Bill Text: NY S03194 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to the humane destruction or other disposition of certain animals by shelters; requires animals to be made available for adoption for 90 days unless a veterinarian certifies that such animal should be humanely destroyed for health reasons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO AGRICULTURE [S03194 Detail]

Download: New_York-2017-S03194-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3194                                                  A. 2519
                               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 the
          humane destruction or other disposition of certain animals by  a  duly
          incorporated  humane  society or society for the prevention of cruelty
          to animals, dog control officer, or any police officer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions 6, 7, 7-a, 8, 9 and 11 of section 117 of the
     2  agriculture and markets law, such section as renumbered by section 12 of
     3  part T of chapter 59 of the laws of 2010, subdivisions 6, 9  and  11  as
     4  added  by  chapter  220 of the laws of 1978, subdivision 7 as amended by
     5  section 13 of part T of chapter 59 of the laws of 2010, subdivision  7-a
     6  as  amended  by  chapter  83  of  the  laws of 2011 and subdivision 8 as
     7  amended by chapter 221 of the laws of  1978,  are  amended  to  read  as
     8  follows:
     9    6. Promptly upon seizure of any identified dog, the owner of record of
    10  such  dog  shall  be  notified  personally  or by certified mail, return
    11  receipt requested, of the facts of seizure and the procedure for redemp-
    12  tion. If notification is personally given, such dog shall be held for  a
    13  period  of  seven  days after day of notice, during which period the dog
    14  may be redeemed by the owner. If such notification is made by mail, such
    15  dog shall be held for a period of nine days from the  date  of  mailing,
    16  during  which  period  the  dog  may be redeemed by the owner. In either
    17  case, the owner may redeem such dog upon payment of the impoundment fees
    18  prescribed by subdivision four of this section and  by  producing  proof
    19  that the dog has been licensed, provided, however, that the notification
    20  requirements  and  redemption  rights  provided  by this subdivision are
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06052-01-7
        S. 3194                             2                            A. 2519
     1  inapplicable if the owner relinquished possession and control of the dog
     2  pursuant to subdivision one of section  three  hundred  seventy-four  of
     3  this  chapter  and such dog shall be made available for adoption subject
     4  to  subdivision  seven,  seven-a,  eight  and  nine  of this section and
     5  subject to the provisions of subdivisions two and three of section three
     6  hundred seventy-four of this chapter.
     7    7. An owner shall forfeit title to any dog unredeemed at  the  expira-
     8  tion  of  the  appropriate  redemption period prescribed by subdivisions
     9  six, eight and nine of this section and subject  to  the  provisions  of
    10  section  three  hundred  seventy-four of this chapter, and the dog shall
    11  then be made available for adoption [or euthanized] subject to [subdivi-
    12  sions six, eight and nine]  subdivision  seven-a  of  this  section  and
    13  subject  to the provisions of section three hundred seventy-four of this
    14  chapter or euthanized subject to the provisions of section three hundred
    15  seventy-four of this chapter. Any municipality may by local law or ordi-
    16  nance  establish  additional  conditions  for  adoption  including   the
    17  requirement  that  adopted  dogs  shall  be spayed or neutered before or
    18  after release from custody upon such terms and conditions as the munici-
    19  pality may establish.
    20    7-a. Any animal in the custody of a pound or shelter shall, after  the
    21  expiration  of  the appropriate redemption period prescribed by subdivi-
    22  sions six, eight and nine of this section and subject to the  provisions
    23  of section three hundred seventy-four of this chapter, be made available
    24  for  adoption or euthanized subject to [subdivisions six, eight and nine
    25  of this section and subject to] the provisions of section three  hundred
    26  seventy-four  of  this  chapter  [after  the  time  for  redemption  has
    27  expired]; provided, however, that such release may be  made  to  another
    28  such  pound,  duly incorporated society for the prevention of cruelty to
    29  animals, duly incorporated humane society or  duly  incorporated  animal
    30  protective association for the sole purpose of placing such animal in an
    31  adoptive  home,  when  such action is reasonably believed to improve the
    32  opportunity for adoption.
    33    8. The redemption periods set forth above  in  this  section  notwith-
    34  standing, any municipality may establish the duration of such periods by
    35  local  law or ordinance, provided that no such period shall be less than
    36  [three] five days, except that where notice to the  owner  is  given  by
    37  mail, no such period shall be less than seven days.
    38    9.  Any  dog,  owned  by a resident of any city having a population of
    39  over two million or by a non-resident of this state, seized and impound-
    40  ed pursuant to the provisions of this article, and whose  owner  can  be
    41  identified,  shall  be  subject  to  subdivision  six  of  this section,
    42  provided, however, that the  notification  requirements  and  redemption
    43  rights provided by such subdivision are inapplicable if the owner relin-
    44  quished possession and control of the dog pursuant to subdivision one of
    45  section three hundred seventy-four of this chapter and such dog shall be
    46  made  available  for adoption pursuant to the provisions of subdivisions
    47  two and three of section three hundred seventy-four of this chapter.  If
    48  the dog is licensed pursuant to the provisions of law of the area of the
    49  owner's residence, the licensing requirements of this article shall  not
    50  apply  provided  such  dog is not harbored within this state outside any
    51  city having a population of over two  million  for  a  period  exceeding
    52  thirty days.
    53    11.  No liability in damages or otherwise shall be incurred on account
    54  of the seizure, euthanization or adoption of any  dog  pursuant  to  the
    55  provisions  of  this article or of section three hundred seventy-four of
    56  this chapter.
        S. 3194                             3                            A. 2519
     1    § 2. Subdivisions 1 and 2  of  section  374  of  the  agriculture  and
     2  markets  law, as amended by chapter 449 of the laws of 2010, are amended
     3  to read as follows:
     4    1.  Any  agent  or  officer of any duly incorporated humane society, a
     5  duly incorporated society for the prevention of cruelty to animals,  any
     6  dog  control  officer,  or  any police officer, may lawfully cause to be
     7  humanely destroyed (by means provided for in paragraph a of  subdivision
     8  three of this section) any animal found abandoned and not properly cared
     9  for, or any lost, strayed, homeless or unwanted animal, if upon examina-
    10  tion  a  licensed  veterinarian  shall  certify  in  writing,  or if two
    11  reputable citizens called upon by such agent, officer or police  officer
    12  to  view  the  same  in  his  or her presence find that the animal is so
    13  maimed, diseased, disabled, or infirm so as to be unfit for  any  useful
    14  purpose  and  that  humane euthanasia is warranted; or after such agent,
    15  officer or police officer has obtained in writing from the owner of such
    16  animal his or her consent to such destruction; provided however, that if
    17  an animal is not maimed, diseased, disabled or infirm such  owner  shall
    18  not consent to destruction of such animal and shall relinquish ownership
    19  and  possession  of such animal to a duly incorporated humane society, a
    20  duly incorporated society for the prevention of cruelty to  animals,  or
    21  any  pound maintained by or under contract or agreement with any county,
    22  city, town or village.
    23    2. In the absence of such findings or certification, a  duly  incorpo-
    24  rated  humane society, a duly incorporated society for the prevention of
    25  cruelty to animals, or any pound maintained  by  or  under  contract  or
    26  agreement  with any county, city, town or village [may] shall after five
    27  days make available for adoption [or have humanely destroyed in  accord-
    28  ance with the provisions of this section and subject to], unless a long-
    29  er  period  is prescribed by subdivisions six, eight and nine of section
    30  one hundred [eighteen] seventeen of this chapter, any  animal  of  which
    31  possession  is  taken  as  provided for in [the preceding] section three
    32  hundred seventy-three of  this  article,  unless  the  same  is  earlier
    33  redeemed   by  its  owner,  provided  that  no  owner  who  relinquished
    34  possession and ownership of an animal pursuant  to  subdivision  one  of
    35  this  section  shall  be  allowed  to redeem such animal and such animal
    36  shall be immediately made available for adoption.
    37    § 3. Section 374 of the agriculture and  markets  law  is  amended  by
    38  adding a new subdivision 2-a to read as follows:
    39    2-a.  Any  animal of which possession is taken pursuant to subdivision
    40  one of this section that is in the possession  of  a  duly  incorporated
    41  humane society, a duly incorporated society for the prevention of cruel-
    42  ty to animals, or any pound maintained by or under contract or agreement
    43  with  any  county,  city,  town  or village and has not been redeemed or
    44  adopted pursuant to subdivision two  of  this  section,  shall  be  made
    45  available  for  adoption  for a reasonably practicable period that shall
    46  not be less than ninety days, which shall commence immediately after the
    47  expiration of the redemption period provided by subdivision two of  this
    48  section  provided  that  if  during such period a veterinarian certifies
    49  that such animal is so maimed, diseased, disabled, or infirm  as  to  be
    50  unfit  for  any useful purpose such animal may, in the discretion of the
    51  entity in possession of such animal, be humanely destroyed in accordance
    52  with the provisions of this section and  subject  to  subdivisions  six,
    53  eight and nine of section one hundred seventeen of this chapter prior to
    54  the expiration of such period. After the expiration of such period, such
    55  animal  may,  in  the  discretion  of  the  entity in possession of such
    56  animal, be humanely destroyed in accordance with the provisions of  this
        S. 3194                             4                            A. 2519
     1  section  and  subject to subdivisions six, eight and nine of section one
     2  hundred seventeen of this chapter. For  purposes  of  this  subdivision,
     3  when determining a reasonably practicable period, consideration shall be
     4  given  to  the  number  of  other  animals at the shelter, the shelter's
     5  capacity for housing and caring for animals, the length of time that the
     6  animal has been in the shelter, and the animal's health.
     7    § 4. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a  law; provided, however, that effective immediately, the
     9  addition, amendment and/or repeal of any rule  or  regulation  necessary
    10  for  the implementation of this act on its effective date are authorized
    11  and directed to be made and completed on or before such effective date.