S T A T E   O F   N E W   Y O R K
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                                  10316

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

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, subdivision 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14256-03-6

A. 10316                            2

  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  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

A. 10316                            3

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.
  S 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
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.

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  S 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.