S T A T E   O F   N E W   Y O R K
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                                  3153

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of A. PAULIN, MILLMAN, ROBERTS, WEISENBERG -- Multi-
  Sponsored by -- M. of A.   ENGLEBRIGHT, GABRYSZAK, GOTTFRIED  --  read
  once and referred to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to improv-
  ing shelter care

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

  Section 1. Subdivision 3 of section 117 of the agriculture and markets
law,  as  added  by  chapter 220 of the laws of 1978 and such section as
renumbered by section 12 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  3. [Each] FOR EACH dog seized in accordance  with  the  provisions  of
this  article  [shall  be  properly  sheltered,  fed and watered for the
redemption period as hereinafter provided], THE DOG CONTROL  OFFICER  OR
PEACE  OFFICER, ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR POLICE OFFI-
CER IN THE EMPLOY OF OR UNDER CONTRACT TO A MUNICIPALITY,  OR  ANY  DULY
INCORPORATED  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS, DULY
INCORPORATED HUMANE SOCIETY, POUND OR SHELTER THAT  IS  OPERATED  BY  OR
UNDER  CONTRACT  TO A MUNICIPALITY AND IS TAKING POSSESSION OF SUCH DOG,
WHICHEVER HAS POSSESSION OF THE DOG SHALL:
  (A) PROMPTLY INSPECT EACH  DOG  FOLLOWING  ANY  SEIZURE  AND  PROMPTLY
ENSURE DOGS ARE PROVIDED WITH CARE AND TREATMENT TO RELIEVE ANY PAIN AND
SUFFERING,  INCLUDING  NECESSARY IMMEDIATE VETERINARY CARE AND TREATMENT
AND PARASITE CONTROL, AND APPROPRIATE VACCINATIONS, AND
  (B) DURING THE TIME THE DOG IS IN THE POSSESSION, CARE OR  CONTROL  OF
SUCH  OFFICER, SOCIETY, POUND OR SHELTER, PROPERLY SHELTER AND FEED EACH
DOG, AND MAKE ACCESSIBLE AT ALL TIMES POTABLE, NON-FROZEN WATER TO  EACH
DOG.
  S  2.  Section  373  of  the agriculture and markets law is amended by
adding a new subdivision 1-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06350-01-3

              

A. 3153                             2

  1-B. ANY OFFICER, AGENT OR SOCIETY AS DESCRIBED IN SUBDIVISION ONE  OF
THIS  SECTION  OR  POUND  OR  SHELTER OPERATED BY OR UNDER CONTRACT TO A
MUNICIPALITY THAT IS TAKING POSSESSION OF  A  LOST,  STRAY  OR  HOMELESS
ANIMAL UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER HAS POSSESSION OF
THE ANIMAL DURING THE APPLICABLE PERIOD, SHALL:
  (A)  PROMPTLY  INSPECT  EACH  SUCH  ANIMAL AFTER TAKING POSSESSION AND
PROMPTLY PROVIDE THE ANIMAL WITH CARE AND TREATMENT TO RELIEVE ANY  PAIN
AND  SUFFERING, INCLUDING NECESSARY IMMEDIATE VETERINARY CARE AND TREAT-
MENT AND PARASITE CONTROL, AND APPROPRIATE VACCINATIONS; AND
  (B) DURING THE TIME THE ANIMAL IS IN THE POSSESSION, CARE  OR  CONTROL
OF  SUCH  OFFICER,  SOCIETY, POUND OR SHELTER, PROPERLY SHELTER AND FEED
EACH ANIMAL, AND MAKE ACCESSIBLE AT ALL TIMES POTABLE, NON-FROZEN  WATER
TO EACH ANIMAL.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.