|SAME AS||No same as|
|COSPNSR||Sweeney, Titone, Rivera P, Losquadro, Fitzpatrick|
|MLTSPNSR||Gottfried, 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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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. LBD03308-22-2A. 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 the54 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 aA. 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 the16 provisions of this section and subject to subdivisions six, eight and17 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 aA. 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 ofA. 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 society35 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 disposition47 pursuant to this section, such pound, shelter, or society may in its48 discretion lawfully and without liability deliver such animal for49 adoption to an individual other than the owner after the time for50 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 ofA. 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.