Relates to the treatment and disposition of lost, stray or homeless animals

Summary of provisions

Section one amends subdivision 4 of section 113 of the agriculture and markets law to provide that certain specified persons or entities, with regard to a lost or stolen dog, shall take specified steps to identify such dog, compare any information about such dog with records of animals reported to be lost or stolen, and make information available to the public on the internet or by other means, if use of the internet is impracticable, to facilitate finding the owner(s). As soon as practicable, after the owner(s) has been determined, information regarding such dog's impoundment and the procedure for redemption shall be given to such owner(s) in person or by certified mail, return receipt requested. If notification is personally given, such dog shall be held for a period of seven days after the date of notice, during which period the dog may be redeemed by the owner(s). 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(s). In, either case, the owner(s) may redeem such dog by paying the impoundment fees and by producing proof that such dog has been licensed. Section one also provides that when maintaining records regarding any lost or stolen dog, the records shall include any identification found on the dog, including tag, microchip, tattoo or license numbers, the breed(s), if known, the approximate size and weight, coloring and identifying marks on the dog.

Section two amends subdivisions 3, 4 and 11 of section 117 of the agri- culture and markets law. Subdivision 3 is amended to provide that certain specified persons or entities shall inspect each dog as soon as practicable following any seizure and ensure dogs are provided at least for the redemption period with care and treatment to relieve any pain and suffering, including necessary immediate veterinary care and treatment and parasite control, and appropriate vaccinations. The certain specified persons or entities must also properly shelter, feed and provide water to each seized dog. Subdivision 4 is amended to provide that the holding period shall be extended in the event that the owner(s) has been identified. Subdivision 11 is amended to provide that no liability in damages or otherwise shall be incurred on account of the transfer of any dog to a rescue organization.

Section three amends section 373 of the agriculture and markets law by adding a new subdivision I-b, which provides that when certain specified persons or entities seize an animal, they shall take specified steps to identify such animal, compare the information known about the animal with records of animals reported to be lost or

stolen, and make available to the public on internet or by other means, if use of the internet is impracticable, a photograph, if practicable, and a general description of the animal to assist the owner(s) in finding the animal, though information about the animal may be withheld if deemed appropriate to facilitate finding the owner(s) or otherwise to protect the safety of the animal. In addition, the certain specified persons or entities shall inspect each animal and provide the animal at least for the redemption period with care and treatment to relieve any pain and suffering, including necessary emergency veterinary care and treatment and parasite control, and appropriate vaccinations. The certain specified person or entities must also properly shelter, feed, and provide water to each animal. As soon as practicable, after the owner(s) of an animal has been determined, information regarding such animal' s impoundment and the procedure for redemption shall be given to such owner(s) in person or by certified mail, return receipt requested. If notification is personally given, such animal shall be held for a period of seven days after the date of notice, during which period the animal may be redeemed by the owner(s). If such notification is made by mail, such animal shall be held for a period of nine days from the date of mailing, during which period the animal may be redeemed by the owner or owners. In either case, the owner(s) may redeem such animal by paying the impoundment fees and, in the case of a dog, by producing proof that such dog has been licensed. The certain specified persons or entities must make and maintain a complete record of the intake and subsequent disposition of each animal. Such record shall include, but not be limited to, any identification found on the animal, such as any tag, microchip, tattoo, license numbers, the species, type or breed(s), if known, approximate size and weight, coloring and identifying marks on the animal, the date and hour of intake, the official identification number of such animal, the location where found, the reason for intake, and the owner's name and address, if known. In the event the owner(s) is not identified, the certain specified persons or entities shall hold such animal, whether or not licensed, at least for a redemption period of five days, during which the specified persons or entities shall comply with the aforementioned provisions. If the owner(s) is identified, the holding period shall be extended and the animal may be redeemed by its owner(s) upon payment of the impoundment fees, and in the case of a dog, by producing proof that the dog has been licensed or by purchasing a license at the society, animal shelter, or pound from which the owner(s) is redeeming such dog. Animals may be placed sooner than five days with an animal rescue organization or individual on the list pursuant to section 374 of the agriculture and markets law as amended by section four of this bill.

Section four amends section 374 of the agriculture and markets law. Subdivision 1 is amended to.provide that humane euthanasia shall be performed to certain specified animals suffering irremediable physical or psychological pain, or to certain specified animals to alleviate a contagious, deadly health conditions, or if the owner of such animal has given his or her written consent to such destruction. subdivision 2 is amended to add "placement with an organization on a list of approved organizations' as an option for a humane society, animal shelter or pound to consider in the case of any animal of which possession is taken.

Subdivision 3 provides that any impounding organization, as defined in subdivision six of section 350 of this article, shall maintain a list of approved animal rescue organizations willing to accept animals for the purpose of adoption, including breed-specific rescues, or to provide the animals with appropriate long-term placement and care. The list shall include information about each such organization such as contact information, species, types and breeds of animals the organization is willing to accept, any resources available to the organization including veterinary, rehabilitative or other care, care for special-needs animals, training or behavior modification programs, including the names and credentials of trainers or behaviorists, or appropriate sanctuary or long-term placement and care. The organizations on the list must be designated under section 501(c)(3) of the internal revenue code. The impounding organization shall make the current list available to all staff and the public on the internet on a website maintained by or made available to such impounding organization by the municipal or county government in which the impounding organization is located, or posted at its facility. The notice required may be made by means other than the internet if use of the internet is impracticable.

In considering whether to include an animal rescue organization on the list, the impounding organization shall consider whether such animal rescue organization has the resources to provide and will provide the animals requested to be transferred with clean, sanitary and adequate shelter, food, and water, appropriate exercise, necessary veterinary care and treatment, including vaccinations and parasite control and a safe environment. The impounding organization shall also consider whether such animal rescue organization maintains a protocol for containing and managing contagious illness and disease, maintains an active adoption or placement program or facilities appropriate for long-term placement, and manages its operations so that animals are not at risk for abuse or neglect or for use in animal fighting or research, experimentation or testing. The impounding organization must also consider whether such animal rescue organization has knowingly made any material misrepresentations or material false statements to the impounding organization's staff or disrupts or interferes with the impounding organization's lawful operations.

The impounding organization shall have the right to inspect the facilities, animal maintenance records and animals of the animal rescue organization, including requesting to visit foster homes, from time to time, at reasonable times, to determine whether the organization should be approved and also maintained on the list. The animal rescue organization shall cooperate in providing information the impounding organization may reasonable require to make the determination described in this subdivision. The first such inspection to qualify the animal rescue organization for the list initially must be completed within forty-five days of the date the animal rescue organization submits a request for inclusion on the list and information as described in paragraphs b and c of this subdivision.

The impounding organization shall not unreasonably withhold approval of the organization. The impounding organization shall state in writing the reasons why an animal rescue organization does not meet

the criteria to be placed on the list, or is not approved for some or all animals, or has been removed from the list. The reasons, including any acts or omissions, that have resulted in disapproval, should be stated with sufficient specificity to inform the organization of the particular criteria that have not been met and any acts or omissions that have resulted in disapproval, and the actions required for approval, if possible. The animal rescue organization that is not approved or removed from the list may at any time demonstrate that the reasons stated for denying approval have been remedied and request approval for placement on the list. The impounding organization shall cooperate by providing reinspections, if necessary, as soon as practicable after a request for reconsideration by the animal rescue organization, to determine if the organization is approved. An impounding organization shall not be required to consider an animal rescue organization for placement on the list more than twice annually.

No animal shall be euthanized unless the impounding organization certifies in writing that it has contacted each of the animal rescue organizations approved for the species, type or breed of animal, and that none of the animal rescue organizations contacted were willing and able to accept transfer of the animal, or if an animal rescue organization failed to pick up or accept transfer of the animal after agreeing to do so, that the animal rescue organization was contacted at the methods of contact provided in the list, and that there was no response or no confirmation that the animal rescue organization was willing and able to accept transfer of the animal, or the animal rescue organization failed to pick up or accept transfer of the animal. This paragraph does not apply to euthanasia performed pursuant to subdivisions one and five of this section.

The impounding organization may charge a reasonable adoption fee for each animal transferred to an animal rescue organization on the list and which does not exceed the adoption fee that would be charged to adopters. An animal deemed by a court to be dangerous shall be eligible only for transfer to an animal rescue organization that can meet the certain requirements for the care and handling of such animal. The provisions of this subdivision shall not apply to animals that the impounding organizations have accepted from owners only for the purpose of humane euthanasia. Impounding organizations may but are not required to include on the list animal rescue organizations located outside of the impounding organization's county or adjoining counties in the state of New York. Notwithstanding the requirements of this subdivision, impounding organizations that impounded, seized, or otherwise took in fewer than,one hundred animals in the preceding calendar year shall not be required to maintain more than three animal rescue organizations on the list at any time.

Subdivisions 4 and 5 provide technical amendments.

Subdivision 6 replaces "dog or cat" with "animal," inserts the words "duly incorporated" before the phrases "society for the prevention of cruelty to animals" and "humane society," and inserts the words "duly incorporated animal" before the words "protective association." In addition, subdivision custody or control of any pound, shelter, duly

incorporated society for the prevention of cruelty to animals, duly incorporated humane society, duly incorporated animal protective association, dog or animal control officer, peace officer or any agent thereof for the purpose of placement with an animal rescue organization on a list maintained pursuant to subdivision 3 of this section, or placement for the purpose of providing temporary shelter pending resolution of litigation involving such animal.

Subdivision 7 provides that, in lieu of destruction, redemption or other disposition pursuant to this section, such impounding organization may, in its discretion, lawfully and without liability, deliver such animal for adoption to an animal rescue organization on the impounding organization's list as required by this section after the time for redemption has expired.

Subdivision 8 provides a technical amendment.

Subdivision 9 provides that no animal in the custody of an animal rescue organization on a list as described in subdivision three of this section, or their authorized agents, shall be sold, transferred or otherwise made available to any person for the purpose of research, experimentation or testing. Further, no authorized agent of an animal rescue organization on a list as described in subdivision three of this section shall use any animal placed in its custody for the purpose of research, experimentation or testing. Subdivision 9 further provides that a duly incorporated society for the prevention of cruelty to animals or a duly incorporated humane society in charge of animals forfeited pursuant to paragraph a of this subdivision may, in its discretion, lawfully and without liability, adopt them to individuals other than the convicted person or person dwelling in the same household who conspired, aided or abetted in the unlawful act which was the basis of the conviction, or who knew or should have known of the unlawful act, place them with an animal rescue organization on the list as described in subdivision three of this section, or of no such organization is will or able to accept the animals and the society has complied with the requirements of paragraph i of subdivision three of this section, humanely dispose of them according to the provisions of subdivisions two, four, five and six of this section.

Section five amends section 350 of the agriculture and markets law by defining "impounding organization" as any duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, animal shelter or pound maintained by or under contract or agreement with any county, city, town or village, that takes possession of abandoned, not properly cared for, lost, stray or homeless animals, or animals that have been surrendered by the owner or owners.

Section six provides the effective date.

Justification

This bill will create a framework for cooperation between animal rescues and animal shelters to move more animals out of shelters while giving them the tools to protect animals from ending up in abusive and/or neglectful situations.

While animal shelters are already required to look for lost owners, this bill expands the methods by which shelters and dog control officers must identify a lost pet to include checking for tags, microchips, tattoos or licenses, comparing the information known about the dog with records of dogs reported to be lost or stolen, and making the information available to the public. This will help reunite more lost pets with their owners.

This bill will also improve the care of animals in shelters. For each dog seized, the dog control officer or impounding organization must examine the dog and provide care and treatment to relieve pain and suffering, including necessary emergency veterinary care and treatment, parasite control and appropriate vaccinations. The impounding organization must also provide proper shelter, food and water.

Lastly, the bill creates a list of qualified animal rescue organizations for shelters to contact to take animals that would otherwise be euthanized. The list would include basic information about each animal rescue organization, the species, types and breeds of animals the rescue organization is willing to accept, and any resources available to the rescue organization including veterinary, rehabilitative or other care, care for special needs animals, training or behavior modification programs, or appropriate sanctuary or long-term placement and care. The creation of such list will help to reduce the number of animals euthanized.

Legislative history

This is a new bill.

Fiscal implications

None to the state

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.