NY State Senate Bill 2017-S3194

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 20, 2017	referred to agriculture

2017-S3194 (ACTIVE) - Details

See Assembly Version of this Bill:: A2519
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§117 & 374, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6975, A10316
2019-2020: A4475
2021-2022: A6904
2023-2024: A5168

2017-S3194 (ACTIVE) - Summary

Relates to 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.

2017-S3194 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3194

 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, 7-a, 8, 9 and 11 of
section 117 of the Agriculture and Markets Law. The amendments to
subdivisions 6 and 9 provide that the notification and redemption
requirements 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 amendment 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 incorporated
society for the prevention of cruelty to animals, a dog control
officer or police officer, the owner cannot consent to the humane
destruction of the dog. The amendment to subdivision 2 changes the
time requirement to hold an animal before the animal is made available
for adoption (the owner's 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 unless the owner
relinquished possession and control of the animal pursuant to
subdivision 1 and in such a case, the 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
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 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.

 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,
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 are not in their predicament due to anything that they
did. They deserve the chance to be adopted. We should not allow them
to be humanely euthanized without first using our best efforts to try
and place them in an adoptive home.

 PRIOR LEGISLATIVE HISTORY :

2016:S.6975 - Referred to Agriculture/A.10316 - Referred to
Agriculture

 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.

2017-S3194 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3194                                                  A. 2519
 
                        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 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:
 
   Section  1.  Subdivisions 6, 7, 7-a, 8, 9 and 11 of section 117 of the
 agriculture and markets law, such section as renumbered by section 12 of
 part T of chapter 59 of the laws of 2010, subdivisions 6, 9  and  11  as
 added  by  chapter  220 of the laws of 1978, subdivision 7 as amended by
 section 13 of part T of chapter 59 of the laws of 2010, subdivision  7-a
 as  amended  by  chapter  83  of  the  laws of 2011 and subdivision 8 as
 amended by chapter 221 of the laws of  1978,  are  amended  to  read  as
 follows:
   6. Promptly upon seizure of any identified dog, the owner of record of
 such  dog  shall  be  notified  personally  or by certified mail, return
 receipt requested, of the facts of seizure and the procedure for redemp-
 tion. If notification is personally given, such dog shall be held for  a
 period  of  seven  days after day of notice, during which period the dog
 may be redeemed by the owner. If such notification is made by mail, such
 dog shall be held for a period of nine days from the  date  of  mailing,
 during  which  period  the  dog  may be redeemed by the owner. In either
 case, the owner may redeem such dog upon payment of the impoundment fees
 prescribed by subdivision four of this section and  by  producing  proof
 that the dog has been licensed, PROVIDED, HOWEVER, THAT THE NOTIFICATION
 REQUIREMENTS  AND  REDEMPTION  RIGHTS  PROVIDED  BY THIS SUBDIVISION ARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06052-01-7

 S. 3194                             2                            A. 2519
 
 INAPPLICABLE IF THE OWNER RELINQUISHED POSSESSION AND CONTROL OF THE DOG
 PURSUANT TO SUBDIVISION ONE OF SECTION  THREE  HUNDRED  SEVENTY-FOUR  OF
 THIS  CHAPTER  AND SUCH DOG SHALL BE MADE AVAILABLE FOR ADOPTION SUBJECT
 TO  SUBDIVISION  SEVEN,  SEVEN-A,  EIGHT  AND  NINE  OF THIS SECTION AND
 SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF SECTION THREE
 HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   7. An owner shall forfeit title to any dog unredeemed at  the  expira-
 tion  of  the  appropriate  redemption period PRESCRIBED BY SUBDIVISIONS
 SIX, EIGHT AND NINE OF THIS SECTION AND SUBJECT  TO  THE  PROVISIONS  OF
 SECTION  THREE  HUNDRED  SEVENTY-FOUR OF THIS CHAPTER, and the dog shall
 then be made available for adoption [or euthanized] subject to [subdivi-
 sions six, eight and nine]  SUBDIVISION  SEVEN-A  of  this  section  and
 subject  to the provisions of section three hundred seventy-four of this
 chapter OR EUTHANIZED SUBJECT TO THE PROVISIONS OF SECTION THREE HUNDRED
 SEVENTY-FOUR OF THIS CHAPTER. Any municipality may by local law or ordi-
 nance  establish  additional  conditions  for  adoption  including   the
 requirement  that  adopted  dogs  shall  be spayed or neutered before or
 after release from custody upon such terms and conditions as the munici-
 pality may establish.
   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 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 reasonably believed to improve the
 opportunity for adoption.
   8. The redemption periods set forth above  in  this  section  notwith-
 standing, any municipality may establish the duration of such periods by
 local  law or ordinance, provided that no such period shall be less than
 [three] FIVE days, except that where notice to the  owner  is  given  by
 mail, no such period shall be less than seven days.
   9.  Any  dog,  owned  by a resident of any city having a population of
 over two million or by a non-resident of this state, seized and impound-
 ed pursuant to the provisions of this article, and whose  owner  can  be
 identified,  shall  be  subject  to  subdivision  six  of  this section,
 PROVIDED, HOWEVER, THAT THE  NOTIFICATION  REQUIREMENTS  AND  REDEMPTION
 RIGHTS PROVIDED BY SUCH SUBDIVISION ARE INAPPLICABLE IF THE OWNER RELIN-
 QUISHED POSSESSION AND CONTROL OF THE DOG PURSUANT TO SUBDIVISION ONE OF
 SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER AND SUCH DOG SHALL BE
 MADE  AVAILABLE  FOR ADOPTION PURSUANT TO THE PROVISIONS OF SUBDIVISIONS
 TWO AND THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.  If
 the dog is licensed pursuant to the provisions of law of the area of the
 owner's residence, the licensing requirements of this article shall  not
 apply  provided  such  dog is not harbored within this state outside any
 city having a population of over two  million  for  a  period  exceeding
 thirty days.
   11.  No liability in damages or otherwise shall be incurred on account
 of the seizure, euthanization or adoption of any  dog  pursuant  to  the
 provisions  of  this article OR OF SECTION THREE HUNDRED SEVENTY-FOUR OF
 THIS CHAPTER.

 S. 3194                             3                            A. 2519
 
   § 2. Subdivisions 1 and 2  of  section  374  of  the  agriculture  and
 markets  law, as amended by chapter 449 of the laws of 2010, are amended
 to read as follows:
   1.  Any  agent  or  officer of any duly incorporated humane society, a
 duly incorporated society for the prevention of cruelty to animals,  any
 dog  control  officer,  or  any police officer, may lawfully cause to be
 humanely destroyed (by means provided for in paragraph a of  subdivision
 three of this section) any animal found abandoned and not properly cared
 for, or any lost, strayed, homeless or unwanted animal, if upon examina-
 tion  a  licensed  veterinarian  shall  certify  in  writing,  or if two
 reputable citizens called upon by such agent, officer or police  officer
 to  view  the  same  in  his  or her presence find that the animal is so
 maimed, diseased, disabled, or infirm so as to be unfit for  any  useful
 purpose  and  that  humane euthanasia is warranted; or after such agent,
 officer or police officer has obtained in writing from the owner of such
 animal his or her consent to such destruction; PROVIDED HOWEVER, THAT IF
 AN ANIMAL IS NOT MAIMED, DISEASED, DISABLED OR INFIRM SUCH  OWNER  SHALL
 NOT CONSENT TO DESTRUCTION OF SUCH ANIMAL AND SHALL RELINQUISH OWNERSHIP
 AND  POSSESSION  OF SUCH ANIMAL TO A DULY INCORPORATED 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.
   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] SHALL after five
 days make available for adoption [or have humanely destroyed in  accord-
 ance with the provisions of this section and subject to], UNLESS A LONG-
 ER  PERIOD  IS PRESCRIBED BY subdivisions six, eight and nine of section
 one hundred [eighteen] SEVENTEEN of this chapter, any  animal  of  which
 possession  is  taken  as  provided for in [the preceding] section THREE
 HUNDRED SEVENTY-THREE OF  THIS  ARTICLE,  unless  the  same  is  earlier
 redeemed   by  its  owner,  PROVIDED  THAT  NO  OWNER  WHO  RELINQUISHED
 POSSESSION AND OWNERSHIP OF AN ANIMAL PURSUANT  TO  SUBDIVISION  ONE  OF
 THIS  SECTION  SHALL  BE  ALLOWED  TO REDEEM SUCH ANIMAL AND SUCH ANIMAL
 SHALL BE IMMEDIATELY MADE AVAILABLE FOR ADOPTION.
   § 3. Section 374 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 2-a to read as follows:
   2-A.  ANY  ANIMAL OF WHICH POSSESSION IS TAKEN PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION THAT IS IN THE POSSESSION  OF  A  DULY  INCORPORATED
 HUMANE SOCIETY, A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUEL-
 TY TO ANIMALS, OR ANY POUND MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT
 WITH  ANY  COUNTY,  CITY,  TOWN  OR VILLAGE AND HAS NOT BEEN REDEEMED OR
 ADOPTED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION,  SHALL  BE  MADE
 AVAILABLE  FOR  ADOPTION  FOR A REASONABLY PRACTICABLE PERIOD THAT SHALL
 NOT BE LESS THAN NINETY DAYS, WHICH SHALL COMMENCE IMMEDIATELY AFTER THE
 EXPIRATION OF THE REDEMPTION PERIOD PROVIDED BY SUBDIVISION TWO OF  THIS
 SECTION  PROVIDED  THAT  IF  DURING SUCH PERIOD A VETERINARIAN CERTIFIES
 THAT SUCH ANIMAL IS SO MAIMED, DISEASED, DISABLED, OR INFIRM  AS  TO  BE
 UNFIT  FOR  ANY USEFUL PURPOSE SUCH ANIMAL MAY, IN THE DISCRETION OF THE
 ENTITY IN POSSESSION OF SUCH ANIMAL, BE HUMANELY DESTROYED IN ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION AND  SUBJECT  TO  SUBDIVISIONS  SIX,
 EIGHT AND NINE OF SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER PRIOR TO
 THE EXPIRATION OF SUCH PERIOD. AFTER THE EXPIRATION OF SUCH PERIOD, SUCH
 ANIMAL  MAY,  IN  THE  DISCRETION  OF  THE  ENTITY IN POSSESSION OF SUCH
 ANIMAL, BE HUMANELY DESTROYED IN ACCORDANCE WITH THE PROVISIONS OF  THIS

 S. 3194                             4                            A. 2519
 
 SECTION  AND  SUBJECT TO SUBDIVISIONS SIX, EIGHT AND NINE OF SECTION ONE
 HUNDRED SEVENTEEN OF THIS CHAPTER. 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.
   § 4. 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 S3194

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2017-S3194 (ACTIVE) - Details

2017-S3194 (ACTIVE) - Summary

2017-S3194 (ACTIVE) - Sponsor Memo

2017-S3194 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3194

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2017-S3194 (ACTIVE) - Details

2017-S3194 (ACTIVE) - Summary

2017-S3194 (ACTIVE) - Sponsor Memo

2017-S3194 (ACTIVE) - Bill Text download pdf

Comments