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A08555 Summary:

BILL NOA08555C
 
SAME ASSAME AS S08211-B
 
SPONSORPaulin
 
COSPNSRShrestha
 
MLTSPNSR
 
Rpld §425 sub 17, amd §§420, 422, 427, 429, 431 & 109, Ag & Mkts L
 
Clarifies the standard of care for animals held in or being transported by animal shelters including the length of time and conditions such animal may be exposed to.
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A08555 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8555--C
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 20, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN, SHRESTHA -- read once and referred to the
          Committee  on  Agriculture -- recommitted to the Committee on Agricul-
          ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the agriculture and markets law, in relation to stand-
          ards of care for animals held in,  or  being  transported  by,  animal
          shelters; and to repeal certain provisions of such law relating there-
          to
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section 420 of the agriculture and markets
     2  law, as added by chapter 683 of the laws of 2022, is amended to read  as
     3  follows:
     4    6.  "Animal  shelter"  shall  mean  a  public or not-for-profit entity
     5  owning, operating, or otherwise maintaining a  building,  structure,  or
     6  facility  where  temporary  or permanent housing and care is provided to
     7  stray, abandoned, abused, seized, impounded, owner-surrendered or other-
     8  wise unwanted animals regardless of whether or not  such  facility  also
     9  serves  as  a  personal  residence. This includes but is not limited to:
    10  facilities owned, operated, or maintained by a duly incorporated society
    11  for the prevention of cruelty to animals, duly incorporated humane soci-
    12  ety dog or cat protective association,  or  pound;  any  person  in  the
    13  employ  of,  or  organization operated by or under contract to a munici-
    14  pality to provide care for seized or impounded  animals;  or  any  other
    15  not-for-profit  organization involved in the protection, care, or rehom-
    16  ing of animals.  Unless otherwise provided in  this  article,  the  term
    17  "animal  shelter" shall not include the personal residence of any foster

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13059-08-6

        A. 8555--C                          2
 
     1  care provider as defined in this section; a facility commonly known as a
     2  boarding kennel, where the ownership of the animal is  not  transferred;
     3  any  entity licensed as a pet dealer pursuant to article twenty-six-A of
     4  this  chapter;  any duly incorporated animal hospital owned, operated or
     5  supervised by a duly licensed veterinarian; [or] any facility where  the
     6  owner  or operator is licensed by the New York state department of envi-
     7  ronmental conservation as a nuisance wildlife control agent or  wildlife
     8  rehabilitator;  or  any  municipality  as defined in section one hundred
     9  eight of this chapter, that establishes and maintains a pound or shelter
    10  pursuant to subdivision one of section  one  hundred  fourteen  of  this
    11  chapter  that impounds less than five dogs annually and harbors not more
    12  than any two dogs at the same time.
    13    § 2. Section 422 of the agriculture and  markets  law  is  amended  by
    14  adding a new subdivision 5 to read as follows:
    15    5.  The  provisions  of  this  section  shall not be applicable to any
    16  veterinarian or veterinary technician authorized  to  practice  in  this
    17  state pursuant to article one hundred thirty-five of the education law.
    18    §  3. Subdivision 17 of section 425 of the agriculture and markets law
    19  is REPEALED.
    20    § 4. Subdivision 3 of section 427 of the agriculture and markets  law,
    21  as  added  by  chapter  683  of  the laws of 2022, is amended to read as
    22  follows:
    23    3. The total number of animals housed in an  animal  shelter  facility
    24  [or  foster home] shall not exceed the number of housing units available
    25  at the facility as required by section four hundred twenty-five of  this
    26  article;  provided,  however,  that exceptions to the provisions of this
    27  subdivision shall be permissible for periods not  to  exceed  forty-five
    28  contiguous  days  in  the event of an animal seizure pursuant to article
    29  twenty-six of this chapter or  a  natural  disaster  where  an  official
    30  declaration of the disaster or emergency has been made.
    31    §  5. Subdivision 8 of section 429 of the agriculture and markets law,
    32  as added by chapter 683 of the laws of  2022,  is  amended  to  read  as
    33  follows:
    34    8.  Each  animal shelter shall vaccinate each animal in its custody or
    35  possession with core vaccines as recommended by national  standards  and
    36  guidelines  specific  to  animal  shelters  as  established, endorsed or
    37  approved by the [American Association of Feline  Practitioners  (AAFP),]
    38  American  Animal  Hospital  Association  (AAHA)[,] or the Association of
    39  Shelter Veterinarians (ASV).
    40    § 6. Paragraphs (e) and (f) of subdivision 3 of  section  431  of  the
    41  agriculture  and  markets  law,  as  added by chapter 683 of the laws of
    42  2022, are amended to read as follows:
    43    (e) Each dog shall be provided with the opportunity  to  exercise  and
    44  eliminate  at least once every twelve hours while confined to the trans-
    45  port vehicle, including load time. Each dog being  transported  that  is
    46  less  than twelve weeks of age shall be removed from their enclosure and
    47  allowed to exercise and eliminate at least every [two] six hours.
    48    (f) No dog or cat shall be left unattended in  any  transport  vehicle
    49  for more than one hour, [regardless of whether heating, ventilation] and
    50  [air  conditioning  (HVAC)]  only  if  remote  temperature monitoring is
    51  provided in [such vehicle] the animal compartment of such vehicle.
    52    § 7. Paragraph (a) of subdivision 1 of section 109 of the  agriculture
    53  and  markets  law,  as  amended  by  chapter 420 of the laws of 2025, is
    54  amended to read as follows:
    55    (a) The owner of any dog reaching the age of four months  shall  imme-
    56  diately make application for a dog license. No license shall be required

        A. 8555--C                          3
 
     1  for  any  dog  which is under the age of four months and which is not at
     2  large, or that is residing in [a pound or shelter maintained by or under
     3  contract or agreement with the  state  or  any  county,  city,  town  or
     4  village,  duly  incorporated  society  for  the prevention of cruelty to
     5  animals, duly incorporated  humane  society  or  duly  incorporated  dog
     6  protective  association]  any  animal shelter, as defined by subdivision
     7  six of section four hundred twenty of  this  chapter,  any  foster  care
     8  provider,  as  defined by subdivision twenty-one of section four hundred
     9  twenty of this chapter, or any municipality that establishes  and  main-
    10  tains  a  pound  or  shelter  pursuant to subdivision one of section one
    11  hundred fourteen of this article that impounds less than five dogs annu-
    12  ally and harbors not more than any two dogs at the same time. Except  as
    13  otherwise  provided  in  this  subdivision, a license shall be issued or
    14  renewed for a period of at least one year,  provided,  that  no  license
    15  shall be issued for a period expiring after the last day of the eleventh
    16  month  following  the  expiration date of the current rabies certificate
    17  for the dog being licensed. All licenses shall expire on the last day of
    18  the last month of the period for which they are issued. In the event  an
    19  applicant  for  a  license  presents, in lieu of a rabies certificate, a
    20  statement certified by a licensed veterinarian, as provided in  subdivi-
    21  sion  two  of  this  section, a license shall be issued or renewed for a
    22  period of one year from the date of said statement. Any municipality may
    23  establish a common renewal date for all such licenses.  A license issued
    24  by a municipality that has  established  a  common  renewal  date  shall
    25  expire  no  later  than  the common renewal date prior to the expiration
    26  date of the rabies certificate for the dog being licensed.
    27    § 8. This act shall take effect immediately.
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