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A10316 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10316
 
SPONSOR: Malliotakis
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To provide that before a pound or shelter possessing a dog must make the dog available for adoption for at least 90 days after the owner's redemption period before allowing the dog to be humanely euthanized.   SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill amends subdivisions 6, 7, 7-a, 8, 9 and 11 Agriculture and Markets Law section 117. The amendments to subdivisions 6 and 9 provide that the notification and redemption requirements do not apply when an owner relinquished possession and control of the animal pursuant to Agriculture and Markets Law section 374(1) and that the animal shall be immediately made available for adoption. The amendments to subdivisions 7 and 7-a clarify that any dog not redeemed must be made available for adoption. The amendment to subdivision 8 changes the mini- mum redemption period that a municipality may elect when an owner is personally notified from three days to five days. The amendment to subdivision 11 adds Agriculture and Markets Law section 374 to the liability, limitation. Section two of this bill amends subdivisions 1 and 2 of Agriculture and Markets Law section 374. The amendment to subdivision 1 provides that when an owner has relinquished possession and control of an animal to a duly incorporated humane society, a duly incorporated society for the prevention of cruelty to animals, a dog control officer or police offi- cer, the owner cannot consent to the humane destruction of the dog. The amendment to subdivision 2 changes the time requirement to hold an animal before the animal is made available for adoption (the owner's redemption period) from a permissive 5 day period to the longer of a 5 day period or the redemption period prescribed by Agriculture and Markets Law section 117 unless the owner relinquished possession and control of the animal pursuant to subdivision 1 and in such a case, the animal shall immediately be made available for adoption. Section three of this bill adds a new subdivision 7-a to Agriculture and Markets Law section 374. This new subdivision provides that the period during which an animal must be made available for adoption period is a reasonably practicable period that is at least 90 days. A reasonably practicable period is determined based upon the shelter or pound's size, the number of animals housed in the shelter or pound, and the animal's overall health. Section four of this bill provides that this act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.   JUSTIFICATION: The shelters, associations for the prevention of cruelty to animals, humane societies and pounds in this State are the temporary home for many animals. Under our current law, many of these animals can be humanely euthanized without regard to the animal's health. This bill would require an entity in possession of an animal to make an animal available for adoption for a reasonably practicable period of not less than 90 days before humanely euthanizing the animal. These animals are not in their predicament due to anything that they did. They deserve the chance to be adopted. We should not allow them to be humanely euthanized without first using our best efforts to try and place them in an adoptive home.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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