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Same as: A11178A , , A11178A , , A11178A Versions: S7955, S7955A

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S7955A Actions

S7955A - SUBSTITUTED BY A11178A - Jun 30, 2010
S7955A - COMMITTEE DISCHARGED AND COMMITTED TO RULES - Jun 29, 2010
S7955A - ORDERED TO THIRD READING CAL.1351 - Jun 29, 2010
S7955A - AMEND AND RECOMMIT TO AGRICULTURE - Jun 8, 2010
S7955A - PRINT NUMBER 7955A - Jun 8, 2010
S7955 - REFERRED TO AGRICULTURE - May 26, 2010

S7955A Committee Meetings

S7955A Calendars

S7955A Votes

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Same As: A11178A Votes

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S7955A Memo

BILL NUMBER:S7955A

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the disposition of abandoned animals; and to amend the education law, in relation to authorizing certified euthanasia technicians to perform certain veterinary medicine practices without a license

PURPOSE OR GENERAL IDEA OF BILL: To amend Chapter 479 of the laws of 2009 in order to make certain clar ifications with regard to where an abandoned animal may be delivered; and that certified euthanasia technicians who are registered or euthana sia technicians in training may practice veterinary medicine within the scope of their certification or training without a license to practice veterinary medicine

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 332 of the agriculture and markets law, as amended by chapter 479 of the laws of 2009, by adding "duly incorporated humane society" to the list of places to which a person may deliver an abandoned animal.

Section two amends subdivisions 1 and 2 of section 374 of the agricul ture and markets law, as amended by chapter 479 of the laws of 2009, by adding "duly incorporated humane society" to the list of places that may lawfully cause to be humanely destroyed, or release for adoption, certain abandoned animals.

Section three amends section 6705 of the education law by adding a new subdivision 13 which adds any person certified and currently registered as a certified euthanasia technician, or any person undergoing training for such certification, to the list of exempt persons who shall be permitted to practice veterinary medicine within the state without a license, provided that such practice is limited to that person's certif ication or training.

Section three provides the effective date. JUSTIFICATION:

Currently duly incorporated humane societies receive, release for adoption, or lawfully and humanely destroy certain abandoned animals in their care. This bill merely adds "duly incorporated humane society" to the list of places that may carry out such practices. Certified and currently registered euthanasia technicians, and techni cians undergoing training for certification in the field, have been practicing euthanasia of animals throughout the state. This legislation codifies such practice and clarifies that such persons are permitted by law to practice certain aspects of veterinary medicine without a license in veterinary medicine, so long as the practice of veterinary medicine is limited to such person's training and certification. This legislation will further ensure that those who practice euthanasia of animals

an important practice when practiced humanely are practitioners who are certified and registered, or are in training to be certified, and thus are well trained.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None.



EFFECTIVE DATE: On the same date and in the same manner as section 5 of chapter 479 of the laws of 2009 takes effect.

S7955A Text

S T A T E O F N E W Y O R K
7955--A
I N SENATE May 26, 2010
Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture - committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the agriculture and markets law, in relation to the disposition of abandoned animals; and to amend the education law, in relation to authorizing certified euthanasia technicians to perform certain veterinary medicine practices without a license

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


Section 1.

Section 332 of the agriculture and markets law, as amended by chapter 479 of the laws of 2009, is amended to read as follows:


S 332. Disposition. Any person having in his OR HER care, custody, or control any abandoned animal, as defined in section three hundred thir ty-one of this article, may deliver such animal to any duly incorporated society for the prevention of cruelty to animals OR ANY DULY INCORPO RATED HUMANE SOCIETY having facilities for the care and eventual dispo sition 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 aban doned. The person with whom the animal was abandoned shall, however, on the day of divesting himself OR HERSELF of possession thereof, notify the person who had placed such animal in his OR HER 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 duly incorporated society for the prevention of cruelty to animals, DULY INCORPORATED HUMANE SOCIETY 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 decompression device of any kind be used for the purpose of destroying or disposing of such animal. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16795-06-0
S. 7955--A 2

S 2. Subdivisions 1 and 2 of section 374 of the agriculture and markets law, as amended by chapter 479 of the laws of 2009, are amended to read as follows:
1. Any agent or officer of ANY DULY INCORPORATED HUMANE SOCIETY, a duly incorporated society for the prevention of cruelty to animals, any dog control officer, or any police officer, may lawfully 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 examina tion a licensed veterinarian shall certify in writing, or if two reputable citizens called 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 and that humane euthanasia is warranted; or after such agent, 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 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 subdivisions six, eight and nine of section one hundred eighteen 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 3.

Section 6705 of the education law is amended by adding a new subdivision 13 to read as follows:
13. ANY PERSON CERTIFIED AND CURRENTLY REGISTERED AS A CERTIFIED EUTHANASIA TECHNICIAN PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THE AGRICULTURE AND MARKETS LAW OR ANY PERSON UNDERGOING TRAINING FOR SUCH CERTIFICATION WHERE SUCH TRAINING IS CONDUCTED IN ACCORDANCE WITH THE REQUIREMENTS OF SUCH SECTION, PROVIDED THAT SUCH PRACTICE IS LIMITED TO SUCH CERTIFICATION OR TRAINING.

S 4. This act shall take effect on the same date and in the same manner as section 5 of chapter 479 of the laws of 2009, takes effect.

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