S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4675
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 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  requir-
   ing  reasonable  efforts  be made in determining the owners of certain
   animals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  7-a  of  section  117 of the agriculture and
 markets law, as amended by chapter 83 of the laws of 2011, is amended to
 read as follows:
   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  PURSUANT  TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION
 THREE HUNDRED SEVENTY-FOUR OF THIS  CHAPTER  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  reason-
 ably believed to improve the opportunity for adoption.
   §  2. Subdivision 2 of section 374 of the agriculture and markets law,
 as amended by chapter 449 of the laws of 2010, 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 after  five  days]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09095-01-9

 A. 4675                             2
 
 SHALL,  AFTER  THE  EXPIRATION OF FIVE DAYS OR THE APPLICABLE REDEMPTION
 PERIOD PRESCRIBED BY SUBDIVISIONS SIX, EIGHT AND  NINE  OF  SECTION  ONE
 HUNDRED  SEVENTEEN  OF THIS CHAPTER, WHICHEVER IS LONGER, make available
 for  adoption  AFTER  A  REASONABLY PRACTICABLE PERIOD WHICH IS NOT LESS
 THAN NINETY DAYS or have  humanely  destroyed  in  accordance  with  the
 provisions  of  this section [and subject to subdivisions six, eight and
 nine of section one hundred eighteen of this  chapter],  any  animal  of
 which  possession  is  taken  as  provided for in the preceding section,
 unless the same is earlier redeemed by  its  owner;  PROVIDED,  HOWEVER,
 THAT  SUCH  DULY  INCORPORATED  SOCIETY,  POUND  OR SHELTER SHALL MAKE A
 REASONABLE EFFORT TO LOCATE THE OWNER OF SUCH ANIMAL OR TO  PROVIDE  FOR
 THE FOSTERING OR ADOPTION OF SUCH ANIMAL.  SUCH REASONABLE EFFORTS SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED TO, CHECKING THE ANIMAL FOR ALL FORMS OF
 IDENTIFICATION, SOCIAL MEDIA,  AND  PLACING  A  PHOTOGRAPH  AND  GENERAL
 DESCRIPTION  OF SUCH ANIMAL, THE BREED OR BREEDS AND ANY OTHER IDENTIFY-
 ING INFORMATION ON THE INTERNET. 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.
   §  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 after  five  days]
 SHALL,  AFTER  THE  EXPIRATION OF FIVE DAYS OR THE APPLICABLE REDEMPTION
 PERIOD PRESCRIBED BY SUBDIVISIONS SIX, EIGHT AND  NINE  OF  SECTION  ONE
 HUNDRED  SEVENTEEN  OF THIS CHAPTER, WHICHEVER IS LONGER, make available
 for adoption AFTER A REASONABLY PRACTICABLE PERIOD  WHICH  IS  NOT  LESS
 THAN  NINETY  DAYS  or  have  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], any animal of
 which possession is taken as provided  for  in  the  preceding  section,
 unless  the  same  is  earlier redeemed by its owner; PROVIDED, HOWEVER,
 THAT SUCH DULY INCORPORATED SOCIETY,  POUND  OR  SHELTER  SHALL  MAKE  A
 REASONABLE  EFFORT  TO LOCATE THE OWNER OF SUCH ANIMAL OR TO PROVIDE FOR
 THE FOSTERING OR ADOPTION OF SUCH ANIMAL. SUCH REASONABLE EFFORTS  SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED TO, CHECKING THE ANIMAL FOR ALL FORMS OF
 IDENTIFICATION, SOCIAL MEDIA,  AND  PLACING  A  PHOTOGRAPH  AND  GENERAL
 DESCRIPTION  OF SUCH ANIMAL, THE BREED OR BREEDS AND ANY OTHER IDENTIFY-
 ING INFORMATION ON THE INTERNET. 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.    Notwith-
 standing 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 peri-
 od 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.

 A. 4675                             3
 
   § 3. 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.