What's happening
This bill prohibits anyone convicted of animal cruelty or abandonment from working or volunteering at animal shelters or related organizations in New York.
Why it matters
Enhances animal welfare protections. by ensuring that individuals with a history of animal cruelty or abandonment are barred from positions of authority, care, or influence in animal-related organizations, reducing the risk of re-offense or harm to sheltered animals.
Strengthens public trust. in animal shelters, humane societies, and related organizations by mandating stricter personnel standards, which can make adopters, donors, and the community more confident in the ethical treatment of animals within these facilities.
Establishes clear legal consequences. (class A misdemeanor) not only for those with convictions who attempt to work or volunteer in these settings, but also for organizations that permit such employment or volunteerism, creating accountability at both individual and institutional levels.
Closes loopholes by specifying exemptions. court-ordered community service for offenders is not considered volunteering under this law, ensuring those penalized by the justice system cannot bypass the ban through mandated service.
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Who cares
Headline styles
Bar Animal Abusers from Shelters
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
3 Co-sponsors
History
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 57–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.665
- Referred to agriculture
- Returned to senate
- Died in assembly
- Referred to agriculture
- Delivered to assembly
- Passed senateVote 61–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.937
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Animal Abusers from Shelters
In Assembly Committee · Agriculture · Sponsor Amy Paulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2937
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
Introduced by Sens. GALLIVAN, AVELLA -- 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 Assembly, 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 of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. 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 incorporated 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.
§ 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:
§ 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 another, or deprives any animal of necessary sustenance, food or drink,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00087-02-7
S. 2937 2
or neglects or refuses to furnish it such sustenance or drink, or causes, 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 interfere with any properly conducted scientific tests, experiments or investigations, 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 of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. 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 incorporated 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.
§ 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 of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. 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 incorporated 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.
§ 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. 2937 3
§ 355. Abandonment of animals. 1. A person being the owner or possessor, 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 of a violation of this section shall be allowed to accept or remain in a position as a dog control officer, animal control officer, or as a paid employee or volunteer at the following types of establishments: an animal shelter, pound, duly incorporated humane society, duly incorporated animal protective association, or duly incorporated society for the prevention of cruelty to animals, on and after the effective date of this subdivision. 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 incorporated 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.
§ 5. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
To prohibit people who are convicted of animal cruelty from working in positions that place them in direct control of animal care.
Summary of provisions
Sections 351, 353-a, 353, and 355 of the agriculture and markets law are amended by adding a new subdivision which states that no person in violation of the section is allowed to be a dog or animal control officer, or work at an animal shelter, pound, humane society, animal protective association, or society for the prevention of cruelty to animals. This restriction will not prevent the court from sentencing a person to community service in such a facility.
Justification
There have been numerous instances of animal abuse that occur in establishments created to protect and care for animals. Often, the accused are managers or employees of such establishments. Currently, there is nothing preventing them from remaining in these positions, or being hired in the future. For the same reason that sex offenders are not allowed to be hired as daycare workers, convicted animal abusers should not be in a position to oversee the care of animals.
Legislative history
2015-16: S.79 Passed Senate/Referred to Agriculture 2013-14: S.583-D Passed Senate/Referred to Agriculture
Fiscal implications
None.
Effective date
This act shall take effect thirty days after it becomes a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.