BILL NUMBER: S2123

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the state finance law, in relation to making a technical
correction to the designation of the animal shelter regulation fund

 
PURPOSE:

This legislation will provide comprehensive standards of care for munic-
ipal shelters, not for profit humane societies, SPCAs and animal shel-
ters and not for profit animal rescues.

 
SUMMARY OF PROVISIONS:

Section 1 provides the Legislative Intent.

Section 2 creates a of a new article 26-C to the Agriculture and Markets
Law, titled "Regulation of Animal Shelters"

-420. Definitions section
              

-421. License required and inspection of facilities

-422. Personnel training requirements- each animal shelter shall provide
training to all staff members and volunteers having direct animal
responsibilities.

-423. Recordkeeping and protocols- establishes recordkeeping standards.
Shelters must maintain a record for each animal in custody.

-424. Facility Standards- Shelter facilities must have sound physical
structures, such structures shall protect from injury, be non-porous,
have accessible sinks, ambient temperature, back up-electricity plans,
etc.

-425. Animal Housing- Each animal shelter, shall provide each animal in
its custody or possession with a suitable primary enclosure that meets
the requirements prescribed in this section.

-426. Sanitation- animal shelters shall establish and maintain sanita-
tion protocols prescribed in this section,

-427. Shelter Management Protocols - requires written management struc-
ture for all staff.

-428. Animal Husbandry- standards provided for proper nutrition and
handling of animals.

-429. Veterinary Care- requires prescription medications and treatments
be administered under the advisement of a veterinarian.  All animals
must be assessed within two hours of intake by a trained staffer. Each
animal shelter shall provide appropriate and timely veterinary care for
any animal that is in distress or showing signs on significant illness
or injury. Complete physical exams must take place within 24 hours of
intake to identify behavior and medical conditions.


-430. Behavior-- Shelters must collect a behavioral history on animals
at the time of intake and must provide daily positive social inter-
actions. Physical force in behavior modification is prohibited.

-431. Transportation- establishes transportation requirements and vehi-
cle standards.

-432. Foster Care Provider Requirements- shelters and foster care
providers must enter into a written agreement. Such agreement should
ensure that providers are protecting the health and welfare of the
animals in their care.

-433. Violations- Violations may result in denial, revocation, suspen-
sion or refusal of license renewal. Civil offense between $100 to $1000
for each violation.

-434. Waiving of Requirements Authorized- the commissioner is authorized
to waive the requirements established in this article during a disaster
emergency.

Section 3 adds a new section 383 to the Agriculture and Markets Law,
establishing special provisions relates to the importation of dogs and
cats into the state for sale, resale or adoption.

Section 4 amends section 400 (b). and (c) of the Agriculture and Markets
Law to include a reference to this article.

Section 5 amends subdivision 3 of section 403 of the Agriculture and
Markets Law, in relation to the application price for a shelter license.

Section 6 repeals section 408 of the Agriculture and Markets Law.

Section 7 renumbers section 380 of the Agriculture and Markets Law.

Section 8 amends section 752 of the General Business Law to require
licenses instead of registration

Section 9 adds a new section to the State Finance Law creating an animal
shelter regulation fund.

Section 10 provides the effective date.

 
JUSTIFICATION:

In 2017, New York State began requiring all nonprofit shelters (with or
without municipal contracts) and all non-profit animal rescues to regis-
ter with the Department of Agriculture and Markets. Previously, only
municipal shelters. and nonprofit shelters with municipal contracts were
overseen by the Department of Agriculture and Markets.  This proposal
would create a new Article 26-C in the Agriculture and Markets Law (AGM)
and replace New York's existing shelter/ rescue registration law. (AGM,
Section 408, enacted in 2017), with a licensing and inspection program.
for these entities.. This program would be administered by the Depart-
ment of Agriculture and Markets Division of Animal Industry, which will
oversee implementation, maintenance and compliance with these comprehen-
sive facility standards. The basis for much of the provisions related to
such standards is the Association of Shelter Veterinarians' (ASV) 2010
Guidelines for Standards of Care in Animal Shelters.
The goal of this bill would be to heighten the standards of care for
homeless companion animals at all shelters and rescues across New York
while eliminating ineffective and unenforceable laws. Animal sheltering
has changed dramatically over the last 40 years. We've seen euthanasia
rates go from a national high of 15 million a year in the 1970s to
approximately 900,000 today. In the last decade, these rates drop by 70
percent. We've seen that same transformation here in New York State
where live release rates are routinely between 90 and 95 percent at
shelters across New York.

Despite this progress, there are not-for-profit operations across the
state without the forward-thinking policies and procedures needed to
protect animals. In short, they fail to adequately protect the homeless
animal in their care and their operations are not overseen by New York
State. This bill will require all entities-shelters and rescues--to be
licensed by the Department of Agriculture and Markets which will ensure
our state's homeless companion animals will live in safe and humane
conditions, with proper cleaning, nourishment, and veterinary care. All
licensed facilities will be considered animal shelters under the law.

By enhancing the care standards for New York's homeless companion
animals, the bill will: require all personnel to have on-going training
on the care of homeless companion animals; require recordkeeping of
animal records, including health and behavior; ban dangerous and reck-
less methods of animal transport; recognize the importance of foster
care in animal sheltering, while requiring shelters and rescues to moni-
tor and track all foster providers; Require all entities to have a
clear, written, management structure that defines staff authority,
reporting structure and responsibilities; establish staffing require-
ments that are sufficient to feed each animal, clean enclosures and
provide socialization and exercise; require that the number of animals
housed will not exceed the number of humane housing units available.

This bill is based on the lifesaving, peer-reviewed best practices
established by the Association of Shelter Veterinarians (ASV) 2010
Guidelines for Standards of Care in Animal Shelters.

 
PRIOR LEGISLATIVE HISTORY:

2022: S6870B - Signed By Governor. Chapter 683.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect three years 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 effec-
tive date are authorized to be made and completed by the commissioner of
agriculture and markets on or before such effective date.