S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7155
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 23, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Agriculture
 
 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:
 
   Section 1. This act shall be known and may be cited  as  the  "shelter
 animal rescue act".
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 374-a to read as follows:
   § 374-A. SHELTER ANIMAL RESCUE  ACT.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "ANIMAL  SHELTER"  SHALL MEAN A PUBLIC OR PRIVATE FACILITY LOCATED
 WITHIN THE STATE THAT:
   (1) HAS A PHYSICAL STRUCTURE  THAT  PROVIDES  TEMPORARY  OR  PERMANENT
 SHELTER TO STRAY, ABANDONED, ABUSED OR OWNER-SURRENDERED ANIMALS; AND
   (2)  IS OPERATED, OWNED OR MAINTAINED BY A HUMANE SOCIETY, SOCIETY FOR
 THE PREVENTION OF CRUELTY TO ANIMALS,  NON-PROFIT  ORGANIZATION,  POUND,
 DOG  CONTROL  OFFICER,  GOVERNMENT ENTITY OR CONTRACTOR FOR A GOVERNMENT
 ENTITY.
   B. "LICENSED VETERINARIAN" SHALL MEAN AN INDIVIDUAL WHO IS LICENSED TO
 PRACTICE VETERINARY MEDICINE IN THE STATE.
   C. (1) "RESCUE ORGANIZATION" SHALL MEAN AN ORGANIZATION THAT:
   (A) IS DESCRIBED PURSUANT  TO  PARAGRAPH  (3)  OF  SUBSECTION  (C)  OF
 SECTION FIVE HUNDRED ONE OF THE FEDERAL INTERNAL REVENUE CODE AND EXEMPT
 FROM  TAXATION PURSUANT TO SUBSECTION (A) OF SECTION FIVE HUNDRED ONE OF
 THE FEDERAL INTERNAL REVENUE CODE;
   (B) IS AN ANIMAL RESCUE ORGANIZATION, ANIMAL ADOPTION ORGANIZATION, OR
 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
              

 A. 7155                             2
 
   (C) DOES NOT HAVE AN OFFICER, BOARD MEMBER, STAFF MEMBER, OR VOLUNTEER
 WHO HAS BEEN CONVICTED OF A CRIMINAL OFFENSE RELATED TO ANIMAL  NEGLECT,
 ANIMAL CRUELTY, OR DOG FIGHTING; AND
   (D) HAS BEEN IN EXISTENCE FOR AT LEAST ONE YEAR.
   (2)  FOR  ANIMALS  WITHIN  THE  AMBIT  OF THEIR LICENSE, AN INDIVIDUAL
 LICENSED TO REHABILITATE WILDLIFE BY THE NEW YORK  STATE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION  PURSUANT  TO  SUBDIVISION  THREE OF SECTION
 11-0515 OF THE ENVIRONMENTAL CONSERVATION LAW SHALL ALSO BE CONSIDERED A
 RESCUE ORGANIZATION, EXCEPT WHERE THE RELEASE OF A PARTICULAR ANIMAL  TO
 SUCH INDIVIDUAL WOULD VIOLATE A DULY ENACTED DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION REGULATION.
   D. "IRREMEDIABLE SUFFERING" SHALL MEAN AN ANIMAL WHO HAS AN OBJECTIVE-
 LY  GRAVE PROGNOSIS TO BE ABLE TO LIVE WITHOUT SEVERE, UNREMITTING PHYS-
 ICAL PAIN EVEN WITH  PROMPT,  NECESSARY,  AND  COMPREHENSIVE  VETERINARY
 CARE, AS CERTIFIED IN WRITING BY A LICENSED VETERINARIAN.
   E.  "SERIOUS PHYSICAL INJURY" SHALL MEAN A PHYSICAL INJURY TO AN INDI-
 VIDUAL CAUSED BY A DOG BITE WHICH CREATES A SUBSTANTIAL RISK  OF  DEATH,
 OR WHICH CAUSES DEATH OR SERIOUS OR PROTRACTED DISFIGUREMENT, PROTRACTED
 IMPAIRMENT OF HEALTH OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF
 ANY BODILY ORGAN.
   F.  "UNPROVOKED  BITING"  SHALL MEAN WHEN AN INDIVIDUAL IS BITTEN BY A
 DOG, AND IT DID NOT OCCUR AS A RESULT OF:
   (1) THE TAUNTING OF A DOG;
   (2) A DOG ACTING IN DEFENSE OF ITSELF, A  PERSON,  ANOTHER  ANIMAL  OR
 PROPERTY;
   (3) A DOG ACTING FROM MATERNAL INSTINCT;
   (4) A DOG REACTING TO HUNGER, PAIN OR FEAR; OR
   (5) AN ACCIDENTAL BITE AS WHEN PLAYING.
   G.  "UNPROVOKED  REPEATED  BITING"  SHALL MEAN TWO OR MORE BITES OF AN
 INDIVIDUAL OR INDIVIDUALS BY A DOG RESULTING IN PHYSICAL  INJURIES  THAT
 WERE  NOT  PROVOKED  IN  THE PRIOR TWENTY-FOUR MONTHS, DOCUMENTED BY THE
 AGENCY CHARGED WITH ENFORCING STATE AND LOCAL ANIMAL LAWS PRIOR  TO  THE
 CURRENT IMPOUND.
   H.  "BUSINESS DAY" SHALL MEAN ANY DAY AN ANIMAL SHELTER IS OPEN TO THE
 PUBLIC FOR ADOPTION AND REDEMPTION FOR A CONTINUOUS PERIOD OF  AT  LEAST
 FOUR HOURS.
   2. NOTWITHSTANDING ANY STATE OR LOCAL LAW TO THE CONTRARY:
   A.  NOT LESS THAN TWO BUSINESS DAYS BEFORE THE SCHEDULED EUTHANASIA OF
 ANY ANIMAL IN THE CUSTODY OR CONSTRUCTIVE CUSTODY OF AN ANIMAL  SHELTER,
 SUCH ANIMAL SHELTER SHALL:
   (1)  NOTIFY OR MAKE A REASONABLE ATTEMPT TO NOTIFY BY VERIFIABLE WRIT-
 TEN OR ELECTRONIC COMMUNICATION ANY RESCUE ORGANIZATION THAT HAS  PREVI-
 OUSLY REQUESTED TO BE NOTIFIED BEFORE ANIMALS ARE EUTHANIZED; AND
   (2)  ALLOW  ANY  RESCUE ORGANIZATION WHO HAS BEEN NOTIFIED PURSUANT TO
 SUBPARAGRAPH ONE OF THIS PARAGRAPH TO TAKE POSSESSION OF THE  ANIMAL  IF
 THEY SO REQUEST IN ORDER TO AVOID SUCH ANIMAL'S DEATH.
   B.  ANY RESCUE ORGANIZATION WHO TAKES POSSESSION OF AN ANIMAL PURSUANT
 TO PARAGRAPH A OF THIS SUBDIVISION SHALL DO SO WITHIN FORTY-EIGHT  HOURS
 OF  GIVING  NOTIFICATION  TO  THE ANIMAL SHELTER OF THEIR INTENT TO TAKE
 POSSESSION.
   C. NO ANIMAL SHELTER SHALL EUTHANIZE ANY ANIMAL  WITHOUT  MEETING  THE
 REQUIREMENTS OF THIS SUBDIVISION, EXCEPT FOR:
   (1) AN ANIMAL THAT IS IRREMEDIABLY SUFFERING;
   (2)  A DOG ADJUDICATED TO BE DANGEROUS PURSUANT TO SECTION ONE HUNDRED
 TWENTY-THREE OF THIS CHAPTER, AND THAT HAS BEEN ORDERED TO BE EUTHANIZED
 BY THE COURT;

 A. 7155                             3
 
   (3) A DOG WITH A DOCUMENTED HISTORY  OF  UNPROVOKED  BITING  THAT  HAS
 RESULTED  IN  SERIOUS  PHYSICAL  INJURY  TO AN INDIVIDUAL. DOCUMENTATION
 SHALL CONSIST OF MEDICAL REPORTS MADE AT OR AROUND THE  TIME  THE  PRIOR
 BITE  INCIDENT  OCCURRED  WHICH DESCRIBE THE CIRCUMSTANCES OF SUCH BITE,
 THE  NATURE  AND  SEVERITY  OF  THE INJURY, AND TREATMENTS GIVEN FOR THE
 INJURY;
   (4) A DOG WITH A DOCUMENTED HISTORY OF UNPROVOKED REPEATED BITING THAT
 HAS RESULTED  IN  PHYSICAL  INJURY  OF  AN  INDIVIDUAL  OR  INDIVIDUALS.
 DOCUMENTATION  SHALL  CONSIST  OF  MEDICAL REPORTS MADE AT OR AROUND THE
 TIME THE PRIOR BITE INCIDENTS OCCURRED WHICH DESCRIBE THE  CIRCUMSTANCES
 OF  THE  BITES,  THE NATURE AND SEVERITY OF THE INJURIES, AND TREATMENTS
 GIVEN FOR THE INJURIES;
   (5) AN ANIMAL WHICH HAS BITTEN AN INDIVIDUAL AND IS SUSPECTED TO CARRY
 AND EXHIBITING SIGNS OF RABIES, AS DETERMINED BY A LICENSED  VETERINARI-
 AN.
   D. UPON TAKING POSSESSION OF AN ANIMAL PURSUANT TO THIS SUBDIVISION, A
 RESCUE  ORGANIZATION  SHALL  ASSUME  ALL LIABILITY FOR SUCH ANIMAL WHILE
 SUCH ANIMAL IS IN THE CUSTODY AND CONTROL OF SUCH ORGANIZATION AND SHALL
 MAINTAIN LIABILITY INSURANCE FOR THAT PURPOSE, PROVIDED THAT SUCH ORGAN-
 IZATION SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO  OR  BY  SUCH
 ANIMAL THAT:
   (1) OCCURRED PRIOR TO THE TIME SUCH ORGANIZATION ASSUMED POSSESSION OF
 SUCH ANIMAL; OR
   (2)  IS  DUE  TO THE ACTS OR OMISSIONS OF A PERSON NOT ASSOCIATED WITH
 SUCH ORGANIZATION.
   § 3. This act shall apply in all jurisdictions including cities with a
 population of two million or more.
   § 4. This act shall take effect immediately.