A 8555: Clarifies the standard of care for animals held in or being transported by animal shelters including the length of time and conditions such animal may be exposed to.

  
  STATE OF NEW YORK ________________________________________________________________________ 8555 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Paragraph (b) of subdivision 2 of section 377-a of the 2 agriculture and markets law, as added by chapter 387 of the laws of 3 2001, is amended to read as follows: 4 (b) the person intending to adopt the dog or cat shall have executed a 5 written agreement with the animal shelter, pound, dog control officer, 6 humane society, dog or cat protective association, or duly incorporated 7 society for the prevention of cruelty to animals, to have the dog or cat 8 spayed or neutered within thirty days from the adoption date, or in the 9 case of a dog or cat which has not yet reached sexual maturity, within 10 thirty days of the dog or cat reaching six months of age. The person 11 intending to adopt the dog or cat shall deposit with the animal shelter, 12 pound, dog control officer, humane society, dog or cat protective asso- 13 ciation, or duly incorporated society for the prevention of cruelty to 14 animals, an amount of not less than [thirty-five] one hundred dollars. 15 Not more than every two years, the commissioner, after holding a public 16 hearing, may raise the amount to be deposited to reflect rising costs; 17 or 18 § 2. Subdivision 6 of section 420 of the agriculture and markets law, 19 as added by chapter 683 of the laws of 2022, is amended to read as 20 follows: 21 6. "Animal shelter" shall mean a public or not-for-profit entity 22 owning, operating, or otherwise maintaining a building, structure, or 23 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 1 stray, abandoned, abused, seized, impounded, owner-surrendered or other- 2 wise unwanted animals regardless of whether or not such facility also 3 serves as a personal residence. This includes but is not limited to: 4 facilities owned, operated, or maintained by a duly incorporated society 5 for the prevention of cruelty to animals, duly incorporated humane soci- 6 ety dog or cat protective association, or pound; any person in the 7 employ of, or organization operated by or under contract to a munici- 8 pality to provide care for seized or impounded animals; or any other 9 not-for-profit organization involved in the protection, care, or rehom- 10 ing of animals. Unless otherwise provided in this article, the term 11 "animal shelter" shall not include the personal residence of any foster 12 care provider as defined in this section; a facility commonly known as a 13 boarding kennel, where the ownership of the animal is not transferred; 14 any entity licensed as a pet dealer pursuant to article twenty-six-A of 15 this chapter; any duly incorporated animal hospital owned, operated or 16 supervised by a duly licensed veterinarian; [or] any facility where the 17 owner or operator is licensed by the New York state department of envi- 18 ronmental conservation as a nuisance wildlife control agent or wildlife 19 rehabilitator; or any municipality as defined in section one hundred 20 eight of this chapter, that establishes and maintains a pound or shelter 21 pursuant to subdivision one of section one hundred fourteen of this 22 chapter that impounds less than five dogs annually and harbors not more 23 than any two dogs at the same time. 24 § 3. Section 422 of the agriculture and markets law is amended by 25 adding a new subdivision 5 to read as follows: 26 5. The provisions of this section shall not be applicable to any 27 veterinarian or veterinary technician authorized to practice in this 28 state pursuant to article one hundred thirty-five of the education law. 29 § 4. Subdivision 17 of section 425 of the agriculture and markets law 30 is REPEALED. 31 § 5. Subdivision 3 of section 427 of the agriculture and markets law, 32 as added by chapter 683 of the laws of 2022, is amended to read as 33 follows: 34 3. The total number of animals housed in an animal shelter facility 35 [or foster home] shall not exceed the number of housing units available 36 at the facility as required by section four hundred twenty-five of this 37 article; provided, however, that exceptions to the provisions of this 38 subdivision shall be permissible for periods not to exceed forty-five 39 contiguous days in the event of an animal seizure pursuant to article 40 twenty-six of this chapter or a natural disaster where an official 41 declaration of the disaster or emergency has been made. 42 § 6. Subdivision 8 of section 429 of the agriculture and markets law, 43 as added by chapter 683 of the laws of 2022, is amended to read as 44 follows: 45 8. Each animal shelter shall vaccinate each animal in its custody or 46 possession with core vaccines as recommended by national standards and 47 guidelines specific to animal shelters as established, endorsed or 48 approved by the [American Association of Feline Practitioners (AAFP),] 49 American Animal Hospital Association (AAHA)[,] or the Association of 50 Shelter Veterinarians (ASV). 51 § 7. Paragraphs (e) and (f) of subdivision 3 of section 431 of the 52 agriculture and markets law, as added by chapter 683 of the laws of 53 2022, are amended to read as follows: 54 (e) Each dog shall be provided with the opportunity to exercise and 55 eliminate at least once every twelve hours while confined to the trans- 56 port vehicle, including load time. [Each dog being transported that is 
 A. 8555 3 1 less than twelve weeks of age shall be removed from their enclosure and 2 allowed to exercise and eliminate at least every two hours.] 3 (f) No dog or cat shall be left unattended in any transport vehicle 4 for more than one hour, [regardless of whether heating, ventilation] and 5 [air conditioning (HVAC)] only if remote temperature monitoring is 6 provided in [such vehicle] the animal compartment. 7 § 8. Subdivision 3 of section 433 of the agriculture and markets law, 8 as added by chapter 683 of the laws of 2022, is amended to read as 9 follows: 10 3. Any animal shelter that violates any provisions of this article 11 shall correct such violations to the satisfaction of the commissioner 12 within a period not to exceed [ten] thirty days; provided, however, that 13 where such violation poses a severe or immediate threat to public health 14 or animal safety or well-being, such violation shall be corrected to the 15 satisfaction of the commissioner within a period not to exceed [seven- 16 ty-two hours] seven days. 17 § 9. This act shall take effect on the same date and in the same 18 manner as chapter 683 of the laws of 2022, takes effect.