STATE OF NEW YORK ________________________________________________________________________ 7245 2021-2022 Regular Sessions IN SENATE June 9, 2021 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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: 1 Section 1. This act shall be known and may be cited as the "shelter 2 animal rescue act". 3 § 2. The agriculture and markets law is amended by adding a new 4 section 374-a to read as follows: 5 § 374-a. Shelter animal rescue act. 1. For the purposes of this 6 section, the following terms shall have the following meanings: 7 a. "Animal shelter" shall mean a public or private facility located 8 within the state that: 9 (1) has a physical structure that provides temporary or permanent 10 shelter to stray, abandoned, abused or owner-surrendered animals; and 11 (2) is operated, owned or maintained by a humane society, society for 12 the prevention of cruelty to animals, non-profit organization, pound, 13 dog control officer, government entity or contractor for a government 14 entity. 15 b. "Licensed veterinarian" shall mean an individual who is licensed to 16 practice veterinary medicine in the state. 17 c. (1) "Rescue organization" shall mean an organization that: 18 (a) is described pursuant to paragraph (3) of subsection (c) of 19 section five hundred one of the federal Internal Revenue Code and exempt 20 from taxation pursuant to subsection (a) of section five hundred one of 21 the federal Internal Revenue Code; 22 (b) is an animal rescue organization, animal adoption organization, or 23 organization formed for the prevention of cruelty to animals; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06391-02-1

S. 7245 2 1 (c) does not have an officer, board member, staff member, or volunteer 2 who has been convicted of a criminal offense related to animal neglect, 3 animal cruelty, or dog fighting; and 4 (d) has been in existence for at least one year. 5 (2) For animals within the ambit of their license, an individual 6 licensed to rehabilitate wildlife by the New York state department of 7 environmental conservation pursuant to subdivision three of section 8 11-0515 of the environmental conservation law shall also be considered a 9 rescue organization, except where the release of a particular animal to 10 such individual would violate a duly enacted department of environmental 11 conservation regulation. 12 d. "Irremediable suffering" shall mean an animal who has an objective- 13 ly grave prognosis to be able to live without severe, unremitting phys- 14 ical pain even with prompt, necessary, and comprehensive veterinary 15 care, as certified in writing by a licensed veterinarian. 16 e. "Serious physical injury" shall mean a physical injury to an indi- 17 vidual caused by a dog bite which creates a substantial risk of death, 18 or which causes death or serious or protracted disfigurement, protracted 19 impairment of health or protracted loss or impairment of the function of 20 any bodily organ. 21 f. "Unprovoked biting" shall mean when an individual is bitten by a 22 dog, and it did not occur as a result of: 23 (1) the taunting of a dog; 24 (2) a dog acting in defense of itself, a person, another animal or 25 property; 26 (3) a dog acting from maternal instinct; 27 (4) a dog reacting to hunger, pain or fear; or 28 (5) an accidental bite as when playing. 29 g. "Unprovoked repeated biting" shall mean two or more bites of an 30 individual or individuals by a dog resulting in physical injuries that 31 were not provoked in the prior twenty-four months, documented by the 32 agency charged with enforcing state and local animal laws prior to the 33 current impound. 34 h. "Business day" shall mean any day an animal shelter is open to the 35 public for adoption and redemption for a continuous period of at least 36 four hours. 37 2. Notwithstanding any state or local law to the contrary: 38 a. Not less than two business days before the scheduled euthanasia of 39 any animal in the custody or constructive custody of an animal shelter, 40 such animal shelter shall: 41 (1) notify or make a reasonable attempt to notify by verifiable writ- 42 ten or electronic communication any rescue organization that has previ- 43 ously requested to be notified before animals are euthanized; and 44 (2) allow any rescue organization who has been notified pursuant to 45 subparagraph one of this paragraph to take possession of the animal if 46 they so request in order to avoid such animal's death. 47 b. Any rescue organization who takes possession of an animal pursuant 48 to paragraph a of this subdivision shall do so within forty-eight hours 49 of giving notification to the animal shelter of their intent to take 50 possession. 51 c. No animal shelter shall euthanize any animal without meeting the 52 requirements of this subdivision, except for: 53 (1) an animal that is irremediably suffering; 54 (2) a dog adjudicated to be dangerous pursuant to section one hundred 55 twenty-three of this chapter, and that has been ordered to be euthanized 56 by the court;

S. 7245 3 1 (3) a dog with a documented history of unprovoked biting that has 2 resulted in serious physical injury to an individual. Documentation 3 shall consist of medical reports made at or around the time the prior 4 bite incident occurred which describe the circumstances of such bite, 5 the nature and severity of the injury, and treatments given for the 6 injury; 7 (4) a dog with a documented history of unprovoked repeated biting that 8 has resulted in physical injury of an individual or individuals. 9 Documentation shall consist of medical reports made at or around the 10 time the prior bite incidents occurred which describe the circumstances 11 of the bites, the nature and severity of the injuries, and treatments 12 given for the injuries; 13 (5) an animal which has bitten an individual and is suspected to carry 14 and exhibiting signs of rabies, as determined by a licensed veterinari- 15 an. 16 d. Upon taking possession of an animal pursuant to this subdivision, a 17 rescue organization shall assume all liability for such animal while 18 such animal is in the custody and control of such organization and shall 19 maintain liability insurance for that purpose, provided that such organ- 20 ization shall not be deemed responsible for harm caused to or by such 21 animal that: 22 (1) occurred prior to the time such organization assumed possession of 23 such animal; or 24 (2) is due to the acts or omissions of a person not associated with 25 such organization. 26 § 3. This act shall apply in all jurisdictions including cities with a 27 population of two million or more. 28 § 4. This act shall take effect immediately.

Enacts the shelter animal rescue act

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