S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5515
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2017
                                ___________
 
 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  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.
   § 2. Section 373 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 1-b to read as follows:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08567-01-7

 S. 5515                             2
 
 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.
   §  3.    The  agriculture  and  markets law is amended by adding a new
 section 125 to read as follows:
   § 125. SURRENDERED DOGS. 1. FOR EACH DOG SURRENDERED BY ITS OWNER, 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.
   §  4.This  act  shall  take effect on the thirtieth day after it shall
 have become a law.