What's happening
This bill strengthens animal protection by extending shelter hold times and limiting euthanasia, requiring most unclaimed animals be made available for adoption for at least 90 days.
Why it matters
Limits on Euthanasia Consent. Owners can no longer consent to euthanize healthy, uninjured, or non-disabled animals; instead, they must relinquish ownership, ensuring more animals are given a chance at adoption rather than euthanasia.
Longer Minimum Hold Periods. The bill increases the minimum time a shelter or pound must hold a seized or relinquished animal before euthanasia or adoption, from 3 to 5 days (and at least 7 days if notice is by mail), giving owners more time to reclaim pets and reducing the risk of premature euthanasia.
Mandatory 90-Day Adoption Window. Animals not reclaimed or adopted must be made available for adoption for at least 90 days (unless they are certified by a veterinarian as suffering and in need of humane euthanasia), potentially reducing the number of healthy animals euthanized and increasing the chance for adoption.
Shelter Capacity Consideration. While mandating the 90-day hold, the bill allows shelters to consider their capacity, number of animals, and each animal's health when determining how long an animal can be feasibly held, balancing animal protection with practical shelter management realities.
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Expand Animal Adoption Periods
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Shelter Adoption Period
In Assembly Committee · Agriculture · Sponsor Nicole Malliotakis
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3194 A. 2519
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 20, 2017
IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered printed, 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 Assembly, 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 redemption. 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 expiration 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 [subdivisions 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 ordinance 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 municipality 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 subdivisions 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 notwithstanding, 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 impounded 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 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 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 examination 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 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 [may] shall after five days make available for adoption [or have humanely destroyed in accordance with the provisions of this section and subject to], unless a longer 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 cruelty 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (831 words)
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.
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