Requires duly incorporated humane society, pound or shelter to make reasonable efforts to locate the owner of certain animals or provide for the fostering or adoption of such animals; provides that such efforts shall include, but not be limited to, checking such animals for identification, social media, placing a photograph and general description, and other identifying information on the internet.
STATE OF NEW YORK
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S. 3221 A. 2672
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 requir-
ing reasonable efforts be made in determining the owners of certain
animals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7-a of section 117 of the agriculture and
2 markets law, as amended by chapter 83 of the laws of 2011, is amended to
3 read as follows:
4 7-a. Any animal in the custody of a pound or shelter shall, after the
5 expiration of the appropriate redemption period prescribed by subdivi-
6 sions six, eight and nine of this section and subject to the provisions
7 of section three hundred seventy-four of this chapter, be made available
8 for adoption pursuant to the provisions of subdivision two of section
9 three hundred seventy-four of this chapter or euthanized subject to
10 [subdivisions six, eight and nine of this section and subject to] the
11 provisions of section three hundred seventy-four of this chapter [after
12 the time for redemption has expired]; provided, however, that such
13 release may be made to another such pound, duly incorporated society for
14 the prevention of cruelty to animals, duly incorporated humane society
15 or duly incorporated animal protective association for the sole purpose
16 of placing such animal in an adoptive home, when such action is reason-
17 ably believed to improve the opportunity for adoption.
18 § 2. Subdivision 2 of section 374 of the agriculture and markets law,
19 as amended by chapter 449 of the laws of 2010, is amended to read as
20 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06024-01-7
S. 3221 2 A. 2672
1 2. In the absence of such findings or certification, a duly incorpo-
2 rated humane society, a duly incorporated society for the prevention of
3 cruelty to animals, or any pound maintained by or under contract or
4 agreement with any county, city, town or village [may after five days]
5 shall, after the expiration of five days or the applicable redemption
6 period prescribed by subdivisions six, eight and nine of section one
7 hundred seventeen of this chapter, whichever is longer, make available
8 for adoption after a reasonably practicable period which is not less
9 than ninety days or have humanely destroyed in accordance with the
10 provisions of this section [and subject to subdivisions six, eight and
11 nine of section one hundred eighteen of this chapter], any animal of
12 which possession is taken as provided for in the preceding section,
13 unless the same is earlier redeemed by its owner; provided, however,
14 that such duly incorporated society, pound or shelter shall make a
15 reasonable effort to locate the owner of such animal or to provide for
16 the fostering or adoption of such animal. Such reasonable efforts shall
17 include, but not be limited to, checking the animal for all forms of
18 identification, social media, and placing a photograph and general
19 description of such animal, the breed or breeds and any other identify-
20 ing information on the internet. For purposes of this subdivision, when
21 determining a reasonably practicable period, consideration shall be
22 given to the number of other animals at the shelter, the shelter's
23 capacity for housing and caring for animals, the length of time that the
24 animal has been in the shelter, and the animal's health.
25 § 3. This act shall take effect on the ninetieth day after it shall
26 have become a law; provided, however, that effective immediately, the
27 addition, amendment and/or repeal of any rule or regulation necessary
28 for the implementation of this act on its effective date are authorized
29 and directed to be made and completed on or before such effective date.
