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S08211 Summary:

BILL NOS08211B
 
SAME ASSAME AS A08555-C
 
SPONSORADDABBO
 
COSPNSR
 
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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S08211 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8211--B
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 21, 2025
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture -- recommitted
          to the Committee on Agriculture in accordance with Senate Rule 6, sec.
          8 -- 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  commit-
          tee
 
        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
    18  care provider as defined in this section; a facility commonly known as a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13059-09-6

        S. 8211--B                          2
 
     1  boarding kennel, where the ownership of the animal is  not  transferred;
     2  any  entity licensed as a pet dealer pursuant to article twenty-six-A of
     3  this chapter; any duly incorporated animal hospital owned,  operated  or
     4  supervised  by a duly licensed veterinarian; [or] any facility where the
     5  owner or operator is licensed by the New York state department of  envi-
     6  ronmental  conservation as a nuisance wildlife control agent or wildlife
     7  rehabilitator; or any municipality as defined  in  section  one  hundred
     8  eight of this chapter, that establishes and maintains a pound or shelter
     9  pursuant  to  subdivision  one  of  section one hundred fourteen of this
    10  chapter that impounds less than five dogs annually and harbors not  more
    11  than any two dogs at the same time.
    12    §  2.  Section  422  of  the agriculture and markets law is amended by
    13  adding a new subdivision 5 to read as follows:
    14    5. The provisions of this section  shall  not  be  applicable  to  any
    15  veterinarian  or  veterinary  technician  authorized to practice in this
    16  state pursuant to article one hundred thirty-five of the education law.
    17    § 3. Subdivision 17 of section 425 of the agriculture and markets  law
    18  is REPEALED.
    19    §  4. Subdivision 3 of section 427 of the agriculture and markets law,
    20  as added by chapter 683 of the laws of  2022,  is  amended  to  read  as
    21  follows:
    22    3.  The  total  number of animals housed in an animal shelter facility
    23  [or foster home] shall not exceed the number of housing units  available
    24  at  the facility as required by section four hundred twenty-five of this
    25  article; provided, however, that exceptions to the  provisions  of  this
    26  subdivision  shall  be  permissible for periods not to exceed forty-five
    27  contiguous days in the event of an animal seizure  pursuant  to  article
    28  twenty-six  of  this  chapter  or  a  natural disaster where an official
    29  declaration of the disaster or emergency has been made.
    30    § 5. Subdivision 8 of section 429 of the agriculture and markets  law,
    31  as  added  by  chapter  683  of  the laws of 2022, is amended to read as
    32  follows:
    33    8. Each animal shelter shall vaccinate each animal in its  custody  or
    34  possession  with  core vaccines as recommended by national standards and
    35  guidelines specific to  animal  shelters  as  established,  endorsed  or
    36  approved  by  the [American Association of Feline Practitioners (AAFP),]
    37  American Animal Hospital Association (AAHA)[,]  or  the  Association  of
    38  Shelter Veterinarians (ASV).
    39    §  6.  Paragraphs  (e)  and (f) of subdivision 3 of section 431 of the
    40  agriculture and markets law, as added by chapter  683  of  the  laws  of
    41  2022, are amended to read as follows:
    42    (e)  Each  dog  shall be provided with the opportunity to exercise and
    43  eliminate at least once every twelve hours while confined to the  trans-
    44  port  vehicle,  including  load time. Each dog being transported that is
    45  less than twelve weeks of age shall be removed from their enclosure  and
    46  allowed to exercise and eliminate at least every [two] six hours.
    47    (f)  No  dog  or cat shall be left unattended in any transport vehicle
    48  for more than one hour, [regardless of whether heating, ventilation] and
    49  [air conditioning (HVAC)]  only  if  remote  temperature  monitoring  is
    50  provided in [such vehicle] the animal compartment of such vehicle.
    51    §  7. Paragraph (a) of subdivision 1 of section 109 of the agriculture
    52  and markets law, as amended by chapter 420  of  the  laws  of  2025,  is
    53  amended to read as follows:
    54    (a)  The  owner of any dog reaching the age of four months shall imme-
    55  diately make application for a dog license. No license shall be required
    56  for any dog which is under the age of four months and which  is  not  at

        S. 8211--B                          3
 
     1  large, or that is residing in [a pound or shelter maintained by or under
     2  contract  or  agreement  with  the  state  or  any county, city, town or
     3  village, duly incorporated society for  the  prevention  of  cruelty  to
     4  animals,  duly  incorporated  humane  society  or  duly incorporated dog
     5  protective association] any animal shelter, as  defined  by  subdivision
     6  six  of  section  four  hundred  twenty of this chapter, any foster care
     7  provider, as defined by subdivision twenty-one of section  four  hundred
     8  twenty  of  this chapter, or any municipality that establishes and main-
     9  tains a pound or shelter pursuant to  subdivision  one  of  section  one
    10  hundred fourteen of this article that impounds less than five dogs annu-
    11  ally  and harbors not more than any two dogs at the same time. Except as
    12  otherwise provided in this subdivision, a license  shall  be  issued  or
    13  renewed  for  a  period  of at least one year, provided, that no license
    14  shall be issued for a period expiring after the last day of the eleventh
    15  month following the expiration date of the  current  rabies  certificate
    16  for the dog being licensed. All licenses shall expire on the last day of
    17  the  last month of the period for which they are issued. In the event an
    18  applicant for a license presents, in lieu of  a  rabies  certificate,  a
    19  statement  certified by a licensed veterinarian, as provided in subdivi-
    20  sion two of this section, a license shall be issued  or  renewed  for  a
    21  period of one year from the date of said statement. Any municipality may
    22  establish a common renewal date for all such licenses.  A license issued
    23  by  a  municipality  that  has  established  a common renewal date shall
    24  expire no later than the common renewal date  prior  to  the  expiration
    25  date of the rabies certificate for the dog being licensed.
    26    § 8. This act shall take effect immediately.
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