Bill Text: NY A02672 | 2017-2018 | General Assembly | Introduced

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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) 2018-01-03 - referred to agriculture [A02672 Detail]

Download: New_York-2017-A02672-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3221                                                  A. 2672
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    January 20, 2017
                                       ___________
        IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Agriculture
        IN ASSEMBLY -- 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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06024-01-7
        S. 3221                             2                            A. 2672
     1    2. In the absence of such findings or certification, a  duly  incorpo-
     2  rated  humane society, a duly incorporated society for the prevention of
     3  cruelty to animals, or any pound maintained  by  or  under  contract  or
     4  agreement  with  any county, city, town or village [may after five days]
     5  shall,  after  the  expiration of five days or the applicable redemption
     6  period prescribed by subdivisions six, eight and  nine  of  section  one
     7  hundred  seventeen  of this chapter, whichever is longer, make available
     8  for adoption after a reasonably practicable period  which  is  not  less
     9  than  ninety  days  or  have  humanely  destroyed in accordance with the
    10  provisions of this section [and subject to subdivisions six,  eight  and
    11  nine  of  section  one  hundred eighteen of this chapter], any animal of
    12  which possession is taken as provided  for  in  the  preceding  section,
    13  unless  the  same  is  earlier redeemed by its owner; provided, however,
    14  that such duly incorporated society,  pound  or  shelter  shall  make  a
    15  reasonable  effort  to locate the owner of such animal or to provide for
    16  the fostering or adoption of such animal.  Such reasonable efforts shall
    17  include, but not be limited to, checking the animal  for  all  forms  of
    18  identification,  social  media,  and  placing  a  photograph and general
    19  description of such animal, the breed or breeds and any other  identify-
    20  ing  information on the internet. For purposes of this subdivision, when
    21  determining a reasonably  practicable  period,  consideration  shall  be
    22  given  to  the  number  of  other  animals at the shelter, the shelter's
    23  capacity for housing and caring for animals, the length of time that the
    24  animal has been in the shelter, and the animal's health.
    25    § 3. This act shall take effect on the ninetieth day  after  it  shall
    26  have  become  a  law; provided, however, that effective immediately, the
    27  addition, amendment and/or repeal of any rule  or  regulation  necessary
    28  for  the implementation of this act on its effective date are authorized
    29  and directed to be made and completed on or before such effective date.