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A05449 Summary:

BILL NOA05449C
 
SAME ASNo same as
 
SPONSORPaulin (MS)
 
COSPNSRSweeney, Titone, Rivera P, Losquadro, Fitzpatrick
 
MLTSPNSRGottfried, Sayward, Schimel
 
Amd SS113, 117, 373, 374 & 350, Ag & Mkts L
 
Relates to the treatment and disposition of lost, stray or homeless animals.
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A05449 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5449--C
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 18, 2011
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, SWEENEY, TITONE, P. RIVERA, LOSQUADRO,
          FITZPATRICK -- Multi-Sponsored by -- M. of A.  GOTTFRIED,  SCHIMEL  --
          read  once  and  referred  to  the  Committee  on Agriculture -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the

          Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said  committee -- again reported from said committee
          with amendments, ordered reprinted as amended and recommitted to  said
          committee
 
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          treatment and disposition of lost, stray or homeless animals
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 113 of the agriculture and markets
     2  law,  as  amended  by  section  8 of part T of chapter 59 of the laws of
     3  2010, is amended to read as follows:
     4    4. Every dog control officer, peace officer, when acting  pursuant  to

     5  [his]  the officer's special duties or police officer, or such officer's
     6  agent, following any seizure of a dog, or any duly incorporated  society
     7  for the prevention of cruelty to animals, duly incorporated humane soci-
     8  ety, pound or shelter that is operated by or under contract to a munici-
     9  pality and is taking possession of such dog, whichever has possession of
    10  the dog during the applicable period, shall [promptly make]:
    11    (a)  No  later than twenty-four hours following such seizure or taking
    12  possession, take steps to (1) check the dog for all  currently  possible
    13  forms of identification including, but not limited to, tags, microchips,
    14  tattoos  or licenses; and (2) make available to the public on the inter-

    15  net on a website maintained by or otherwise made available to such offi-
    16  cer, society, pound or shelter by the municipal or county government  in
    17  which  such  officer,  society,  pound  or  shelter is located, or by an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03308-22-2

        A. 5449--C                          2
 
     1  animal rescue organization pursuant  to  subdivision  three  of  section
     2  three  hundred  seventy-four of this chapter, a photograph, if practica-
     3  ble, and a general description of the dog to assist the owner or  owners

     4  in  finding  the  dog,  including  the breed or breeds, if known, though
     5  information about the dog may  be  withheld  if  deemed  appropriate  to
     6  facilitate  finding  the owner or owners or otherwise protect the safety
     7  of the dog.  Such officer, pound, shelter or society shall also  compare
     8  the  information known about the dog with records of dogs reported to be
     9  lost or stolen pursuant to section one hundred twelve  of  this  article
    10  within  twenty-four  hours after such records become available following
    11  seizure or taking possession of such dog.  The notice required  by  this
    12  paragraph  may  be  made  by means other than the internet if use of the
    13  internet is impracticable.
    14    (b) Within twenty-four hours after the owner or owners of a  dog  have

    15  been determined, notify the owner or owners of such dog personally or by
    16  certified  mail,  return  receipt  requested,  of the facts of the dog's
    17  impoundment  and  the  procedure  for  redemption.  If  notification  is
    18  personally  given,  such  dog  shall  be held for a period of seven days
    19  after the date of notice, during which period the dog may be redeemed by
    20  the owner or owners.  If such notification is made  by  mail,  such  dog
    21  shall be held for a period of nine days from the date of mailing, during
    22  which  period the dog may be redeemed by the owner or owners.  In either
    23  case, the owner or owners may  redeem  such  dog  upon  payment  of  the
    24  impoundment  fees  prescribed by subdivision four of section one hundred

    25  seventeen of this article and by producing proof that such dog has  been
    26  licensed.
    27    (c)  Make and maintain a complete record of any seizure and subsequent
    28  disposition of any dog.  Such record shall include, but not  be  limited
    29  to,  [a  description  of] any identification found on the dog, including
    30  tag, microchip, tattoo or license  numbers,  the  breed  or  breeds,  if
    31  known,  approximate  size  and weight, coloring and identifying marks on
    32  the dog, the date and  hour  of  seizure,  the  official  identification
    33  number  of  such  dog, if any, the location where seized, the reason for
    34  seizure, and the owner's name and address, if known.
    35    § 2. Subdivisions 3, 4 and 11 of section 117 of  the  agriculture  and

    36  markets  law,  subdivisions 3 and 11 as added by chapter 220 of the laws
    37  of 1978, such section as renumbered and  subdivision  4  as  amended  by
    38  section  12  of part T of chapter 59 of the laws of 2010, are amended to
    39  read as follows:
    40    3. [Each] For each dog seized in accordance  with  the  provisions  of
    41  this article, the dog control officer or peace officers, acting pursuant
    42  to  their  special  duties,  or police officer in the employ of or under
    43  contract to a municipality, or any duly  incorporated  society  for  the
    44  prevention  of  cruelty  to  animals,  duly incorporated humane society,
    45  pound or shelter that is operated by or under contract to a municipality
    46  and is taking possession of such dog, whichever has  possession  of  the

    47  dog, in addition to complying with the provisions of subdivision four of
    48  section one hundred thirteen of this article, shall [be]:
    49    (a)  promptly  inspect  each  dog  following  any seizure and promptly
    50  ensure dogs are provided with care and treatment to relieve any pain and
    51  suffering, including necessary immediate veterinary care  and  treatment
    52  and parasite control, and appropriate vaccinations, and
    53    (b)  properly  [sheltered]  shelter,  [fed]  feed and [watered for the
    54  redemption period as hereinafter provided] provide water  for  each  dog
    55  during  the  time  the dog is in the possession, care or control of such
    56  officer, society, pound or shelter.

        A. 5449--C                          3
 
     1    4. [Each] Subject to subdivision three of section three hundred seven-
     2  ty-four of this chapter, each dog which is not  identified,  whether  or
     3  not  licensed, shall be held at least for a period of five days from the
     4  day [seized] when the steps required by subdivision four of section  one
     5  hundred  thirteen  of this article, have been taken, during which period
     6  the officer, society, pound or shelter shall comply with the  provisions
     7  of  subdivision  three  of  this  section, and in the event the owner or
     8  owners is identified, the holding period shall be extended  pursuant  to
     9  paragraph  (b)  of  subdivision  four of section one hundred thirteen of

    10  this article. The dog may be redeemed by its owner, provided  that  such
    11  owner produces proof that the dog has been licensed and has been identi-
    12  fied  pursuant  to  the  provisions of this article and further provided
    13  that the owner pays the following impoundment fees:
    14    (a) not less than ten dollars for the first  impoundment  of  any  dog
    15  owned by that person;
    16    (b)  not  less  than twenty dollars for the first twenty-four hours or
    17  part thereof and three dollars for each additional twenty-four hours  or
    18  part  thereof  for  the second impoundment, within one year of the first
    19  impoundment, of any dog owned by that person; or
    20    (c) not less than thirty dollars for the first  twenty-four  hours  or
    21  part  thereof and three dollars for each additional twenty-four hours or
    22  part thereof for the third and subsequent impoundments, within one  year

    23  of the first impoundment, of any dog owned by that person.
    24    The  impoundment fees set forth in paragraphs (a), (b) and (c) of this
    25  subdivision notwithstanding, any municipality may set by  local  law  or
    26  ordinance such fees in any amount.
    27    11.  No liability in damages or otherwise shall be incurred on account
    28  of the seizure, euthanization or adoption of any  dog  pursuant  to  the
    29  provisions  of this article, or on account of the transfer of any dog to
    30  a rescue organization pursuant to this article and section three hundred
    31  seventy-four of this chapter.
    32    § 3. Section 373 of the agriculture and  markets  law  is  amended  by
    33  adding a new subdivision 1-b to read as follows:
    34    1-b.  Any officer, agent or society as described in subdivision one of

    35  this section or pound or shelter operated by  or  under  contract  to  a
    36  municipality  that  is  taking  possession  of a lost, stray or homeless
    37  animal under the provisions of this section, whichever has possession of
    38  the animal during the applicable period, shall:
    39    a. No later than twenty-four  hours  after  taking  possession  of  an
    40  animal take steps to:
    41    (1)  Check  the animal for all currently possible forms of identifica-
    42  tion including,  but  not  limited  to,  tags,  microchips,  tattoos  or
    43  licenses; and
    44    (2)  Make  available  to the public on the internet on a website main-
    45  tained by or otherwise made available to such officer, society, pound or

    46  shelter by the municipality or county in which  such  officer,  society,
    47  pound or shelter, is located, or by an animal rescue organization pursu-
    48  ant  to  subdivision three of section three hundred seventy-four of this
    49  article, a photograph, if practicable, and a general description of  the
    50  animal  to  assist  the owner or owners in finding the animal, including
    51  the species, type, and breed or breeds,  if  known,  though  information
    52  about  the  animal  may  be withheld if deemed appropriate to facilitate
    53  finding the owner or owners or otherwise to protect the  safety  of  the
    54  animal.    The officer, society, pound or shelter shall also compare the
    55  information known about the animal with records of animals  reported  to

    56  be  lost  or stolen pursuant to section one hundred twelve of this chap-

        A. 5449--C                          4
 
     1  ter, within  twenty-four  hours  after  such  records  become  available
     2  following  seizure  or  taking  possession  of such animal.   The notice
     3  required by this subparagraph may be made by means other than the inter-
     4  net if use of the internet is impracticable.
     5    b.  Promptly  inspect  each  such  animal  after taking possession and
     6  promptly provide the animal with care and treatment to relieve any  pain
     7  and  suffering, including necessary immediate veterinary care and treat-
     8  ment and parasite control, and appropriate vaccinations;
     9    c. Properly shelter, feed, and provide water to the animal during  the

    10  time  the  animal is in the possession, care or control of such officer,
    11  society, pound or shelter;
    12    d. Within twenty-four hours after the owner or owners of an animal has
    13  been determined, notify the owner or owners of such animal personally or
    14  by certified mail,  return  receipt  requested,  of  the  facts  of  the
    15  animal's  impoundment  and the procedure for redemption. If notification
    16  is personally given, such animal shall be held for  a  period  of  seven
    17  days  after  the  date  of notice, during which period the animal may be
    18  redeemed by the owner or owners.  If such notification is made by  mail,
    19  such  animal  shall  be  held for a period of nine days from the date of
    20  mailing, during which period the animal may be redeemed by the owner  or

    21  owners.  In either case, the owner or owners may redeem such animal upon
    22  payment  of  the  impoundment  fees  prescribed  by  subdivision four of
    23  section one hundred seventeen of this chapter; and
    24    e. Make and maintain a complete record of the  intake  and  subsequent
    25  disposition of such animal. Such record shall include, but not be limit-
    26  ed to, any identification found on the animal, including tag, microchip,
    27  tattoo  or  license  numbers,  the  species, type or breed or breeds, if
    28  known, approximate size and weight, coloring and  identifying  marks  on
    29  the  animal,  the  date  and hour of intake, the official identification
    30  number of such animal, the location where found, the reason for  intake,
    31  and the owner's name and address, if known.

    32    f.  Except  as otherwise provided by law, where the owner or owners of
    33  an animal has not been identified, hold  such  animal,  whether  or  not
    34  licensed,  and  in accordance with and subject to subdivisions eight and
    35  nine of section one hundred seventeen and  subdivision  two  of  section
    36  three  hundred  seventy-four  of this chapter, at least for a redemption
    37  period of five days beginning when the steps required by paragraph a  of
    38  this  subdivision,  have  been  taken,  during which period the officer,
    39  society, pound or shelter, whichever has possession of the animal during
    40  the applicable period, shall comply with paragraphs a through e of  this
    41  subdivision. In the event the owner or owners is identified, the holding

    42  period  shall  be  extended pursuant to paragraph d of this subdivision.
    43  The animal may be redeemed by its owner or owners, upon payment  of  the
    44  impoundment  fees  prescribed by subdivision four of section one hundred
    45  seventeen of this chapter.  Notwithstanding the foregoing,  animals  may
    46  be  placed  sooner  than five days with an animal rescue organization as
    47  provided in subdivision three of section three hundred  seventy-four  of
    48  this  article, subject to redemption by the owner or owners as described
    49  in this paragraph.
    50    § 4. Subdivisions 2, 3, 4, 5, 6, 7 and 8 of section 374 of  the  agri-
    51  culture  and  markets  law, as added by chapter 545 of the laws of 1971,
    52  subdivision 2 as amended by chapter 449 of the laws  of  2010,  subdivi-

    53  sions  3  and  4  as  added, paragraph e of subdivision 8 as amended and
    54  subdivisions 7 and 8 as renumbered by chapter 479 of the laws  of  2009,
    55  subdivisions  5  and  6  as  amended  by chapter 83 of the laws of 2011,
    56  subdivision 8 as added by chapter 569 of the laws of 1995,  paragraph  a

        A. 5449--C                          5
 
     1  of subdivision 8 as amended by chapter 594 of the laws of 2003 and para-
     2  graph  b of subdivision 8 as amended by chapter 419 of the laws of 2010,
     3  are amended to read as follows:
     4    2.  In  the absence of such findings or certification, a duly incorpo-
     5  rated humane society, a duly incorporated society for the prevention  of
     6  cruelty  to animals, animal shelter, or any pound maintained by or under
     7  contract or agreement with any county, city, town or  village  [may]  is

     8  authorized  after  five  days,  subject  to  and  in accordance with the
     9  provisions of this section and paragraph  (b)  of  subdivision  four  of
    10  section one hundred thirteen, and subdivisions four, six, eight and nine
    11  of section one hundred seventeen of this chapter, and paragraphs d and e
    12  of  subdivision  one-b  of  section  three hundred seventy-three of this
    13  article, to make available for adoption, place with an organization on a
    14  list of organizations that is maintained pursuant to  subdivision  three
    15  of  this  section  or  have  humanely  destroyed [in accordance with the
    16  provisions of this section and subject to subdivisions  six,  eight  and
    17  nine  of  section  one  hundred eighteen of this chapter,] any animal of

    18  which possession is taken as provided  for  in  the  preceding  section,
    19  unless the same is earlier redeemed by its owner.
    20    3.  a.  Any  impounding organization, as defined in subdivision six of
    21  section three hundred fifty of this article, shall maintain  a  list  of
    22  animal rescue organizations willing to accept animals for the purpose of
    23  adoption,  including  breed-specific  rescues, or to provide the animals
    24  with appropriate long-term placement and care.
    25    b. The list shall include the following information  about  each  such
    26  organization:
    27    (1)  Name,  address,  phone  number  or  numbers  and email address or
    28  addresses; and name or names and contact  information  for  the  primary

    29  person to be contacted pursuant to the requirements of this subdivision,
    30  and  for  one  additional  person  to serve as a secondary person in the
    31  event the primary person is unavailable;
    32    (2) Species, types and breeds of animals the organization  is  willing
    33  to accept;
    34    (3)  Any resources available to the organization including veterinary,
    35  rehabilitative or other care; care for special-needs  animals,  training
    36  or  behavior  modification programs, including the names and credentials
    37  of trainers or behaviorists; or appropriate sanctuary or other long-term
    38  placement and care;
    39    (4) Record of the organization's designation under  section  501(c)(3)
    40  of the internal revenue code.

    41    c.  Animal  rescue  organizations  that  are  designated under section
    42  501(c)(3) of the internal revenue code must be maintained  on  the  list
    43  upon  providing  current information as set forth in paragraph b of this
    44  subdivision and subject to approval by the  impounding  organization  as
    45  set  forth  in  this  subdivision. It shall be the responsibility of the
    46  animal rescue organization to provide the impounding organizations  with
    47  current information required by paragraph b of this subdivision.
    48    d.  The  impounding organization shall make the current list of animal
    49  rescue organizations available to all staff and the public on the inter-
    50  net on a website maintained by  or  otherwise  made  available  to  such

    51  impounding  organization  by the municipal or county government in which
    52  such impounding organization is located, or animal  rescue  organization
    53  approved pursuant to this subdivision. The notice required by this para-
    54  graph  may be made by means other than the internet if use of the inter-
    55  net is impracticable.

        A. 5449--C                          6
 
     1    e. Except as set forth in paragraphs n, o and p of  this  subdivision,
     2  an  animal  rescue  organization must be included on the list as long as
     3  the organization can demonstrate the following:  (1) has  the  resources
     4  to provide and will provide the animals requested to be transferred with
     5  clean, sanitary and adequate shelter, food, and water, appropriate exer-

     6  cise,  necessary  veterinary  care and treatment, including vaccinations
     7  and parasite control, and a safe environment; (2) maintains  a  protocol
     8  for  containing  and  managing contagious illness and disease; (3) main-
     9  tains an active adoption or placement program or facilities  appropriate
    10  for  long-term placement; (4) manages animals to minimize risk of injury
    11  to the animals and the  public;  (5)  manages  its  operations  so  that
    12  animals are not at risk for abuse or neglect or for use in animal fight-
    13  ing  or research, experimentation or testing; (6) has not knowingly made
    14  any material misrepresentations or  material  false  statements  to  the
    15  impounding  organization  that  relate  to the requirements set forth in

    16  this section for inclusion on the list; and  (7)  avoids  behavior  that
    17  disrupts  or  interferes with the impounding organization's lawful oper-
    18  ations.
    19    f. The impounding organization shall have the authority to inspect, at
    20  a reasonable  time,  the  facilities,  animal  maintenance  records  and
    21  animals of the animal rescue organization, including requesting to visit
    22  foster homes, to determine whether the animal rescue organization should
    23  be  approved for inclusion on the list.  To determine whether the animal
    24  rescue organization should be maintained on  the  list,  the  impounding
    25  organization shall have the authority to make such an inspection annual-
    26  ly and also when the impounding organization has a reasonable belief the

    27  animal  rescue  organization  does  not  meet  the  requirements of this
    28  section for inclusion on the list.  The animal rescue organization shall
    29  cooperate in  providing  information  the  impounding  organization  may
    30  reasonably  require to make the determination described in this subdivi-
    31  sion. The first such inspection to qualify the animal  rescue  organiza-
    32  tion  for the list initially must be completed within forty-five days of
    33  the date the animal rescue organization submits a request for  inclusion
    34  on  the  list and information as described in paragraphs b and c of this
    35  subdivision.
    36    g. The approval of the impounding organization shall not be  unreason-
    37  ably  withheld.  The  impounding  organization  shall  state in writing,

    38  signed by the managing director or officer, or the  appointed  agent  of
    39  the  managing  director  or  officer,  the  reasons why an animal rescue
    40  organization does not meet the criteria set forth in paragraph f of this
    41  subdivision and is not approved or is  not  approved  for  some  or  all
    42  animals,  or  has been removed from the list. The reasons, including any
    43  acts or omissions, or materially false statements that have resulted  in
    44  disapproval, must be described with sufficient specificity to inform the
    45  animal rescue organization of the particular criteria that have not been
    46  met,  the  specific  acts  or  omissions,  or false statements that have
    47  resulted in disapproval, and  the  actions  required  for  approval,  if

    48  possible.    Within  ten  business days, a copy of such written document
    49  shall be provided to the animal rescue organization  that  will  not  be
    50  included or that has been removed from the list.
    51    h. The animal rescue organization that is not approved or removed from
    52  the  list pursuant to paragraphs e, f and g of this subdivision, may, at
    53  any time, demonstrate that the reasons stated for denying approval  have
    54  been remedied and request approval for placement on the list as provided
    55  in  this  subdivision.  The  impounding  organization shall cooperate by
    56  providing a reinspection, if necessary, within forty-five days  after  a

        A. 5449--C                          7
 

     1  request for reconsideration by the animal rescue organization, to deter-
     2  mine  if  the  animal  rescue  organization  is  approved. A decision to
     3  continue to deny approval to such animal rescue organization must be  in
     4  writing consistent with the requirements of paragraph g of this subdivi-
     5  sion  and  a  copy  of  same provided to the organization. An impounding
     6  organization shall not be required to consider an animal  rescue  organ-
     7  ization for placement on the list more than twice annually.
     8    i.   Subject to paragraphs f, g, h, n, o and p of this subdivision, an
     9  impounding organization must include an animal  rescue  organization  on
    10  the  list if the animal rescue organization has been previously approved

    11  for inclusion on the list of another impounding organization in New York
    12  state.
    13    j. No animal shall be euthanized as described in  subdivision  two  of
    14  this  section  unless  the  impounding organization certifies in writing
    15  signed by the impounding organization's managing director or officer, or
    16  the appointed agent of the managing director or officer, that:  (1)  The
    17  impounding  organization  has contacted each of the animal rescue organ-
    18  izations approved for the species, type or breed of animal; and (2) That
    19  none of the animal rescue organizations contacted were willing and  able
    20  to  accept  transfer  of the animal, or if an animal rescue organization
    21  contacted did not respond or failed to pick up or accept transfer of  an

    22  animal  after agreeing to do so, that the animal rescue organization was
    23  contacted at the methods of contact provided in  the  list  pursuant  to
    24  subparagraph  one  of paragraph b of this subdivision, and at the end of
    25  the redemption period or after two days following the last contact,  not
    26  including the day of contact, whichever is longer, there was no response
    27  or  no  confirmation that the animal rescue organization was willing and
    28  able to accept transfer of the animal, or the animal rescue organization
    29  failed to pick up or accept transfer of  the  animal.  A  copy  of  such
    30  certification  shall  be  maintained  for two years and available to the
    31  public upon request.  This  paragraph  shall  not  apply  to  euthanasia

    32  performed  pursuant  to  subdivisions  one  and five of this section. An
    33  impounding organization is not required  to  contact  an  animal  rescue
    34  organization  on  the list about taking animals that are a species, type
    35  or breed that the animal rescue organization did not previously indicate
    36  pursuant to subparagraph two of paragraph b  of  this  subdivision  that
    37  they  would accept, or are animals for which the impounding organization
    38  did not approve the animal rescue organization.
    39    k. The impounding organization may charge a  reasonable  adoption  fee
    40  for each animal transferred to an animal rescue organization on the list
    41  and  which  does  not  exceed  the adoption fee that would be charged to
    42  adopters.

    43    l. An animal that has been determined  by  a  court  having  competent
    44  jurisdiction  to  be dangerous pursuant to the provisions of section one
    45  hundred twenty-three of this chapter, shall be eligible only for  trans-
    46  fer  to  an animal rescue organization that can meet the requirements as
    47  ordered by a court under section one hundred twenty-three of this  chap-
    48  ter for the care and handling of such animal.
    49    m.  The  provisions  of this subdivision shall not apply to any animal
    50  that an impounding organization has accepted  from  the  owner  who  has
    51  stated  in  writing  that based on the owner's reasonable determination,
    52  humane euthanasia is in the best interest of the animal.    The  written

    53  statement shall be signed by the owner and dated the day of surrender to
    54  the  impounding  organization, and delivered to the impounding organiza-
    55  tion which shall maintain the written statement for two years.

        A. 5449--C                          8
 
     1    n. Impounding organizations may but are not required to include on the
     2  list animal rescue organizations located outside of  the  state  of  New
     3  York  and which is either more than seventy-five miles from the impound-
     4  ing organization, or outside of the impounding organization's county and
     5  adjoining counties, whichever is the greater distance.
     6    o.  Notwithstanding  the  requirements of this subdivision, impounding

     7  organizations that impounded, seized, or otherwise took  in  fewer  than
     8  two animals per week on average in the preceding calendar year shall not
     9  be  required  to  maintain more than four animal rescue organizations on
    10  the list at any time.
    11    p. An animal rescue organization shall be excluded from  the  list  if
    12  any  of  the  organization's  current  directors, managers, employees or
    13  regular volunteers have ever been convicted of or pleaded guilty  to  or
    14  is  currently  charged  with  any  felony;  or  any felony, misdemeanor,
    15  offense, infraction, or violation for failure to  comply  with  sections
    16  three  hundred  fifty,  three  hundred  seventy-three  and three hundred
    17  seventy-four of this article or similar animal fighting, animal  cruelty

    18  or  neglect  or anti-hoarding laws in any federal, state or local juris-
    19  diction; in the previous ten years, has had animals in his or  her  care
    20  or  custody seized or confiscated for suspected violations of such laws;
    21  or has at any time been the subject of a restraining order,  injunction,
    22  cease  and  desist,  stop  movement order, license denial, revocation or
    23  suspension, a seizure or confiscation of animals or  other  disciplinary
    24  action  for violation of the animal welfare act, 7 U.S.C.  sections 2131
    25  et seq. or regulations issued thereunder, or similar  animal  protection
    26  laws in any federal, state or local jurisdiction. The rescuing organiza-
    27  tion  or  individual shall cooperate in providing information about such

    28  violations including, upon request of the  impounding  organization,  by
    29  having  any  of its directors, managers, employees or regular volunteers
    30  certify in writing under penalty of perjury  that  they  have  not  been
    31  convicted, cited or the subject of an order or other action as described
    32  in this paragraph.
    33    4.  a.  Except as provided in subdivision [four] five of this section,
    34  euthanasia of animals pursuant to this  section  shall  be  accomplished
    35  solely by means of injection of sodium pentobarbital or sodium pentobar-
    36  bital  solution  administered  by  a  certified euthanasia technician, a
    37  licensed veterinarian or a licensed veterinary technician.    Euthanasia
    38  by  intracardiac injection of sodium pentobarbital or sodium pentobarbi-

    39  tal solution shall be performed  only  upon  animals  that  are  heavily
    40  sedated, anesthetized, or comatose. However, only a licensed veterinari-
    41  an  may perform euthanasia by intracardiac injection of sodium pentobar-
    42  bital or sodium pentobarbital solution upon animals that are not heavily
    43  sedated, anesthetized or comatose and only when such licensed  veterina-
    44  rian  determines  that  such  intracardiac  injection is the most humane
    45  option available. Whenever a cardiac injection of  sodium  pentobarbital
    46  or sodium pentobarbital solution is administered by a licensed veterina-
    47  rian  upon  an animal that is not heavily sedated, anesthetized or coma-
    48  tose, such veterinarian must document, in writing, the administration of
    49  such injection and the reason for its administration. Such documentation
    50  shall be retained for at least three years. Under no circumstances shall

    51  intracardiac injection be performed on  animals  that  are  not  heavily
    52  sedated,  anesthetized or comatose where such animals are under the care
    53  of any duly incorporated  society  for  the  prevention  of  cruelty  to
    54  animals, animal shelter, humane society or pound.
    55    b. No animal shall be left unattended between the time that the eutha-
    56  nasia procedure begins and the time when death is confirmed. The body of

        A. 5449--C                          9
 
     1  a  euthanized  animal shall not be disposed of in any manner until death
     2  is confirmed by a licensed veterinarian, a certified euthanasia  techni-
     3  cian  or  a licensed veterinary technician. Violations of this paragraph
     4  shall  be  punishable  by  a civil penalty of not more than five hundred
     5  dollars.
     6    The department of health shall promulgate regulations deemed necessary

     7  for implementation of the  provisions  of  this  subdivision,  including
     8  regulations governing the training and certification of certified eutha-
     9  nasia technicians.
    10    [4.]  5.  a.  Any method of euthanasia other than that provided for in
    11  subdivision [three] four of  this  section  is  prohibited  except  that
    12  euthanasia  of an animal by gunshot is permissible as an emergency meas-
    13  ure for an animal that is posing an imminent threat of serious  physical
    14  injury  to  a  person  or  to  another animal as provided in section one
    15  hundred [twenty-one-a] twenty-three-a of this chapter and where the  use
    16  of  a humane method of euthanasia prescribed in this section is rendered
    17  impossible or where a severely injured animal is  suffering  and  cannot
    18  otherwise be aided.

    19    b.  Within  ninety days of the effective date of this subdivision, any
    20  chamber used to induce hypoxia by means of a lethal gas shall be disman-
    21  tled, rendered inoperable and beyond repair, and removed from the  prem-
    22  ises. Violations of this paragraph shall be punishable by a civil penal-
    23  ty of not more than five hundred dollars.
    24    [5.]  6.  No  person  shall  release  any [dog or cat] animal from the
    25  custody or control of any pound, shelter, duly incorporated society  for
    26  the  prevention of cruelty to animals, duly incorporated humane society,
    27  [dog] duly incorporated animal protective  association,  dog  or  animal
    28  control  officer,  peace  officer  or any agent thereof, for any purpose
    29  except adoption or redemption by its owner,  placement  with  an  animal

    30  rescue  organization  on a list maintained pursuant to subdivision three
    31  of this section, or placement for the  purpose  of  providing  temporary
    32  shelter   pending   resolution  of  litigation  involving  such  animal;
    33  provided, however, that after  the  time  for  redemption  has  expired,
    34  release  may  be  made to another such [pound, duly incorporated society
    35  for the prevention of cruelty to animals, duly incorporated humane soci-
    36  ety or  duly  incorporated  animal  protective  association]  impounding
    37  organization  for the sole purpose of placing such animal in an adoptive
    38  home when such action is reasonably believed to improve the  opportunity
    39  for  adoption. Notwithstanding the penalties set forth in paragraph b of

    40  subdivision [three] four of this section and paragraph b of  subdivision
    41  [four] five of this section, any violation of this subdivision, subdivi-
    42  sion  two,  [three or] four, or five of this section, shall constitute a
    43  misdemeanor and shall be punishable by imprisonment for  not  more  than
    44  one  year,  or  by  a  fine of not more than one thousand dollars, or by
    45  both.
    46    [6.   In lieu of such destruction,  redemption  or  other  disposition
    47  pursuant  to  this  section,  such pound, shelter, or society may in its
    48  discretion lawfully  and  without  liability  deliver  such  animal  for
    49  adoption  to  an  individual  other  than  the  owner after the time for
    50  redemption has expired.]

    51    7.  An impounding organization shall have no liability as a result  of
    52  the  adoption  of an animal to an individual other than the owner or for
    53  placement of an animal with an animal rescue organization as provided by
    54  this section.
    55    8. Prior to such destruction or other disposition, the  owner  of  the
    56  animal  may  redeem  the  same upon proving title to the satisfaction of

        A. 5449--C                         10
 
     1  such society and paying such society such amount, approved by  a  magis-
     2  trate,  as  may  have  been  reasonably  expended  by  such  society  in
     3  connection with the care and maintenance thereof.
     4    [8.]  9.  a.  In  addition  to any other penalty provided by law, upon
     5  conviction for any violation of section three hundred  fifty-one,  three

     6  hundred  fifty-three,  three hundred fifty-three-a, three hundred fifty-
     7  three-b,  three  hundred  fifty-five,  three  hundred  fifty-six,  three
     8  hundred  fifty-nine, three hundred sixty, three hundred sixty-one, three
     9  hundred sixty-five or three hundred sixty-eight  of  this  article,  the
    10  convicted  person may, after a duly held hearing pursuant to paragraph f
    11  of this subdivision, be ordered by the  court  to  forfeit,  to  a  duly
    12  incorporated  society for the prevention of cruelty to animals or a duly
    13  incorporated humane society or authorized agents thereof, the animal  or
    14  animals  which  are  the  basis of the conviction. Upon such an order of
    15  forfeiture, the convicted person shall be deemed  to  have  relinquished
    16  all  rights to the animals which are the basis of the conviction, except
    17  those granted in paragraph d of this subdivision.

    18    b. Pursuant to the provisions of subdivisions two, three, four  [and],
    19  five, and six of this section, no animal in the custody of a duly incor-
    20  porated  society for the prevention of cruelty to animals, a duly incor-
    21  porated humane society, duly incorporated animal protective association,
    22  animal shelter or pound or its authorized agents thereof, or  an  animal
    23  rescue  organization on a list as described in subdivision three of this
    24  section, or their authorized  agents,  shall  be  sold,  transferred  or
    25  otherwise  made  available  to  any  person for the purpose of research,
    26  experimentation or testing. No authorized agent of a  duly  incorporated
    27  society for the prevention of cruelty to animals, nor of a duly incorpo-
    28  rated  humane  society,  duly incorporated animal protective association

    29  [or], animal shelter, pound, or animal rescue organization on a list  as
    30  described  in  subdivision  three  of this section, shall use any animal
    31  placed  in  its  custody  by  the  duly  incorporated  society  for  the
    32  prevention  of  cruelty  to animals or duly incorporated humane society,
    33  duly incorporated animal protective association, animal shelter,  pound,
    34  or  animal  rescue  organization  on  a list as described in subdivision
    35  three of this section, or their agents, for  the  purpose  of  research,
    36  experimentation or testing.
    37    c.  The  court may additionally order that the convicted person or any
    38  person dwelling in the same household who conspired, aided or abetted in
    39  the unlawful act which was the basis of the conviction, or who  knew  or

    40  should  have  known  of the unlawful act, shall not own, harbor, or have
    41  custody or control of any other animals, other than farm animals, for  a
    42  period of time which the court deems reasonable.
    43    d.  In  the  case  of  farm animals, the court may, in addition to the
    44  forfeiture to a duly incorporated society for the prevention of  cruelty
    45  to  animals  or  a duly incorporated humane society or authorized agents
    46  thereof, and subject to  the  restrictions  of  sections  three  hundred
    47  fifty-four and three hundred fifty-seven of this article, order the farm
    48  animals  which  were  the basis of the conviction to be sold. In no case
    49  shall farm animals which are the basis of the conviction be redeemed  by
    50  the convicted person who is the subject of the order of forfeiture or by
    51  any  person dwelling in the same household who conspired, aided or abet-

    52  ted in the unlawful act which was the basis of the  conviction,  or  who
    53  knew or should have known of the unlawful act. The court shall reimburse
    54  the  convicted person and any duly determined interested persons, pursu-
    55  ant to paragraph f of this subdivision, any money earned by the sale  of
    56  the  farm  animals less any costs including, but not limited to, veteri-

        A. 5449--C                         11
 
     1  nary and custodial care, and any  fines  or  penalties  imposed  by  the
     2  court.  The  court  may  order that the subject animals be provided with
     3  appropriate care and treatment pending the hearing and  the  disposition
     4  of  the charges. Any farm animal ordered forfeited but not sold shall be
     5  remanded to the custody and charge of a duly  incorporated  society  for
     6  the prevention of cruelty to animals or duly incorporated humane society

     7  or  its authorized agent thereof and disposed of pursuant to paragraph e
     8  of this subdivision.
     9    e. A duly incorporated  society  for  the  prevention  of  cruelty  to
    10  animals  or  a  duly  incorporated  humane  society in charge of animals
    11  forfeited pursuant to paragraph  a  of  this  subdivision  may,  in  its
    12  discretion,  lawfully  and  without liability, adopt them to individuals
    13  other than the convicted person or person dwelling in the same household
    14  who conspired, aided or abetted in the unlawful act which was the  basis
    15  of the conviction, or who knew or should have known of the unlawful act,
    16  place  them with an animal rescue organization on a list as described in
    17  subdivision three of this section, or if no such animal rescue organiza-
    18  tion is willing or able to  accept  the  animals  and  the  society  has

    19  complied  with  the  requirements of paragraph i of subdivision three of
    20  this section, humanely dispose of them according to  the  provisions  of
    21  subdivisions two, [three,] four [and], five and six of this section.
    22    f.  (1)  Prior  to  an  order of forfeiture of farm animals, a hearing
    23  shall be held within thirty days of conviction, to determine the pecuni-
    24  ary interests of any other person in the farm  animals  which  were  the
    25  basis  of  the  conviction. Written notice shall be served at least five
    26  days prior to the hearing upon  all  interested  persons.  In  addition,
    27  notice  shall be made by publication in a local newspaper at least seven
    28  days prior to the hearing. For the purposes of this subdivision,  inter-
    29  ested  persons shall mean any individual, partnership, firm, joint stock

    30  company, corporation, association, trust, estate, or other legal  entity
    31  who  the  court  determines  may  have  a pecuniary interest in the farm
    32  animals which are the subject of the forfeiture action.
    33    (2) All interested persons shall be provided  an  opportunity  at  the
    34  hearing  to  redeem  their  interest  as  determined by the court in the
    35  subject farm animals and to  purchase  the  interest  of  the  convicted
    36  person.  The  convicted  person  shall  be entitled to be reimbursed his
    37  interest in the farm animals, less any costs, fines or penalties imposed
    38  by the court, as specified under paragraph d of this subdivision. In  no
    39  case  shall  the  court  award  custody or control of the animals to any
    40  interested person who conspired, aided or abetted in  the  unlawful  act
    41  which  was the basis of the conviction, or who knew or should have known
    42  of the unlawful act.

    43    g. Nothing in this section shall be construed to limit or restrict  in
    44  any  way the rights of a secured party having a security interest in any
    45  farm animal described in this section. This section expressly  does  not
    46  impair or subordinate the rights of such a secured lender having a secu-
    47  rity  interest  in farm animals or in the proceeds from the sale of such
    48  farm animals.
    49    § 5. Section 350 of the agriculture and  markets  law  is  amended  by
    50  adding a new subdivision 6 to read as follows:
    51    6. "Impounding organization" means any duly incorporated humane socie-
    52  ty,  duly incorporated society for the prevention of cruelty to animals,
    53  duly incorporated animal protective association, animal shelter or pound
    54  maintained by or under contract or agreement with any county, city, town

    55  or village, that takes possession of abandoned, not properly cared  for,

        A. 5449--C                         12
 
     1  lost,  stray  or homeless animals, or animals that have been surrendered
     2  by the owner or owners.
     3    § 6. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.
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