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S6974Senate2015-2016 SessionSame asA10306

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

Sponsor Martin J. GoldenSD-22+1 co-sponsorAffects Economy
Status
In Senate Committee
Agriculture
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Agriculture

What's happening

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Who cares

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

1 Co-sponsor

History

  1. Referred to agriculture

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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.

Read the full memo (634 words)

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.