Senate Bill S8211

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8211
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2025
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed 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
              

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 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.