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  [after
    12  the  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.
                                                                   LBD09095-01-9

        A. 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 and
     7  nine 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  and
    34  nine  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.
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