Provides for 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5168
SPONSOR: Tannousis 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 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 PROVISIONS::
Section one of this bill amends subdivisions 6, 7, 7a, 8, 9 and 11 of
section 117 of the Agriculture and Markets Law. The amendments to subdi-
visions 6 and 9 provide that the notification and redemption require-
ments 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 minimum redemption period that a municipality may elect when
an owner is personally notified from three days to five days. The amend-
ment 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 section 374 of
the Agriculture and Markets Law. 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 animal shall immediately
be made available for adoption.
Section three of this bill adds a new subdivision 2-a to section 374 of
the Agriculture and Markets Law. 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 reason-
ably 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 shelter, 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
deserve the chance to be adopted. We should not allow them to be humane-
ly euthanized without first using our best efforts to try and place them
in an adoptive home.
PRIOR LEGISLATIVE HISTORY::
2021 A6904 Referred to Agriculture.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
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.
STATE OF NEW YORK
________________________________________________________________________
5168
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
___________
Introduced by M. of A. TANNOUSIS -- 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
21 inapplicable if the owner relinquished possession and control of the dog
22 pursuant to subdivision one of section three hundred seventy-four of
23 this chapter and such dog shall be made available for adoption subject
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05123-01-3
A. 5168 2
1 to subdivision seven, seven-a, eight and nine of this section and
2 subject to the provisions of subdivisions two and three of section three
3 hundred seventy-four of this chapter.
4 7. An owner shall forfeit title to any dog unredeemed at the expira-
5 tion of the appropriate redemption period prescribed by subdivisions
6 six, eight and nine of this section and subject to the provisions of
7 section three hundred seventy-four of this chapter, and the dog shall
8 then be made available for adoption [or euthanized] subject to [subdivi-
9 sions six, eight and nine] subdivision seven-a of this section and
10 subject to the provisions of section three hundred seventy-four of this
11 chapter or euthanized subject to the provisions of section three hundred
12 seventy-four of this chapter. Any municipality may by local law or ordi-
13 nance establish additional conditions for adoption including the
14 requirement that adopted dogs shall be spayed or neutered before or
15 after release from custody upon such terms and conditions as the munici-
16 pality may establish.
17 7-a. Any animal in the custody of a pound or shelter shall, after the
18 expiration of the appropriate redemption period prescribed by subdivi-
19 sions six, eight and nine of this section and subject to the provisions
20 of section three hundred seventy-four of this chapter, be made available
21 for adoption or euthanized subject to [subdivisions six, eight and nine
22 of this section and subject to] the provisions of section three hundred
23 seventy-four of this chapter [after the time for redemption has
24 expired]; provided, however, that such release may be made to another
25 such pound, duly incorporated society for the prevention of cruelty to
26 animals, duly incorporated humane society or duly incorporated animal
27 protective association for the sole purpose of placing such animal in an
28 adoptive home, when such action is reasonably believed to improve the
29 opportunity for adoption.
30 8. The redemption periods set forth above in this section notwith-
31 standing, any municipality may establish the duration of such periods by
32 local law or ordinance, provided that no such period shall be less than
33 [three] five days, except that where notice to the owner is given by
34 mail, no such period shall be less than seven days.
35 9. Any dog, owned by a resident of any city having a population of
36 over two million or by a non-resident of this state, seized and impound-
37 ed pursuant to the provisions of this article, and whose owner can be
38 identified, shall be subject to subdivision six of this section,
39 provided, however, that the notification requirements and redemption
40 rights provided by such subdivision are inapplicable if the owner relin-
41 quished possession and control of the dog pursuant to subdivision one of
42 section three hundred seventy-four of this chapter and such dog shall be
43 made available for adoption pursuant to the provisions of subdivisions
44 two and three of section three hundred seventy-four of this chapter. If
45 the dog is licensed pursuant to the provisions of law of the area of the
46 owner's residence, the licensing requirements of this article shall not
47 apply provided such dog is not harbored within this state outside any
48 city having a population of over two million for a period exceeding
49 thirty days.
50 11. No liability in damages or otherwise shall be incurred on account
51 of the seizure, euthanization or adoption of any dog pursuant to the
52 provisions of this article or of section three hundred seventy-four of
53 this chapter.
54 § 2. Subdivision 1 of section 374 of the agriculture and markets law,
55 as amended by chapter 449 of the laws of 2010, is amended to read as
56 follows:
A. 5168 3
1 1. Any agent or officer of any duly incorporated humane society, a
2 duly incorporated society for the prevention of cruelty to animals, any
3 dog control officer, or any police officer, may lawfully cause to be
4 humanely destroyed (by means provided for in paragraph a of subdivision
5 three of this section) any animal found abandoned and not properly cared
6 for, or any lost, strayed, homeless or unwanted animal, if upon examina-
7 tion a licensed veterinarian shall certify in writing, or if two
8 reputable citizens called upon by such agent, officer or police officer
9 to view the same in his or her presence find that the animal is so
10 maimed, diseased, disabled, or infirm so as to be unfit for any useful
11 purpose and that humane euthanasia is warranted; or after such agent,
12 officer or police officer has obtained in writing from the owner of such
13 animal his or her consent to such destruction; provided however, that if
14 an animal is not maimed, diseased, disabled or infirm such owner shall
15 not consent to destruction of such animal and shall relinquish ownership
16 and possession of such animal to a duly incorporated humane society, a
17 duly incorporated society for the prevention of cruelty to animals, or
18 any pound maintained by or under contract or agreement with any county,
19 city, town or village.
20 § 2-a. Subdivision 2 of section 374 of the agriculture and markets
21 law, as amended by chapter 421 of the laws of 2018, is amended to read
22 as follows:
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 seventeen of this chapter, any animal of which possession is
31 taken as provided for in [the preceding] section three hundred seventy-
32 three of this article, unless the same is earlier redeemed by its owner,
33 provided that no owner who relinquished possession and ownership of an
34 animal pursuant to subdivision one of this section shall be allowed to
35 redeem such animal and such animal shall be immediately made available
36 for adoption. Notwithstanding the redemption periods set forth above in
37 this subdivision, any municipality may establish the duration of such
38 periods by local law or ordinance for any cat whose owner cannot be
39 identified by a collar, tag, microchip, tattoo or other identifying
40 mark, provided that no such period shall be less than three days, and
41 provided further that such cat be made available solely for the purposes
42 of adoption and released to an adoptive owner following an examination
43 by a duly-licensed veterinarian, the details of which shall be provided
44 to the adoptive owner. Notwithstanding the redemption periods set forth
45 above in this subdivision, any municipality may establish the duration
46 of such periods by local law or ordinance for any cat whose owner cannot
47 be identified by a collar, tag, microchip, tattoo or other identifying
48 mark, provided that no such period shall be less than three days, and
49 provided further that such cat be made available solely for the purposes
50 of adoption and released to an adoptive owner following an examination
51 by a duly-licensed veterinarian, the details of which shall be provided
52 to the adoptive owner.
53 § 3. Section 374 of the agriculture and markets law is amended by
54 adding a new subdivision 2-a to read as follows:
55 2-a. Any animal of which possession is taken pursuant to subdivision
56 one of this section that is in the possession of a duly incorporated
A. 5168 4
1 humane society, a duly incorporated society for the prevention of cruel-
2 ty to animals, or any pound maintained by or under contract or agreement
3 with any county, city, town or village and has not been redeemed or
4 adopted pursuant to subdivision two of this section, shall be made
5 available for adoption for a reasonably practicable period that shall
6 not be less than ninety days, which shall commence immediately after the
7 expiration of the redemption period provided by subdivision two of this
8 section provided that if during such period a veterinarian certifies
9 that such animal is so maimed, diseased, disabled, or infirm as to be
10 unfit for any useful purpose such animal may, in the discretion of the
11 entity in possession of such animal, be humanely destroyed in accordance
12 with the provisions of this section and subject to subdivisions six,
13 eight and nine of section one hundred seventeen of this chapter prior to
14 the expiration of such period. After the expiration of such period, such
15 animal may, in the discretion of the entity in possession of such
16 animal, be humanely destroyed in accordance with the provisions of this
17 section and subject to subdivisions six, eight and nine of section one
18 hundred seventeen of this chapter. For purposes of this subdivision,
19 when determining a reasonably practicable period, consideration shall be
20 given to the number of other animals at the shelter, the shelter's
21 capacity for housing and caring for animals, the length of time that the
22 animal has been in the shelter, and the animal's health.
23 § 4. This act shall take effect on the ninetieth day after it shall
24 have become a law. Effective immediately, the addition, amendment and/or
25 repeal of any rule or regulation necessary for the implementation of
26 this act on its effective date are authorized to be made and completed
27 on or before such effective date.
