S T A T E   O F   N E W   Y O R K
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     S. 3221                                                  A. 2672
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             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:
 
   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.
   § 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06024-01-7
              

 S. 3221                             2                            A. 2672
 
   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
 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.
   § 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.