Exempts certain police work dogs, that may bite an individual in the course of their official duty, from confinement and observation periods.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ranzenhofer
TITLE OF BILL: An act to amend the public health law, in relation to exempting police dogs from confinement and observation
PURPOSE: The bill would all the police department to seek a waiver of confinement if a police work dog happens to bite an individual while in the course of their official duty.
SUMMARY OF PROVISIONS:
Section 1. If a police work dog bites an individual in the course of their official duty the police department may apply for a waiver of confinement from the local department of health. In order to obtain a waiver the department must provide an updated rabies vaccination record.
EXISTING LAW: Current law requires animals who may have exposed an individual to rabies must be confined for a 10 day observation period.
JUSTIFICATION: Police dogs, as part of their official duty, may have to subdue fleeing suspects and in this process may potentially bite an individual. Police dogs, who are a vital cart of the police department, should not be detained for 10 days if the dog happens to bite an individual in the course of their official duty.
LEGISLATIVE HISTORY: 2012- S.6244-A - Reported to Rules
FISCAL IMPLICATIONS: Needs to be determined
EFFECTIVE DATE: Effective Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1993 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to exempting police dogs from confinement and observation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 2140 of the public health law, as amended by chapter 510 of the laws of 2011, is amended to read as follows: 7. "Confinement and observation" refers to the conditions under which apparently healthy dogs, cats, domesticated ferrets, and domestic live- stock, which are not exhibiting symptoms of rabies, must be maintained to determine rabies status if such an animal has potentially exposed a person to rabies, and the owner wishes to avoid euthanizing and testing the animal. If the county health authority does not approve home confinement, the ten day confinement and observation period must take place, at owner's expense, at an appropriate facility such as an animal shelter, veterinarian's office, kennel or farm. The confinement must include (i) provisions to prevent escape of the animal during the confinement period and (ii) requirements that the owner notify the public health authority immediately if the animal becomes ill at anytime during confinement, and (iii) verification by the county health authori- ty or their designee at the end of the ten day period that the animal is healthy. IF A POLICE WORK DOG BITES AN INDIVIDUAL IN THE COURSE OF THEIR OFFICIAL DUTY THE POLICE DEPARTMENT MAY APPLY FOR A WAIVER FROM CONFINE- MENT FROM THE LOCAL DEPARTMENT OF HEALTH. IN ORDER TO OBTAIN A WAIVER THE POLICE DEPARTMENT SHALL PROVIDE THE LOCAL HEALTH DEPARTMENT WITH AN UPDATED RABIES VACCINATION RECORD. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00483-01-3