S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4475
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 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, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08992-01-9

 A. 4475                             2
 
 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 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.
   §  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:

 A. 4475                             3
 
   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 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.
   § 2-a. Subdivision 2 of section 374 of  the  agriculture  and  markets
 law,  as  amended by chapter 421 of the laws of 2018, is amended to read
 as follows:
   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 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.  Notwithstanding the redemption periods set forth above in
 this subdivision, any municipality may establish the  duration  of  such
 periods  by  local  law  or  ordinance for any cat whose owner cannot be
 identified by a collar, tag,  microchip,  tattoo  or  other  identifying
 mark,  provided  that  no such period shall be less than three days, and
 provided further that such cat be made available solely for the purposes
 of adoption and released to an adoptive owner following  an  examination

 A. 4475                             4
 
 by  a duly-licensed veterinarian, the details of which shall be provided
 to the adoptive owner.  Notwithstanding the redemption periods set forth
 above in this subdivision, any municipality may establish  the  duration
 of such periods by local law or ordinance for any cat whose owner cannot
 be  identified  by a collar, tag, microchip, tattoo or other identifying
 mark, provided that no such period shall be less than  three  days,  and
 provided further that such cat be made available solely for the purposes
 of  adoption  and released to an adoptive owner following an examination
 by a duly-licensed veterinarian, the details of which shall be  provided
 to the adoptive owner.
   §  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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that if chapter 421 of the laws of
 2018 shall not have taken effect on or before  such  date  then  section
 two-a  of  this  act  shall take effect on the same date and in the same
 manner as such chapter of the laws of 2018 takes effect. Effective imme-
 diately, 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.