Relates to the humane destruction or other disposition of certain animals

Section two of this bill amends subdivisions 1 and 2 of Agriculture and Markets Law section 374. 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 7-a to Agriculture and Markets Law section 374. 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

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.