, or if two reputable citizens called [by him] UPON BY SUCH AGENT, OFFICER OR POLICE OFFICER to view the same in his OR HER presence find that the animal is so maimed, diseased, disabled, or infirm so as to be unfit for any useful purpose OR SUCH THAT IN THE OPINION OF A LICENSED VETERINARIAN, HUMANE EUTHANASIA IS WARRANTED; or after such agent [or], officer OR POLICE OFFICER has obtained in writing from the owner of such animal his OR HER consent to such destruction. 2. In the absence of such findings or certificate [the American Socie- ty for the Prevention of Cruelty to Animals or any society duly incorpo-
rated for that purpose]
A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ANIMAL SHELTER, OR HUMANE SOCIETY may after five days [humanely destroy] MAKE AVAILABLE FOR ADOPTION OR HAVE HUMANELY DESTROYED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, any animal of which possession is taken as provided for in the preceding section, unless the same is earlier redeemed by its owner. S 3. Subdivisions 3, 4 and 5 of section 374 of the agriculture and markets law are renumbered subdivisions 6, 7 and 8 and three new subdi- visions 3, 4 and 5 are added to read as follows: 3. A. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, EUTHANA- SIA OF ANIMALS PURSUANT TO THIS SECTION SHALL BE ACCOMPLISHED SOLELY BY MEANS OF INJECTION OF SODIUM PENTOBARBITAL OR SODIUM PENTOBARBITAL SOLUTION ADMINISTERED BY A CERTIFIED EUTHANASIA TECHNICIAN, A LICENSED VETERINARIAN OR A LICENSED VETERINARY TECHNICIAN. EUTHANASIA BY INTRA- CARDIAC INJECTION OF SODIUM PENTOBARBITAL OR SODIUM PENTOBARBITAL SOLUTION SHALL ONLY BE PERFORMED UPON ANIMALS THAT ARE UNCONSCIOUS, UNLESS A LICENSED VETERINARIAN DETERMINES THAT AN INTRACARDIAC INJECTION ON A CONSCIOUS ANIMAL IS THE MOST HUMANE METHOD OF EUTHANASIA FOR THE INDIVIDUAL ANIMAL. B. NO ANIMAL SHALL BE LEFT UNATTENDED BETWEEN THE TIME THAT THE EUTHA- NASIA PROCEDURE BEGINS AND THE TIME WHEN DEATH IS CONFIRMED. THE BODY OF A EUTHANIZED ANIMAL SHALL NOT BE DISPOSED OF IN ANY MANNER UNTIL DEATH IS CONFIRMED BY A LICENSED VETERINARIAN, A CERTIFIED EUTHANASIA TECHNICIAN OR A LICENSED VETERINARY TECHNICIAN. VIOLATIONS OF THIS PARAGRAPH SHALL BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS. THE DEPARTMENT SHALL PROMULGATE REGULATIONS DEEMED NECESSARY FOR IMPLEMENTATION OF THE PROVISIONS OF THIS SUBDIVISION, INCLUDING REGU- LATIONS GOVERNING THE TRAINING AND CERTIFICATION OF CERTIFIED EUTHANASIA TECHNICIANS. 4. A. ANY METHOD OF EUTHANASIA OTHER THAN THAT PROVIDED FOR IN SUBDI- VISION THREE OF THIS SECTION IS PROHIBITED EXCEPT THAT EUTHANASIA OF AN ANIMAL BY GUNSHOT IS PERMISSIBLE AS AN EMERGENCY MEASURE FOR AN ANIMAL THAT IS POSING AN IMMINENT THREAT OF SERIOUS PHYSICAL INJURY TO A PERSON OR TO ANOTHER ANIMAL AS PROVIDED IN SECTION ONE HUNDRED TWENTY-ONE-A OF THIS CHAPTER AND WHERE THE USE OF A HUMANE METHOD OF EUTHANASIA PRESCRIBED IN THIS SECTION IS RENDERED IMPOSSIBLE OR WHERE A SEVERELY INJURED ANIMAL IS SUFFERING AND CANNOT OTHERWISE BE AIDED. B. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, ANY CHAMBER USED TO INDUCE HYPOXIA BY MEANS OF A LETHAL GAS SHALL BE DISMAN- TLED, RENDERED INOPERABLE AND BEYOND REPAIR, AND REMOVED FROM THE PREM- ISES. VIOLATIONS OF THIS PARAGRAPH SHALL BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS. 5. NO PERSON SHALL RELEASE ANY DOG OR CAT FROM THE CUSTODY OR CONTROL OF ANY POUND, SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE SOCIETY, DOG PROTECTIVE ASSOCIATION, DOG CONTROL OFFICER, PEACE OFFICER OR ANY AGENT THEREOF, FOR ANY PURPOSE EXCEPT ADOPTION OR REDEMP- TION BY ITS OWNER. NOTWITHSTANDING THE PENALTIES SET FORTH IN PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION AND PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION, ANY VIOLATION OF THIS SUBDIVISION, SUBDIVISIONS TWO, THREE OR FOUR OF THIS SECTION, SHALL CONSTITUTE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH. S 4. Paragraphs b and e of subdivision 8 of section 374 of the agri- culture and markets law, as added by chapter 569 of the laws of 1995 and
such subdivision as renumbered by section three of this act, are amended to read as follows: b. Pursuant to the provisions of subdivisions [two-a, two-b, two-c and two-d] TWO, THREE, FOUR AND FIVE of this section, no dog or cat in the custody of a duly incorporated society for the prevention of cruelty to animals, a duly incorporated humane society or its authorized agents thereof, or a pound or shelter, shall be sold, transferred or otherwise made available to any person for the purpose of research, experimenta- tion or testing. No authorized agent of a duly incorporated society for the prevention of cruelty to animals, nor of a duly incorporated humane society, shall use any animal placed in its custody by the duly incorpo- rated society for the prevention of cruelty to animals or duly incorpo- rated humane society for the purpose of research, experimentation or testing. e. A duly incorporated society for the prevention of cruelty to animals or a duly incorporated humane society in charge of animals forfeited pursuant to paragraph a of this subdivision may, in its discretion, lawfully and without liability, adopt them to individuals other than the convicted person or person dwelling in the same household who conspired, aided or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act, or humanely dispose of them according to the provisions of subdivisions [two-a, two-b, two-c, and two-d] TWO, THREE, FOUR AND FIVE of this section. S 5. Section 332 of the agriculture and markets law, as amended by chapter 674 of the laws of 1980, is amended to read as follows: S 332. Disposition. Any person having in his care, custody, or control any abandoned animal, as defined in section three hundred thirty-one of this [chapter] ARTICLE, may deliver such animal to any humane society or society for the prevention of cruelty to animals having facilities for the care and eventual disposition of such animals, or, in the case of dogs, cats and other small animals, to any pound maintained by or under contract or agreement with any county, city, town, or village within which such animal was abandoned. The person with whom the animal was abandoned shall, however, on the day of divesting himself of possession thereof, notify the person who had placed such animal in his custody of the name and address of the animal society or pound to which the animal has been delivered, such notice to be by registered letter mailed to the last known address of the person intended to be so notified. If an animal is not claimed by its owner within five days after being so delivered to such humane society or society for the prevention of cruel- ty to animals, or pound, such animal may at any time thereafter be placed for adoption in a suitable home or euthanized IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER. In no event, however, shall the use of a decompression chamber or decom- pression device of any kind be used for the purpose of destroying or disposing of such animal. S 6. Subdivisions 7 and 7-a of section 118 of the agriculture and markets law, subdivision 7 as amended by chapter 645 of the laws of 1988 and subdivision 7-a as amended by chapter 619 of the laws of 1987, are amended to read as follows: 7. An owner shall forfeit title to any dog unredeemed at the expira- tion of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to the provisions [of subdivisions two-a, two-b, two-c, two-d, and two-e] of section three hundred seventy-four of this chapter. Provided that no dog in the custo-
dy of a pound or shelter shall be delivered for adoption unless it has been licensed pursuant to the provisions of this article prior to its release from the custody of a pound or shelter. Any municipality may by local law or ordinance establish additional conditions for adoption including the requirement that adopted dogs shall be spayed or neutered before or after release from custody upon such terms and conditions as the municipality may establish. 7-a. Any dog or cat in the custody of a pound or shelter shall be made available for adoption or euthanized subject to the provisions [of subdivisions two-a, two-b, two-c, two-d, and two-e] of section three hundred seventy-four of this chapter after the time for redemption has expired. S 7. This act shall take effect on the three hundred sixty-fifth day after it shall have become a law.

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