S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8555
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to stand-
   ards of care for animals held in,  or  being  transported  by,  animal
   shelters; and to repeal certain provisions of such law relating there-
   to

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2  of  section  377-a  of  the
 agriculture  and  markets  law,  as  added by chapter 387 of the laws of
 2001, is amended to read as follows:
   (b) the person intending to adopt the dog or cat shall have executed a
 written agreement with the animal shelter, pound, dog  control  officer,
 humane  society, dog or cat protective association, or duly incorporated
 society for the prevention of cruelty to animals, to have the dog or cat
 spayed or neutered within thirty days from the adoption date, or in  the
 case  of  a dog or cat which has not yet reached sexual maturity, within
 thirty days of the dog or cat reaching six months  of  age.  The  person
 intending to adopt the dog or cat shall deposit with the animal shelter,
 pound,  dog control officer, humane society, dog or cat protective asso-
 ciation, or duly incorporated society for the prevention of  cruelty  to
 animals,  an  amount of not less than [thirty-five] ONE HUNDRED dollars.
 Not more than every two years, the commissioner, after holding a  public
 hearing,  may  raise the amount to be deposited to reflect rising costs;
 or
   § 2. Subdivision 6 of section 420 of the agriculture and markets  law,
 as  added  by  chapter  683  of  the laws of 2022, is amended to read as
 follows:
   6. "Animal shelter" shall  mean  a  public  or  not-for-profit  entity
 owning,  operating,  or  otherwise maintaining a building, structure, or
 facility where temporary or permanent housing and care  is  provided  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13059-01-5
              

 A. 8555                             2
 
 stray, abandoned, abused, seized, impounded, owner-surrendered or other-
 wise  unwanted  animals  regardless of whether or not such facility also
 serves as a personal residence. This includes but  is  not  limited  to:
 facilities owned, operated, or maintained by a duly incorporated society
 for the prevention of cruelty to animals, duly incorporated humane soci-
 ety  dog  or  cat  protective  association,  or pound; any person in the
 employ of, or organization operated by or under contract  to  a  munici-
 pality  to  provide  care  for seized or impounded animals; or any other
 not-for-profit organization involved in the protection, care, or  rehom-
 ing  of  animals.    Unless otherwise provided in this article, the term
 "animal shelter" shall not include the personal residence of any  foster
 care provider as defined in this section; a facility commonly known as a
 boarding  kennel,  where the ownership of the animal is not transferred;
 any entity licensed as a pet dealer pursuant to article twenty-six-A  of
 this  chapter;  any duly incorporated animal hospital owned, operated or
 supervised by a duly licensed veterinarian; [or] any facility where  the
 owner  or operator is licensed by the New York state department of envi-
 ronmental conservation as a nuisance wildlife control agent or  wildlife
 rehabilitator;  OR  ANY  MUNICIPALITY  AS DEFINED IN SECTION ONE HUNDRED
 EIGHT OF THIS CHAPTER, THAT ESTABLISHES AND MAINTAINS A POUND OR SHELTER
 PURSUANT TO SUBDIVISION ONE OF SECTION  ONE  HUNDRED  FOURTEEN  OF  THIS
 CHAPTER  THAT IMPOUNDS LESS THAN FIVE DOGS ANNUALLY AND HARBORS NOT MORE
 THAN ANY TWO DOGS AT THE SAME TIME.
   § 3. Section 422 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE APPLICABLE TO ANY
 VETERINARIAN OR VETERINARY TECHNICIAN AUTHORIZED  TO  PRACTICE  IN  THIS
 STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
   §  4. Subdivision 17 of section 425 of the agriculture and markets law
 is REPEALED.
   § 5. Subdivision 3 of section 427 of the agriculture and markets  law,
 as  added  by  chapter  683  of  the laws of 2022, is amended to read as
 follows:
   3. The total number of animals housed in an  animal  shelter  facility
 [or  foster home] shall not exceed the number of housing units available
 at the facility as required by section four hundred twenty-five of  this
 article;  provided,  however,  that exceptions to the provisions of this
 subdivision shall be permissible for periods not  to  exceed  forty-five
 contiguous  days  in  the event of an animal seizure pursuant to article
 twenty-six of this chapter or  a  natural  disaster  where  an  official
 declaration of the disaster or emergency has been made.
   §  6. Subdivision 8 of section 429 of the agriculture and markets law,
 as added by chapter 683 of the laws of  2022,  is  amended  to  read  as
 follows:
   8.  Each  animal shelter shall vaccinate each animal in its custody or
 possession with core vaccines as recommended by national  standards  and
 guidelines  specific  to  animal  shelters  as  established, endorsed or
 approved by the [American Association of Feline  Practitioners  (AAFP),]
 American  Animal  Hospital  Association  (AAHA)[,] or the Association of
 Shelter Veterinarians (ASV).
   § 7. Paragraphs (e) and (f) of subdivision 3 of  section  431  of  the
 agriculture  and  markets  law,  as  added by chapter 683 of the laws of
 2022, are amended to read as follows:
   (e) Each dog shall be provided with the opportunity  to  exercise  and
 eliminate  at least once every twelve hours while confined to the trans-
 port vehicle, including load time. [Each dog being transported  that  is
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 less  than twelve weeks of age shall be removed from their enclosure and
 allowed to exercise and eliminate at least every two hours.]
   (f)  No  dog  or cat shall be left unattended in any transport vehicle
 for more than one hour, [regardless of whether heating, ventilation] and
 [air conditioning (HVAC)]  ONLY  IF  REMOTE  TEMPERATURE  MONITORING  is
 provided in [such vehicle] THE ANIMAL COMPARTMENT.
   §  8. Subdivision 3 of section 433 of the agriculture and markets law,
 as added by chapter 683 of the laws of  2022,  is  amended  to  read  as
 follows:
   3.  Any  animal  shelter  that violates any provisions of this article
 shall correct such violations to the satisfaction  of  the  commissioner
 within a period not to exceed [ten] THIRTY days; provided, however, that
 where such violation poses a severe or immediate threat to public health
 or animal safety or well-being, such violation shall be corrected to the
 satisfaction  of  the commissioner within a period not to exceed [seven-
 ty-two hours] SEVEN DAYS.
   § 9. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 683 of the laws of 2022, takes effect.