Bill Text: NY A04675 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires duly incorporated humane society, pound or shelter to make reasonable efforts to locate the owner of certain animals or provide for the fostering or adoption of such animals; provides that such efforts shall include, but not be limited to, checking such animals for identification, social media, placing a photograph and general description, and other identifying information on the internet.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-07-13 - held for consideration in agriculture [A04675 Detail]
Download: New_York-2019-A04675-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4675 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to requir- ing reasonable efforts be made in determining the owners of certain animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7-a of section 117 of the agriculture and 2 markets law, as amended by chapter 83 of the laws of 2011, is amended to 3 read as follows: 4 7-a. Any animal in the custody of a pound or shelter shall, after the 5 expiration of the appropriate redemption period prescribed by subdivi- 6 sions six, eight and nine of this section and subject to the provisions 7 of section three hundred seventy-four of this chapter, be made available 8 for adoption pursuant to the provisions of subdivision two of section 9 three hundred seventy-four of this chapter or euthanized subject to 10 [subdivisions six, eight and nine of this section and subject to] the 11 provisions of section three hundred seventy-four of this chapter [after12the time for redemption has expired]; provided, however, that such 13 release may be made to another such pound, duly incorporated society for 14 the prevention of cruelty to animals, duly incorporated humane society 15 or duly incorporated animal protective association for the sole purpose 16 of placing such animal in an adoptive home, when such action is reason- 17 ably believed to improve the opportunity for adoption. 18 § 2. Subdivision 2 of section 374 of the agriculture and markets law, 19 as amended by chapter 449 of the laws of 2010, is amended to read as 20 follows: 21 2. In the absence of such findings or certification, a duly incorpo- 22 rated humane society, a duly incorporated society for the prevention of 23 cruelty to animals, or any pound maintained by or under contract or 24 agreement with any county, city, town or village [may after five days] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09095-01-9A. 4675 2 1 shall, after the expiration of five days or the applicable redemption 2 period prescribed by subdivisions six, eight and nine of section one 3 hundred seventeen of this chapter, whichever is longer, make available 4 for adoption after a reasonably practicable period which is not less 5 than ninety days or have humanely destroyed in accordance with the 6 provisions of this section [and subject to subdivisions six, eight and7nine of section one hundred eighteen of this chapter], any animal of 8 which possession is taken as provided for in the preceding section, 9 unless the same is earlier redeemed by its owner; provided, however, 10 that such duly incorporated society, pound or shelter shall make a 11 reasonable effort to locate the owner of such animal or to provide for 12 the fostering or adoption of such animal. Such reasonable efforts shall 13 include, but not be limited to, checking the animal for all forms of 14 identification, social media, and placing a photograph and general 15 description of such animal, the breed or breeds and any other identify- 16 ing information on the internet. For purposes of this subdivision, when 17 determining a reasonably practicable period, consideration shall be 18 given to the number of other animals at the shelter, the shelter's 19 capacity for housing and caring for animals, the length of time that the 20 animal has been in the shelter, and the animal's health. 21 § 2-a. Subdivision 2 of section 374 of the agriculture and markets 22 law, as amended by chapter 421 of the laws of 2018, is amended to read 23 as follows: 24 2. In the absence of such findings or certification, a duly incorpo- 25 rated humane society, a duly incorporated society for the prevention of 26 cruelty to animals, or any pound maintained by or under contract or 27 agreement with any county, city, town or village [may after five days] 28 shall, after the expiration of five days or the applicable redemption 29 period prescribed by subdivisions six, eight and nine of section one 30 hundred seventeen of this chapter, whichever is longer, make available 31 for adoption after a reasonably practicable period which is not less 32 than ninety days or have humanely destroyed in accordance with the 33 provisions of this section [and subject to subdivisions six, eight and34nine of section one hundred seventeen of this chapter], any animal of 35 which possession is taken as provided for in the preceding section, 36 unless the same is earlier redeemed by its owner; provided, however, 37 that such duly incorporated society, pound or shelter shall make a 38 reasonable effort to locate the owner of such animal or to provide for 39 the fostering or adoption of such animal. Such reasonable efforts shall 40 include, but not be limited to, checking the animal for all forms of 41 identification, social media, and placing a photograph and general 42 description of such animal, the breed or breeds and any other identify- 43 ing information on the internet. For purposes of this subdivision, when 44 determining a reasonably practicable period, consideration shall be 45 given to the number of other animals at the shelter, the shelter's 46 capacity for housing and caring for animals, the length of time that 47 the animal has been in the shelter, and the animal's health. Notwith- 48 standing the redemption periods set forth above in this subdivision, any 49 municipality may establish the duration of such periods by local law or 50 ordinance for any cat whose owner cannot be identified by a collar, tag, 51 microchip, tattoo or other identifying mark, provided that no such peri- 52 od shall be less than three days, and provided further that such cat be 53 made available solely for the purposes of adoption and released to an 54 adoptive owner following an examination by a duly-licensed veterinarian, 55 the details of which shall be provided to the adoptive owner.A. 4675 3 1 § 3. This act shall take effect on the ninetieth day after it shall 2 have become a law; provided, however, that if chapter 421 of the laws of 3 2018 shall not have taken effect on or before such date then section 4 two-a of this act shall take effect on the same date and in the same 5 manner as such chapter of the laws of 2018 takes effect. Effective imme- 6 diately, the addition, amendment and/or repeal of any rule or regulation 7 necessary for the implementation of this act on its effective date are 8 authorized and directed to be made and completed on or before such 9 effective date.