Assembly Bill A5170

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5170
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  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 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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05212-01-3
              

 A. 5170                             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 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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.