S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   583

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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  ASSEM-
BLY, 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.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
  S 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:
  S 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,
or neglects or refuses to furnish it such sustenance or drink, or  caus-
es,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04880-01-3

S. 583                              2

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 inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations, 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. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 583--A
    Cal. No. 74

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, BALL, GIPSON, GRISANTI, MAZIARZ, RANZEN-
  HOFER -- read twice and  ordered  printed,  and  when  printed  to  be
  committed  to  the Committee on Agriculture -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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 ASSEM-
BLY, 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. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS.  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 INCOR-
PORATED  ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  S 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:
  S 353. Overdriving, torturing and injuring animals; failure to provide
proper sustenance. 1. A person who overdrives,  overloads,  tortures  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD04880-04-3

S. 583--A                           2

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,
or  neglects or refuses to furnish it such sustenance or drink, or caus-
es, 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  inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations,  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.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.  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 INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  S  3.  Section  351  of  the agriculture and markets law is amended by
adding a new subdivision 7 to read as follows:
  7. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS. 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 INCOR-
PORATED  ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  S 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 355. Abandonment  of animals. 1. A person being the owner or posses-
sor, or having charge or custody of an animal, who abandons such animal,

S. 583--A                           3

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.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. 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 INCOR-
PORATED ANIMAL PROTECTIVE ASSOCIATION, OR DULY INCORPORATED SOCIETY  FOR
THE PREVENTION OF CRUELTY TO ANIMALS.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 583--B
    Cal. No. 74

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, AVELLA, BALL, GIPSON, GRISANTI, MAZIARZ,
  RANZENHOFER -- read twice and ordered printed, and when printed to  be
  committed  to  the Committee on Agriculture -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in the order of third reading

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 ASSEM-
BLY, 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. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS.  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 INCOR-
PORATED  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04880-05-3
              

S. 583--B                           2

  S  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:
  S 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,
or  neglects or refuses to furnish it such sustenance or drink, or caus-
es, 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  inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations,  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.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS.  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 INCOR-
PORATED 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.
  S 3. Section 351 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS: AN ANIMAL SHELTER, POUND, DULY INCORPORATED  HUMANE  SOCIETY,
DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATION, OR DULY INCORPORATED
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. 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

S. 583--B                           3

ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED 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.
  S  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 355. Abandonment of animals. 1. A person being the owner or  posses-
sor, 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. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, 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  OFFI-
CER, OR AS A PAID EMPLOYEE OR VOLUNTEER AT THE FOLLOWING TYPES OF ESTAB-
LISHMENTS:  AN  ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY,
DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION,  OR  DULY  INCORPORATED
SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS. 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 INCOR-
PORATED  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.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 583--C
    Cal. No. 74

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GALLIVAN, AVELLA, BALL, GIPSON, GRISANTI, MAZIARZ,
  RANZENHOFER -- read twice and ordered printed, and when printed to  be
  committed  to  the Committee on Agriculture -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- again amended and ordered reprinted, retain-
  ing  its  place  in  the  order  of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

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  ASSEM-
BLY, 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 INCOR-
PORATED 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 OFFI-
CER, ANIMAL CONTROL OFFICER OR  PAID  EMPLOYEE  OR  VOLUNTEER  FOUND  IN
VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04880-07-3

S. 583--C                           2

  S  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:
  S 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,
or  neglects or refuses to furnish it such sustenance or drink, or caus-
es, 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  inter-
fere with any properly conducted scientific tests, experiments or inves-
tigations,  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 INCOR-
PORATED 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 OFFI-
CER, ANIMAL CONTROL OFFICER OR  PAID  EMPLOYEE  OR  VOLUNTEER  FOUND  IN
VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S  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 INCOR-
PORATED 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

S. 583--C                           3

ANY ANIMAL SHELTER, POUND, DULY INCORPORATED HUMANE SOCIETY, DULY INCOR-
PORATED  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.
  S  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 355. Abandonment of animals. 1. A person being the owner or  posses-
sor, 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 INCOR-
PORATED 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 INCOR-
PORATED  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.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law.