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A06373 Summary:

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A06373 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6373--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2011
                                       ___________
 
        Introduced  by  M.  of A. CAHILL, ROSENTHAL -- read once and referred to
          the Committee on Agriculture -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          release of animals from a pound or shelter
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  7-a  of  section  117 of the agriculture and
     2  markets law, as amended by chapter 419 of the  laws  of  2010  and  such
     3  section  as renumbered by section 12 of part T of chapter 59 of the laws
     4  of 2010, is amended to read as follows:
     5    7-a. Any animal in the custody of a pound or  shelter  shall  be  made
     6  available  for adoption or euthanized subject to subdivisions six, eight
     7  and nine of this section and subject to the provisions of section  three
     8  hundred  seventy-four  of this chapter after the time for redemption has
     9  expired; provided, however, that such release may  be  made  to  another
    10  such  pound,  duly incorporated society for the prevention of cruelty to

    11  animals, duly incorporated humane society or  duly  incorporated  animal
    12  protective association for the sole purpose of placing such animal in an
    13  adoptive  home,  when  such action is reasonably believed to improve the
    14  opportunity for adoption.
    15    § 2. Subdivisions 5 and 6  of  section  374  of  the  agriculture  and
    16  markets  law,  subdivision 5 as added and subdivision 6 as renumbered by
    17  chapter 479 of the laws of 2009 and subdivision 6 as amended by  chapter
    18  674 of the laws of 1980, are amended to read as follows:
    19    5.  No person shall release any dog or cat from the custody or control
    20  of any pound, shelter, society for the prevention of cruelty to animals,
    21  humane society, dog protective association, dog control  officer,  peace
    22  officer or any agent thereof, for any purpose except adoption or redemp-

    23  tion by its owner, provided, however, that after the time for redemption
    24  has  expired,  release  may be made to another such pound, duly incorpo-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09872-02-1
        A. 6373--A                          2
 
     1  rated society for the prevention of cruelty to  animals,  duly  incorpo-
     2  rated  humane society or duly incorporated animal protective association
     3  for the sole purpose of placing such animal in  an  adoptive  home  when
     4  such  action  is  reasonably  believed  to  improve  the opportunity for

     5  adoption. Notwithstanding the penalties set  forth  in  paragraph  b  of
     6  subdivision three of this section and paragraph b of subdivision four of
     7  this  section, any violation of this subdivision, subdivision two, three
     8  or four of this section, shall constitute a  misdemeanor  and  shall  be
     9  punishable  by  imprisonment for not more than one year, or by a fine of
    10  not more than one thousand dollars, or by both.
    11    6. In lieu of such destruction [or], redemption or  other  disposition
    12  pursuant  to  this  section,  such pound, shelter, or society may in its
    13  discretion lawfully  and  without  liability  deliver  such  animal  for
    14  adoption  to  an  individual  other  than  the  owner after the time for
    15  redemption has expired.
    16    § 3. This act shall take effect immediately.