NY State Senate Bill 2021-S7245

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2022	recommit, enacting clause stricken
Jan 05, 2022	referred to agriculture
Jun 09, 2021	referred to rules

2021-S7245 (ACTIVE) - Details

See Assembly Version of this Bill:: A7155
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §374-a, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:: A11049

2021-S7245 (ACTIVE) - Summary

Enacts the shelter animal rescue act which requires the release of a shelter animal to a rescue group upon request of the rescue group prior to the euthanasia of such animal.

2021-S7245 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7245       REVISED 01/10/2022

SPONSOR: BOYLE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Mandates collaborative working relationships between municipal shelters
and not-for-profit organizations in order to reduce taxpayer costs,
reduce the number of animals killed, and increase local economic activ-
ity and tax revenues through spending on adopted animals.

 
SUMMARY OF PROVISIONS:

Section 1: -This act shall be known and may be cited as the "Shelter
Animal Rescue Act" (SARA).

Section 2: -Amends the agriculture and markets law by mandating collabo-

rative relationships between animal shelters and other animal shelters,
non-profit adoption and rescue organizations, humane societies, SPCAs,
and wildlife rehabilitators in order to reduce public costs, length of
stay, and numbers of animals killed and sets minimal guidelines for what
steps and conditions must be met before an animal may be destroyed.

Section 3: -Sets effective date.

 
JUSTIFICATION:

The bill would require an animal who is scheduled to be killed by a
society for the prevention of cruelty to animals, humane society, pound,
or shelter, to be released instead to a not-for-profit animal rescue,
animal adoption organization, or organization for the prevention of
cruelty to animals if that organization requests the animal and agrees
to assume care of the animal and any associated costs, with exceptions
for animals who are irremediably suffering, animals exhibiting signs of
rabies, or dogs who are dangerous.

When animal welfare organizations work collectively to ensure that
animals are not put to death where responsible alternatives exist, more
lives are saved, wasteful taxpayer expenditures are reduced, revenues
for municipal and private shelters increase, and economic and social
benefits ensue to the community. The states of California and Delaware,
and several cities, including Austin, Texas, and Muncie, Indiana, have
passed similar legislation with overwhelming bipartisan support. In
California, the bill was approved by a vote of 96 to 12. In Delaware,
the bill passed both houses of the legislature unanimously. Austin's
City Council approved the bill unanimously and Muncie approved it by an
overwhelming margin.

In California alone, over 85,000 animals a year are being saved as a
result of its passage. In Delaware, killing has been reduced statewide
by over 90% for some animals. Both Muncie and Austin have placement
rates of roughly 98%.


COST SAVINGS / ECONOMIC BENEFITS: The cost to implement the law would be
de minimus. Indeed, the bill will result in overall savings, as more
animals are sent to non-profit organizations, shifting the cost of care
from taxpayer to private philanthropy and eliminating expenses associ-
ated with killing animals and disposing of their dead bodies.

For example, a study of California's 1998 Animal Shelter Law provision
similar to the one in the current bill - found that the number of
animals saved, rather than killed, increased in California from 12,526
before the law went into effect to 99,783 in 2010 - a lifesaving
increase of over 700%. That increase corresponds with an annual cost
savings of $3,497,283 for killing and destruction of remains (these
savings do not include additional savings related to cost of care).

In addition to direct savings as a result of legislated lifesaving
initiatives, a University of Denver peer-reviewed study also found posi-
tive economic impact to businesses and increased sales tax revenues due
to subsequent spending by adopters on those animals.

PUBLIC / ANIMAL SAFETY: The Shelter Animal Rescue Act would not change
longstanding, existing state law regarding dangerous dogs and dogs who
cause serious physical injury as already defined under Art. 7 § 123 et
seq. of the Agriculture and Markets Law. Since these dogs, animals who
are suspected of having rabies, and animals who are irremediably suffer-
ing are explicitly exempted from the notification and placement require-
ments of this act, there would be no negative impact on public safety.

Moreover, the University of Denver study of a similar law in Austin
found that while the placement of dogs climbed from 69% to 98%, the
percentage of dog bites deemed moderate or severe declined by 13i with
the greatest decline in the number of bites classified as "severe,"
which declined by 89%. Like SARA, the Austin ordinance excludes danger-
ous dogs from any adoption obligations. The study concluded that the
legislation was not only consistent with public safety, it improved it,
noting positive impacts on "public health, social capital, and community
engagement," all of which have "important implications for Austin's
ability to promote and sustain the health and well-being of both its
human and non-human animal residents."

Moreover, when California passed similar legislation, not only did it
result in a lifesaving increase of over 7001, but a study that analyzed
outcomes found that "there is no evidence that the problems predicted by
some when the law was considered, such as hoarding or exposing the
public to dangerous dogs, has ever materialized." To the contrary, the
law improved state and federal oversight of non-profit animal welfare
organizations.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined. However, as noted above, studies and experiences of
similar laws in Texas, California, and Indiana found economic benefits
and cost savings outweighed any implementation costs.

 
EFFECTIVE DATE:
This act shall take effect immediately,

2021-S7245 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7245
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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

 S. 7245                             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;

 S. 7245                             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.

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Senate Bill S7245

Sponsored By

Archive: Last Bill Status - Stricken

2021-S7245 (ACTIVE) - Details

2021-S7245 (ACTIVE) - Summary

2021-S7245 (ACTIVE) - Sponsor Memo

2021-S7245 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7245

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Sponsored By

Phil Boyle

Archive: Last Bill Status - Stricken

2021-S7245 (ACTIVE) - Details

2021-S7245 (ACTIVE) - Summary

2021-S7245 (ACTIVE) - Sponsor Memo

2021-S7245 (ACTIVE) - Bill Text download pdf

Comments