NY State Senate Bill 2015-S6974

Senate Bill S6974

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2016	referred to agriculture

co-Sponsors

2015-S6974 (ACTIVE) - Details

See Assembly Version of this Bill:: A10306
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§117 & 374, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3221, A2672
2019-2020: A4675
2021-2022: A7146
2023-2024: A5170

2015-S6974 (ACTIVE) - Summary

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.

2015-S6974 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6974

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
requiring reasonable efforts be made in determining the owners of
certain animals

 PURPOSE OR GENERAL IDEA OF BILL :

To provide that before a pound or shelter possessing a dog allows such
a dog to be humanely euthanized, the pound or shelter must either
attempt to find the dog's owner or individuals willing to adopt the
dog

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of this bill amends Agriculture and Markets Law section
117(7-a) to provide that any animal in the custody of a pound or
shelter must, after the applicable owner redemption period, make the
dog available for adoption in accordance with the provisions of
Agriculture and Markets Law section 374.

Section two of this bill amends subdivision 2 of Agriculture and
Markets Law section 374 to change the time requirement to hold an
animal before the animal is available for adoption (the 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. The adoption period is a reasonably practicable period
that is at least 90 days. During the adoption period, the pound or
shelter in possession of the animal is required to make a reasonable
effort to find the animal's owner or to find adoptive owners for the
animal. The reasonable efforts shall include placing a photograph and
description of the animal on the Internet. 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 three 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.

 EXISTING LAW :

Currently, unlicensed or unidentified dogs can be seized pursuant to
Agriculture and Markets law section 117 and animals that are found
abandoned and not properly cared for, or any lost, strayed, homeless
or unwanted may be seized pursuant to Agriculture and Markets Law
section 374. Unidentified dogs and animals seized pursuant to
Agriculture and markets law section 374 must be held for 5 days to
allow the owner to redeem the dog. The redemption period for
identified dogs ranges from 7 to 9 days, depending upon the method
used to notify the dog's owner. After the redemption period, any
unredeemed dog must be made available for adoption or be humanely
euthanized.

 JUSTIFICATION :

The shelters, associations for the prevention of cruelty to animals,
and pounds in this State are the temporary home for many animals.
Under our current law, many of these animals can be humanely
euthanized. This bill would require an entity in possession of an
animal to either try to find the animal's owner or to find adoptive
parents for the animal before humanely euthanizing the animal. These
animals are not in their predicament due to anything that they did.
We should not allow them to be 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
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.

2015-S6974 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6974

                            I N  S E N A T E

                             March 11, 2016
                               ___________

Introduced  by Sens. GOLDEN, HAMILTON -- read twice and ordered printed,
  and when printed to be committed 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:

  Section  1.  Subdivision  7-a  of  section  117 of the agriculture and
markets law, as amended by chapter 83 of the laws of 2011, is amended to
read as follows:
  7-a. Any animal in the custody of a pound or shelter shall, AFTER  THE
EXPIRATION  OF  THE APPROPRIATE REDEMPTION PERIOD PRESCRIBED BY SUBDIVI-
SIONS SIX, EIGHT AND NINE OF THIS SECTION AND SUBJECT TO THE  PROVISIONS
OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER, be made available
for  adoption  PURSUANT  TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION
THREE HUNDRED SEVENTY-FOUR OF THIS  CHAPTER  or  euthanized  subject  to
[subdivisions  six,  eight  and nine of this section and subject to] the
provisions of section three hundred seventy-four of this chapter  [after
the  time  for  redemption  has  expired];  provided, however, that such
release may be made to another such pound, duly incorporated society for
the prevention of cruelty to animals, duly incorporated  humane  society
or  duly incorporated animal protective association for the sole purpose
of placing such animal in an adoptive home, when such action is  reason-
ably believed to improve the opportunity for adoption.
  S  2. Subdivision 2 of section 374 of the agriculture and markets law,
as amended by chapter 449 of the laws of 2010, is  amended  to  read  as
follows:
  2.  In  the absence of such findings or certification, a duly incorpo-
rated humane society, a duly incorporated society for the prevention  of
cruelty  to  animals,  or  any  pound maintained by or under contract or
agreement with any county, city, town or village [may after  five  days]
SHALL,  AFTER  THE  EXPIRATION OF FIVE DAYS OR THE APPLICABLE REDEMPTION
PERIOD PRESCRIBED BY SUBDIVISIONS SIX, EIGHT AND  NINE  OF  SECTION  ONE
HUNDRED  SEVENTEEN  OF THIS CHAPTER, WHICHEVER IS LONGER, make available

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

                                                           LBD14243-02-6

S. 6974                             2

for adoption AFTER A REASONABLY PRACTICABLE PERIOD  WHICH  IS  NOT  LESS
THAN  NINETY  DAYS  or  have  humanely  destroyed in accordance with the
provisions of this section [and subject to subdivisions six,  eight  and
nine  of  section  one  hundred eighteen of this chapter], any animal of
which possession is taken as provided  for  in  the  preceding  section,
unless  the  same  is  earlier redeemed by its owner; PROVIDED, HOWEVER,
THAT SUCH DULY INCORPORATED SOCIETY,  POUND  OR  SHELTER  SHALL  MAKE  A
REASONABLE  EFFORT  TO LOCATE THE OWNER OF SUCH ANIMAL OR TO PROVIDE FOR
THE FOSTERING OR ADOPTION OF SUCH ANIMAL.  SUCH REASONABLE EFFORTS SHALL
INCLUDE, BUT NOT BE LIMITED TO, CHECKING THE ANIMAL  FOR  ALL  FORMS  OF
IDENTIFICATION,  SOCIAL  MEDIA,  AND  PLACING  A  PHOTOGRAPH AND GENERAL
DESCRIPTION OF SUCH ANIMAL, THE BREED OR BREEDS AND ANY OTHER  IDENTIFY-
ING  INFORMATION ON THE INTERNET. FOR PURPOSES OF THIS SUBDIVISION, WHEN
DETERMINING A REASONABLY  PRACTICABLE  PERIOD,  CONSIDERATION  SHALL  BE
GIVEN  TO  THE  NUMBER  OF  OTHER  ANIMALS AT THE SHELTER, THE SHELTER'S
CAPACITY FOR HOUSING AND CARING FOR ANIMALS, THE LENGTH OF TIME THAT THE
ANIMAL HAS BEEN IN THE SHELTER, AND THE ANIMAL'S HEALTH.
  S 3. 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.

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Senate Bill S6974

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Sponsored By

Martin J. Golden