A5449B-2011 Actions

• Jun 1, 2012: enacting clause stricken
• Apr 16, 2012: print number 5449c
• Apr 16, 2012: amend and recommit to codes
• Mar 14, 2012: print number 5449b
• Mar 14, 2012: amend and recommit to codes
• Feb 15, 2012: reported referred to codes
• Jan 4, 2012: referred to agriculture
• Nov 16, 2011: print number 5449a
• Nov 16, 2011: amend (t) and recommit to agriculture
• Feb 18, 2011: referred to agriculture

A5449B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5449--B

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 18, 2011
                                 ___________

  Introduced  by  M.  of  A.  PAULIN, SWEENEY, TITONE, ORTIZ, P. RIVERA --
    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  recommit-
    ted  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

  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:


    Section 1. Subdivision 4 of section 113 of the agriculture and markets
  law, as amended by section 8 of part T of chapter  59  of  the  laws  of
  2010, is amended to read as follows:

    4.  Every  dog control officer, peace officer, when acting pursuant to
  [his] THE OFFICER'S special duties or police officer, OR SUCH  OFFICER'S
  AGENT,  FOLLOWING ANY SEIZURE OF A DOG, OR ANY DULY INCORPORATED SOCIETY
  FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
  ETY, POUND OR SHELTER TAKING  POSSESSION  OF  SUCH  DOG,  WHICHEVER  HAS
  POSSESSION  OF  THE  DOG  DURING  THE APPLICABLE PERIOD, shall [promptly
  make]:

    (A) NO LATER THAN TWENTY-FOUR HOURS FOLLOWING SUCH SEIZURE  OR  TAKING
  POSSESSION,  TAKE  STEPS TO (1) CHECK THE DOG FOR ALL CURRENTLY POSSIBLE
  FORMS OF IDENTIFICATION INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS,
  TATTOOS OR LICENSES; (2) COMPARE THE INFORMATION  KNOWN  ABOUT  THE  DOG
  WITH  RECORDS  OF DOGS REPORTED TO BE LOST OR STOLEN PURSUANT TO SECTION
  ONE HUNDRED TWELVE OF THIS ARTICLE; (3) MAKE AVAILABLE TO THE PUBLIC  ON
  THE  INTERNET  ON A WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO
  SUCH OFFICER, DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO
  ANIMALS, DULY INCORPORATED HUMANE  SOCIETY,  POUND  OR  SHELTER  BY  THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03308-19-2

 A. 5449--B                          2

  MUNICIPAL  OR COUNTY GOVERNMENT IN WHICH SUCH OFFICER OR ORGANIZATION IS
  LOCATED, OR ORGANIZATION PURSUANT TO SUBDIVISION THREE OF SECTION  THREE
  HUNDRED  SEVENTY-FOUR OF THIS CHAPTER, A PHOTOGRAPH, IF PRACTICABLE, AND
  A  GENERAL DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN FIND-
  ING THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN, THOUGH INFORMATION
  ABOUT THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE  FIND-
  ING  THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG. THE
  NOTICE REQUIRED BY THIS PARAGRAPH MAY BE MADE BY MEANS  OTHER  THAN  THE
  INTERNET IF USE OF THE INTERNET IS IMPRACTICABLE.
    (B)  WITHIN  TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF A DOG HAVE
  BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH DOG PERSONALLY OR BY
  CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF  THE  FACTS  OF  THE  DOG'S
  IMPOUNDMENT  AND  THE  PROCEDURE  FOR  REDEMPTION.  IF  NOTIFICATION  IS
  PERSONALLY GIVEN, SUCH DOG SHALL BE HELD FOR  A  PERIOD  OF  SEVEN  DAYS
  AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE DOG MAY BE REDEEMED BY
  THE  OWNER  OR  OWNERS.   IF SUCH NOTIFICATION IS MADE BY MAIL, SUCH DOG
  SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF MAILING, DURING
  WHICH PERIOD THE DOG MAY BE REDEEMED BY THE OWNER OR OWNERS.  IN  EITHER
  CASE,  THE  OWNER  OR  OWNERS  MAY  REDEEM  SUCH DOG UPON PAYMENT OF THE
  IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF SECTION  ONE  HUNDRED
  SEVENTEEN  OF THIS ARTICLE AND BY PRODUCING PROOF THAT SUCH DOG HAS BEEN
  LICENSED.
    (C) MAKE and maintain a complete record of any seizure and  subsequent
  disposition  of  any dog.  Such record shall include, but not be limited
  to, [a description of] ANY IDENTIFICATION FOUND ON  the  dog,  INCLUDING
  TAG,  MICROCHIP,  TATTOO  OR  LICENSE  NUMBERS,  THE BREED OR BREEDS, IF
  KNOWN, APPROXIMATE SIZE AND WEIGHT, COLORING AND  IDENTIFYING  MARKS  ON
  THE  DOG,  the  date  and  hour  of seizure, the official identification
  number of such dog, if any, the location where seized,  the  reason  for
  seizure, and the owner's name and address, if known.
    S  2.  Subdivisions  3, 4 and 11 of section 117 of the agriculture and
  markets law, subdivisions 3 and 11 as added by chapter 220 of  the  laws
  of  1978,  such  section  as  renumbered and subdivision 4 as amended by
  section 12 of part T of chapter 59 of the laws of 2010, are  amended  to
  read as follows:

    3.  [Each]  FOR  EACH  dog seized in accordance with the provisions of
  this article, THE DOG CONTROL OFFICER OR PEACE OFFICERS, ACTING PURSUANT
  TO THEIR SPECIAL DUTIES, OR POLICE OFFICER IN THE  EMPLOY  OF  OR  UNDER
  CONTRACT  TO  A  MUNICIPALITY,  OR ANY DULY INCORPORATED SOCIETY FOR THE
  PREVENTION OF CRUELTY TO  ANIMALS,  DULY  INCORPORATED  HUMANE  SOCIETY,
  POUND OR SHELTER TAKING POSSESSION OF SUCH DOG, WHICHEVER HAS POSSESSION
  OF  THE DOG, IN ADDITION TO COMPLYING WITH THE PROVISIONS OF SUBDIVISION
  FOUR OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, shall [be]:

    (A) PROMPTLY INSPECT EACH  DOG  FOLLOWING  ANY  SEIZURE  AND  PROMPTLY
  ENSURE DOGS ARE PROVIDED WITH CARE AND TREATMENT TO RELIEVE ANY PAIN AND
  SUFFERING,  INCLUDING  NECESSARY IMMEDIATE VETERINARY CARE AND TREATMENT
  AND PARASITE CONTROL, AND APPROPRIATE VACCINATIONS, AND
    (B) properly [sheltered] SHELTER, [fed]  FEED  and  [watered  for  the
  redemption  period  as  hereinafter provided] PROVIDE WATER FOR EACH DOG
  DURING THE TIME THE DOG IS IN THE POSSESSION, CARE OR  CONTROL  OF  SUCH
  OFFICER, SOCIETY, POUND OR SHELTER.
    4. Each dog which is not identified, whether or not licensed, shall be
  held  AT  LEAST for a period of five days from the day [seized] WHEN THE
  STEPS REQUIRED BY SUBDIVISION FOUR OF SECTION ONE  HUNDRED  THIRTEEN  OF
  THIS ARTICLE, HAVE BEEN TAKEN, during which period the OFFICER, SOCIETY,
  POUND  OR  SHELTER SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION THREE

 A. 5449--B                          3

  OF THIS SECTION, AND IN THE EVENT THE OWNER OR OWNERS IS IDENTIFIED, THE
  HOLDING PERIOD SHALL BE EXTENDED PURSUANT TO PARAGRAPH (B)  OF  SUBDIVI-
  SION  FOUR  OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE. THE dog may
  be  redeemed  by its owner, provided that such owner produces proof that
  the dog has been licensed  and  has  been  identified  pursuant  to  the
  provisions  of this article and further provided that the owner pays the
  following impoundment fees:

    (a) not less than ten dollars for the first  impoundment  of  any  dog
  owned by that person;
    (b)  not  less  than twenty dollars for the first twenty-four hours or
  part thereof and three dollars for each additional twenty-four hours  or
  part  thereof  for  the second impoundment, within one year of the first
  impoundment, of any dog owned by that person; or
    (c) not less than thirty dollars for the first  twenty-four  hours  or
  part  thereof and three dollars for each additional twenty-four hours or
  part thereof for the third and subsequent impoundments, within one  year
  of the first impoundment, of any dog owned by that person.
    The  impoundment fees set forth in paragraphs (a), (b) and (c) of this
  subdivision notwithstanding, any municipality may set by  local  law  or
  ordinance such fees in any amount.
    11.  No liability in damages or otherwise shall be incurred on account
  of the seizure, euthanization or adoption of any  dog  pursuant  to  the
  provisions  of this article, OR ON ACCOUNT OF THE TRANSFER OF ANY DOG TO
  A RESCUE ORGANIZATION PURSUANT TO THIS ARTICLE AND SECTION THREE HUNDRED
  SEVENTY-FOUR OF THIS CHAPTER.
    S 3. Section 373 of the agriculture and  markets  law  is  amended  by
  adding a new subdivision 1-b to read as follows:

    1-B.  ANY PEACE OFFICER, WHEN ACTING PURSUANT TO THE OFFICER'S SPECIAL
  DUTIES, POLICE OFFICER, OR SUCH OFFICER'S AGENT, ANY  DULY  INCORPORATED
  SOCIETY  FOR  THE  PREVENTION  OF  CRUELTY TO ANIMALS, DULY INCORPORATED
  HUMANE SOCIETY, POUND OR SHELTER, TAKING POSSESSION OF A LOST, STRAY  OR
  HOMELESS  ANIMAL  UNDER  THE  PROVISIONS  OF THIS SECTION, WHICHEVER HAS
  POSSESSION OF THE ANIMAL DURING THE APPLICABLE PERIOD, SHALL:

    A. NO LATER THAN TWENTY-FOUR  HOURS  AFTER  TAKING  POSSESSION  OF  AN
  ANIMAL TAKE STEPS TO:

    (1)  CHECK  THE ANIMAL FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICA-
  TION INCLUDING,  BUT  NOT  LIMITED  TO,  TAGS,  MICROCHIPS,  TATTOOS  OR
  LICENSES;
    (2)  COMPARE  THE  INFORMATION  KNOWN ABOUT THE ANIMAL WITH RECORDS OF
  ANIMALS REPORTED TO BE LOST OR STOLEN PURSUANT TO  SECTION  ONE  HUNDRED
  TWELVE OF THIS CHAPTER;
    (3)  MAKE  AVAILABLE  TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
  TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, DULY INCORPORATED
  SOCIETY FOR THE PREVENTION OF  CRUELTY  TO  ANIMALS,  DULY  INCORPORATED
  HUMANE  SOCIETY,  POUND OR SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT
  IN WHICH SUCH OFFICER OR ORGANIZATION IS LOCATED, OR ORGANIZATION PURSU-
  ANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR  OF  THIS
  ARTICLE,  A PHOTOGRAPH, IF PRACTICABLE, AND A GENERAL DESCRIPTION OF THE
  ANIMAL TO ASSIST THE OWNER OR OWNERS IN FINDING  THE  ANIMAL,  INCLUDING
  THE  SPECIES,  TYPE,  AND  BREED OR BREEDS, IF KNOWN, THOUGH INFORMATION
  ABOUT THE ANIMAL MAY BE WITHHELD IF  DEEMED  APPROPRIATE  TO  FACILITATE
  FINDING  THE  OWNER  OR OWNERS OR OTHERWISE TO PROTECT THE SAFETY OF THE
  ANIMAL. THE NOTICE REQUIRED BY THIS SUBPARAGRAPH MAY BE  MADE  BY  MEANS
  OTHER THAN THE INTERNET IF USE OF THE INTERNET IS IMPRACTICABLE.
    B.  PROMPTLY  INSPECT  EACH  SUCH  ANIMAL  AFTER TAKING POSSESSION AND
  PROMPTLY PROVIDE THE ANIMAL WITH CARE AND TREATMENT TO RELIEVE ANY  PAIN

 A. 5449--B                          4

  AND  SUFFERING, INCLUDING NECESSARY IMMEDIATE VETERINARY CARE AND TREAT-
  MENT AND PARASITE CONTROL, AND APPROPRIATE VACCINATIONS;
    C.  PROPERLY SHELTER, FEED, AND PROVIDE WATER TO THE ANIMAL DURING THE
  TIME THE DOG IS IN THE POSSESSION, CARE  OR  CONTROL  OF  SUCH  OFFICER,
  SOCIETY, POUND OR SHELTER;
    D. WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF AN ANIMAL HAS
  BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH ANIMAL PERSONALLY OR
  BY  CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED,  OF  THE  FACTS OF THE
  ANIMAL'S IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION.  IF  NOTIFICATION
  IS  PERSONALLY  GIVEN,  SUCH  ANIMAL SHALL BE HELD FOR A PERIOD OF SEVEN
  DAYS AFTER THE DATE OF NOTICE, DURING WHICH PERIOD  THE  ANIMAL  MAY  BE
  REDEEMED  BY THE OWNER OR OWNERS.  IF SUCH NOTIFICATION IS MADE BY MAIL,
  SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF NINE DAYS  FROM  THE  DATE  OF
  MAILING,  DURING WHICH PERIOD THE ANIMAL MAY BE REDEEMED BY THE OWNER OR
  OWNERS.  IN EITHER CASE, THE OWNER OR OWNERS MAY REDEEM SUCH ANIMAL UPON
  PAYMENT OF THE  IMPOUNDMENT  FEES  PRESCRIBED  BY  SUBDIVISION  FOUR  OF
  SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER; AND
    E.  MAKE  AND  MAINTAIN A COMPLETE RECORD OF THE INTAKE AND SUBSEQUENT
  DISPOSITION OF SUCH ANIMAL. SUCH RECORD SHALL INCLUDE, BUT NOT BE LIMIT-
  ED TO, ANY IDENTIFICATION FOUND ON THE ANIMAL, INCLUDING TAG, MICROCHIP,
  TATTOO OR LICENSE NUMBERS, THE SPECIES, TYPE  OR  BREED  OR  BREEDS,  IF
  KNOWN,  APPROXIMATE  SIZE  AND WEIGHT, COLORING AND IDENTIFYING MARKS ON
  THE ANIMAL, THE DATE AND HOUR OF  INTAKE,  THE  OFFICIAL  IDENTIFICATION
  NUMBER  OF SUCH ANIMAL, THE LOCATION WHERE FOUND, THE REASON FOR INTAKE,
  AND THE OWNER'S NAME AND ADDRESS, IF KNOWN.
    F. EXCEPT AS OTHERWISE PROVIDED BY LAW, WHERE THE OWNER OR  OWNERS  OF
  AN  ANIMAL  HAS  NOT  BEEN  IDENTIFIED, HOLD SUCH ANIMAL, WHETHER OR NOT
  LICENSED, AND IN ACCORDANCE WITH AND SUBJECT TO SUBDIVISIONS  EIGHT  AND
  NINE  OF  SECTION  ONE  HUNDRED SEVENTEEN AND SUBDIVISION TWO OF SECTION
  THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER, AT LEAST  FOR  A  REDEMPTION
  PERIOD  OF FIVE DAYS BEGINNING WHEN THE STEPS REQUIRED BY PARAGRAPH A OF
  THIS SUBDIVISION, HAVE BEEN TAKEN,  DURING  WHICH  PERIOD  THE  OFFICER,
  SOCIETY, POUND OR SHELTER, WHICHEVER HAS POSSESSION OF THE ANIMAL DURING
  THE  APPLICABLE PERIOD, SHALL COMPLY WITH PARAGRAPHS A THROUGH E OF THIS
  SUBDIVISION. IN THE EVENT THE OWNER OR OWNERS IS IDENTIFIED, THE HOLDING
  PERIOD SHALL BE EXTENDED PURSUANT TO PARAGRAPH D  OF  THIS  SUBDIVISION.
  THE  ANIMAL  MAY BE REDEEMED BY ITS OWNER OR OWNERS, UPON PAYMENT OF THE
  IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF SECTION  ONE  HUNDRED
  SEVENTEEN  OF  THIS CHAPTER.  NOTWITHSTANDING THE FOREGOING, ANIMALS MAY
  BE PLACED SOONER THAN FIVE DAYS WITH AN ANIMAL  RESCUE  ORGANIZATION  AS
  PROVIDED  IN  SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF
  THIS ARTICLE, SUBJECT TO REDEMPTION BY THE OWNER OR OWNERS AS  DESCRIBED
  IN THIS PARAGRAPH.
    S  4.  Subdivisions 2, 3, 4, 5, 6, 7 and 8 of section 374 of the agri-
  culture and markets law, as added by chapter 545 of the  laws  of  1971,
  subdivision  2  as  amended by chapter 449 of the laws of 2010, subdivi-
  sions 3 and 4 as added, paragraph e of  subdivision  8  as  amended  and
  subdivisions  7  and 8 as renumbered by chapter 479 of the laws of 2009,
  subdivisions 5 and 6 as amended by chapter  83  of  the  laws  of  2011,
  subdivision  8  as added by chapter 569 of the laws of 1995, paragraph a
  of subdivision 8 as amended by chapter 594 of the laws of 2003 and para-
  graph b of subdivision 8 as amended by chapter 419 of the laws of  2010,
  are amended to read as follows:

    2.  In  the absence of such findings or certification, a duly incorpo-
  rated humane society, a duly incorporated society for the prevention  of
  cruelty  to animals, ANIMAL SHELTER, or any pound maintained by or under

 A. 5449--B                          5

  contract or agreement with any county, city, town or village  may  after
  five  days  make available for adoption, PLACE WITH AN ORGANIZATION ON A
  LIST OF ORGANIZATIONS THAT IS MAINTAINED PURSUANT TO  SUBDIVISION  THREE
  OF  THIS SECTION or have humanely destroyed SUBJECT TO AND in accordance
  with the provisions of this section and [subject to]  PARAGRAPH  (B)  OF
  SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTEEN, AND subdivisions FOUR,
  six,  eight and nine of section one hundred [eighteen] SEVENTEEN of this
  chapter, AND PARAGRAPHS D AND E OF SUBDIVISION ONE-B  OF  SECTION  THREE
  HUNDRED SEVENTY-THREE OF THIS ARTICLE, any animal of which possession is
  taken  as  provided  for  in  the  preceding section, unless the same is
  earlier redeemed by its owner.
    3. a. ANY IMPOUNDING ORGANIZATION, AS DEFINED IN  SUBDIVISION  SIX  OF
  SECTION  THREE  HUNDRED  FIFTY OF THIS ARTICLE, SHALL MAINTAIN A LIST OF
  ANIMAL RESCUE ORGANIZATIONS WILLING TO ACCEPT ANIMALS FOR THE PURPOSE OF
  ADOPTION, INCLUDING BREED-SPECIFIC RESCUES, OR TO  PROVIDE  THE  ANIMALS
  WITH APPROPRIATE LONG-TERM PLACEMENT AND CARE.
    B.  THE  LIST  SHALL INCLUDE THE FOLLOWING INFORMATION ABOUT EACH SUCH
  ORGANIZATION:

    (1) NAME, ADDRESS, PHONE  NUMBER  OR  NUMBERS  AND  EMAIL  ADDRESS  OR
  ADDRESSES;  AND  NAME  OR  NAMES AND CONTACT INFORMATION FOR THE PRIMARY
  PERSON TO BE CONTACTED PURSUANT TO THE REQUIREMENTS OF THIS SUBDIVISION,
  AND FOR ONE ADDITIONAL PERSON TO SERVE AS  A  SECONDARY  PERSON  IN  THE
  EVENT THE PRIMARY PERSON IS UNAVAILABLE;
    (2)  SPECIES,  TYPES AND BREEDS OF ANIMALS THE ORGANIZATION IS WILLING
  TO ACCEPT;
    (3) ANY RESOURCES AVAILABLE TO THE ORGANIZATION INCLUDING  VETERINARY,
  REHABILITATIVE  OR  OTHER CARE; CARE FOR SPECIAL-NEEDS ANIMALS, TRAINING
  OR BEHAVIOR MODIFICATION PROGRAMS, INCLUDING THE NAMES  AND  CREDENTIALS
  OF TRAINERS OR BEHAVIORISTS; OR APPROPRIATE SANCTUARY OR OTHER LONG-TERM
  PLACEMENT AND CARE;
    (4)  RECORD  OF THE ORGANIZATION'S DESIGNATION UNDER SECTION 501(C)(3)
  OF THE INTERNAL REVENUE CODE.
    C. ANIMAL RESCUE  ORGANIZATIONS  THAT  ARE  DESIGNATED  UNDER  SECTION
  501(C)(3)  OF  THE  INTERNAL REVENUE CODE MUST BE MAINTAINED ON THE LIST
  UPON PROVIDING CURRENT INFORMATION AS SET FORTH IN PARAGRAPH B  OF  THIS
  SUBDIVISION  AND  SUBJECT  TO APPROVAL BY THE IMPOUNDING ORGANIZATION AS
  SET FORTH IN THIS SUBDIVISION. IT SHALL BE  THE  RESPONSIBILITY  OF  THE
  ANIMAL  RESCUE ORGANIZATION TO PROVIDE THE IMPOUNDING ORGANIZATIONS WITH
  CURRENT INFORMATION REQUIRED BY PARAGRAPH B OF THIS SUBDIVISION.
    D. THE IMPOUNDING ORGANIZATION SHALL MAKE THE CURRENT LIST  OF  ANIMAL
  RESCUE ORGANIZATIONS AVAILABLE TO ALL STAFF AND THE PUBLIC ON THE INTER-
  NET  ON  A  WEBSITE  MAINTAINED  BY  OR OTHERWISE MADE AVAILABLE TO SUCH
  IMPOUNDING ORGANIZATION BY THE MUNICIPAL OR COUNTY GOVERNMENT  IN  WHICH
  SUCH  IMPOUNDING  ORGANIZATION IS LOCATED, OR ANIMAL RESCUE ORGANIZATION
  APPROVED PURSUANT TO THIS SUBDIVISION. THE NOTICE REQUIRED BY THIS PARA-
  GRAPH MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE  INTER-
  NET IS IMPRACTICABLE.
    E.  EXCEPT  AS SET FORTH IN PARAGRAPH M OF THIS SUBDIVISION, AN ANIMAL
  RESCUE ORGANIZATION MUST BE INCLUDED ON THE LIST AS LONG AS  THE  ORGAN-
  IZATION CAN DEMONSTRATE THE FOLLOWING:  (1) HAS THE RESOURCES TO PROVIDE
  AND  WILL  PROVIDE  THE  ANIMALS REQUESTED TO BE TRANSFERRED WITH CLEAN,
  SANITARY AND ADEQUATE SHELTER, FOOD, AND  WATER,  APPROPRIATE  EXERCISE,
  NECESSARY  VETERINARY  CARE  AND  TREATMENT,  INCLUDING VACCINATIONS AND
  PARASITE CONTROL, AND A SAFE ENVIRONMENT; (2) MAINTAINS A  PROTOCOL  FOR
  CONTAINING AND MANAGING CONTAGIOUS ILLNESS AND DISEASE; (3) MAINTAINS AN
  ACTIVE  ADOPTION  OR  PLACEMENT  PROGRAM  OR  FACILITIES APPROPRIATE FOR

 A. 5449--B                          6

  LONG-TERM PLACEMENT; (4) MANAGES ANIMALS TO MINIMIZE RISK OF  INJURY  TO
  THE  ANIMALS  AND THE PUBLIC; (5) MANAGES ITS OPERATIONS SO THAT ANIMALS
  ARE NOT AT RISK FOR ABUSE OR NEGLECT OR FOR USE IN  ANIMAL  FIGHTING  OR
  RESEARCH,  EXPERIMENTATION  OR  TESTING;  (6) HAS NOT KNOWINGLY MADE ANY
  MATERIAL MISREPRESENTATIONS OR MATERIAL FALSE STATEMENTS TO THE IMPOUND-
  ING ORGANIZATION; AND (7) AVOIDS BEHAVIOR THAT  DISRUPTS  OR  INTERFERES
  WITH THE IMPOUNDING ORGANIZATION'S LAWFUL OPERATIONS.
    F.  THE  IMPOUNDING  ORGANIZATION  SHALL HAVE THE RIGHT TO INSPECT THE
  FACILITIES, ANIMAL MAINTENANCE RECORDS AND ANIMALS OF THE ANIMAL  RESCUE
  ORGANIZATION,  INCLUDING  REQUESTING TO VISIT FOSTER HOMES, FROM TIME TO
  TIME, AT REASONABLE TIMES, TO DETERMINE WHETHER THE ANIMAL RESCUE ORGAN-
  IZATION SHOULD BE APPROVED AND ALSO MAINTAINED ON THE LIST.  THE  ANIMAL
  RESCUE   ORGANIZATION  SHALL  COOPERATE  IN  PROVIDING  INFORMATION  THE
  IMPOUNDING ORGANIZATION MAY REASONABLY REQUIRE TO MAKE THE DETERMINATION
  DESCRIBED IN THIS SUBDIVISION. THE FIRST SUCH INSPECTION TO QUALIFY  THE
  ANIMAL  RESCUE  ORGANIZATION  FOR  THE  LIST INITIALLY MUST BE COMPLETED
  WITHIN FORTY-FIVE DAYS  OF  THE  DATE  THE  ANIMAL  RESCUE  ORGANIZATION
  SUBMITS A REQUEST FOR INCLUSION ON THE LIST AND INFORMATION AS DESCRIBED
  IN PARAGRAPHS B AND C OF THIS SUBDIVISION.
    G.  THE APPROVAL OF THE IMPOUNDING ORGANIZATION SHALL NOT BE UNREASON-
  ABLY WITHHELD. THE  IMPOUNDING  ORGANIZATION  SHALL  STATE  IN  WRITING,
  SIGNED  BY  THE  MANAGING DIRECTOR OR OFFICER, OR THE APPOINTED AGENT OF
  THE MANAGING DIRECTOR OR OFFICER,  THE  REASONS  WHY  AN  ANIMAL  RESCUE
  ORGANIZATION DOES NOT MEET THE CRITERIA SET FORTH IN PARAGRAPH F OF THIS
  SUBDIVISION  AND  IS  NOT  APPROVED  OR  IS NOT APPROVED FOR SOME OR ALL
  ANIMALS, OR HAS BEEN REMOVED FROM THE LIST. THE REASONS,  INCLUDING  ANY
  ACTS  OR OMISSIONS, OR MATERIALLY FALSE STATEMENTS THAT HAVE RESULTED IN
  DISAPPROVAL, MUST BE DESCRIBED WITH SUFFICIENT SPECIFICITY TO INFORM THE
  ANIMAL RESCUE ORGANIZATION OF THE PARTICULAR CRITERIA THAT HAVE NOT BEEN
  MET, THE SPECIFIC ACTS OR  OMISSIONS,  OR  FALSE  STATEMENTS  THAT  HAVE
  RESULTED  IN  DISAPPROVAL,  AND  THE  ACTIONS  REQUIRED FOR APPROVAL, IF
  POSSIBLE.  WITHIN TEN BUSINESS DAYS, A COPY  OF  SUCH  WRITTEN  DOCUMENT
  SHALL  BE  PROVIDED  TO  THE ANIMAL RESCUE ORGANIZATION THAT WILL NOT BE
  INCLUDED OR THAT HAS BEEN REMOVED FROM THE LIST.
    H. THE ANIMAL RESCUE ORGANIZATION THAT IS NOT APPROVED OR REMOVED FROM
  THE LIST PURSUANT TO PARAGRAPHS E, F AND G OF THIS SUBDIVISION, MAY,  AT
  ANY  TIME, DEMONSTRATE THAT THE REASONS STATED FOR DENYING APPROVAL HAVE
  BEEN REMEDIED AND REQUEST APPROVAL FOR PLACEMENT ON THE LIST AS PROVIDED
  IN THIS SUBDIVISION. THE  IMPOUNDING  ORGANIZATION  SHALL  COOPERATE  BY
  PROVIDING  REINSPECTIONS,  IF  NECESSARY, WITHIN FORTY-FIVE DAYS AFTER A
  REQUEST FOR RECONSIDERATION BY THE ANIMAL RESCUE ORGANIZATION, TO DETER-
  MINE IF THE ANIMAL  RESCUE  ORGANIZATION  IS  APPROVED.  A  DECISION  TO
  CONTINUE  TO DENY APPROVAL TO SUCH ANIMAL RESCUE ORGANIZATION MUST BE IN
  WRITING CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH G OF THIS SUBDIVI-
  SION AND A COPY OF SAME PROVIDED  TO  THE  ORGANIZATION.  AN  IMPOUNDING
  ORGANIZATION  SHALL  NOT BE REQUIRED TO CONSIDER AN ANIMAL RESCUE ORGAN-
  IZATION FOR PLACEMENT ON THE LIST MORE THAN TWICE ANNUALLY.
    I. NO ANIMAL SHALL BE EUTHANIZED AS DESCRIBED IN  SUBDIVISION  TWO  OF
  THIS  SECTION  UNLESS  THE  IMPOUNDING ORGANIZATION CERTIFIES IN WRITING
  SIGNED BY THE IMPOUNDING ORGANIZATION'S MANAGING DIRECTOR OR OFFICER, OR
  THE APPOINTED AGENT OF THE MANAGING DIRECTOR OR OFFICER, THAT:  (1)  THE
  IMPOUNDING  ORGANIZATION  HAS CONTACTED EACH OF THE ANIMAL RESCUE ORGAN-
  IZATIONS APPROVED FOR THE SPECIES, TYPE OR BREED OF ANIMAL; AND (2) THAT
  NONE OF THE ANIMAL RESCUE ORGANIZATIONS CONTACTED WERE WILLING AND  ABLE
  TO  ACCEPT  TRANSFER  OF THE ANIMAL, OR IF AN ANIMAL RESCUE ORGANIZATION
  CONTACTED DID NOT RESPOND OR FAILED TO PICK UP OR ACCEPT TRANSFER OF  AN

 A. 5449--B                          7

  ANIMAL  AFTER AGREEING TO DO SO, THAT THE ANIMAL RESCUE ORGANIZATION WAS
  CONTACTED AT THE METHODS OF CONTACT PROVIDED IN  THE  LIST  PURSUANT  TO
  SUBPARAGRAPH  ONE  OF PARAGRAPH B OF THIS SUBDIVISION, AND AT THE END OF
  THE  REDEMPTION PERIOD OR AFTER TWO DAYS FOLLOWING THE LAST CONTACT, NOT
  INCLUDING THE DAY OF CONTACT, WHICHEVER IS LONGER, THERE WAS NO RESPONSE
  OR NO CONFIRMATION THAT THE ANIMAL RESCUE ORGANIZATION WAS  WILLING  AND
  ABLE TO ACCEPT TRANSFER OF THE ANIMAL, OR THE ANIMAL RESCUE ORGANIZATION
  FAILED  TO  PICK  UP  OR  ACCEPT  TRANSFER OF THE ANIMAL. A COPY OF SUCH
  CERTIFICATION SHALL BE MAINTAINED FOR TWO YEARS  AND  AVAILABLE  TO  THE
  PUBLIC  UPON  REQUEST.  THIS  PARAGRAPH  SHALL  NOT  APPLY TO EUTHANASIA
  PERFORMED PURSUANT TO SUBDIVISIONS ONE AND  FIVE  OF  THIS  SECTION.  AN
  IMPOUNDING  ORGANIZATION  IS  NOT  REQUIRED  TO CONTACT AN ANIMAL RESCUE
  ORGANIZATION ON THE LIST ABOUT TAKING ANIMALS THAT ARE A  SPECIES,  TYPE
  OR BREED THAT THE ANIMAL RESCUE ORGANIZATION DID NOT PREVIOUSLY INDICATE
  PURSUANT  TO  SUBPARAGRAPH  TWO  OF PARAGRAPH B OF THIS SUBDIVISION THAT
  THEY WOULD ACCEPT, OR ARE ANIMALS FOR WHICH THE IMPOUNDING  ORGANIZATION
  DID NOT APPROVE THE ANIMAL RESCUE ORGANIZATION.
    J.  THE  IMPOUNDING  ORGANIZATION MAY CHARGE A REASONABLE ADOPTION FEE
  FOR EACH ANIMAL TRANSFERRED TO AN ANIMAL RESCUE ORGANIZATION ON THE LIST
  AND WHICH DOES NOT EXCEED THE ADOPTION FEE  THAT  WOULD  BE  CHARGED  TO
  ADOPTERS.
    K.  AN  ANIMAL  THAT  HAS  BEEN DETERMINED BY A COURT HAVING COMPETENT
  JURISDICTION TO BE DANGEROUS PURSUANT TO THE PROVISIONS OF  SECTION  ONE
  HUNDRED  TWENTY-THREE OF THIS CHAPTER, SHALL BE ELIGIBLE ONLY FOR TRANS-
  FER TO AN ANIMAL RESCUE ORGANIZATION THAT CAN MEET THE  REQUIREMENTS  AS
  ORDERED  BY A COURT UNDER SECTION ONE HUNDRED TWENTY-THREE OF THIS CHAP-
  TER FOR THE CARE AND HANDLING OF SUCH ANIMAL.
    L. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANIMALS  THAT
  IMPOUNDING  ORGANIZATIONS HAVE ACCEPTED FROM OWNERS ONLY FOR THE PURPOSE
  OF PROVIDING HUMANE EUTHANASIA AS A SERVICE.
    M. IMPOUNDING ORGANIZATIONS MAY BUT ARE NOT REQUIRED TO INCLUDE ON THE
  LIST ANIMAL RESCUE  ORGANIZATIONS  LOCATED  OUTSIDE  OF  THE  IMPOUNDING
  ORGANIZATION'S COUNTY AND ADJOINING COUNTIES IN THE STATE OF NEW YORK.
    N.  NOTWITHSTANDING  THE  REQUIREMENTS OF THIS SUBDIVISION, IMPOUNDING
  ORGANIZATIONS THAT IMPOUNDED, SEIZED, OR OTHERWISE TOOK  IN  FEWER  THAN
  ONE HUNDRED ANIMALS IN THE PRECEDING CALENDAR YEAR SHALL NOT BE REQUIRED
  TO  MAINTAIN  MORE THAN THREE ANIMAL RESCUE ORGANIZATIONS ON THE LIST AT
  ANY TIME.
    4. A. Except as provided in subdivision [four] FIVE of  this  section,
  euthanasia  of  animals  pursuant  to this section shall be accomplished
  solely by means of injection of sodium pentobarbital or sodium pentobar-
  bital solution administered by  a  certified  euthanasia  technician,  a
  licensed  veterinarian  or a licensed veterinary technician.  Euthanasia
  by intracardiac injection of sodium pentobarbital or sodium  pentobarbi-
  tal  solution  shall  be  performed  only  upon animals that are heavily
  sedated, anesthetized, or comatose. However, only a licensed veterinari-
  an may perform euthanasia by intracardiac injection of sodium  pentobar-
  bital or sodium pentobarbital solution upon animals that are not heavily
  sedated,  anesthetized or comatose and only when such licensed veterina-
  rian determines that such intracardiac  injection  is  the  most  humane
  option  available.  Whenever a cardiac injection of sodium pentobarbital
  or sodium pentobarbital solution is administered by a licensed veterina-
  rian upon an animal that is not heavily sedated, anesthetized  or  coma-
  tose, such veterinarian must document, in writing, the administration of
  such injection and the reason for its administration. Such documentation
  shall be retained for at least three years. Under no circumstances shall

 A. 5449--B                          8

  intracardiac  injection  be  performed  on  animals that are not heavily
  sedated, anesthetized or comatose where such animals are under the  care
  of  any  duly  incorporated  society  for  the  prevention of cruelty to
  animals, animal shelter, humane society or pound.
    b. No animal shall be left unattended between the time that the eutha-
  nasia procedure begins and the time when death is confirmed. The body of
  a  euthanized  animal shall not be disposed of in any manner until death
  is confirmed by a licensed veterinarian, a certified euthanasia  techni-
  cian  or  a licensed veterinary technician. Violations of this paragraph
  shall be punishable by a civil penalty of not  more  than  five  hundred
  dollars.
    The department of health shall promulgate regulations deemed necessary
  for  implementation  of  the  provisions  of this subdivision, including
  regulations governing the training and certification of certified eutha-
  nasia technicians.
    [4.] 5. a. Any method of euthanasia other than that  provided  for  in
  subdivision  [three]  FOUR  of  this  section  is prohibited except that
  euthanasia of an animal by gunshot is permissible as an emergency  meas-
  ure  for an animal that is posing an imminent threat of serious physical
  injury to a person or to another  animal  as  provided  in  section  one
  hundred  [twenty-one-a] TWENTY-THREE-A of this chapter and where the use
  of a humane method of euthanasia prescribed in this section is  rendered
  impossible  or  where  a severely injured animal is suffering and cannot
  otherwise be aided.
    b. Within ninety days of the effective date of this  subdivision,  any
  chamber used to induce hypoxia by means of a lethal gas shall be disman-
  tled,  rendered inoperable and beyond repair, and removed from the prem-
  ises. Violations of this paragraph shall be punishable by a civil penal-
  ty of not more than five hundred dollars.
    [5.] 6. No person shall release any  [dog  or  cat]  ANIMAL  from  the
  custody  or control of any pound, shelter, DULY INCORPORATED society for
  the prevention of cruelty to animals, DULY INCORPORATED humane  society,
  [dog]  DULY  INCORPORATED  ANIMAL  protective association, dog OR ANIMAL
  control officer, peace officer or any agent  thereof,  for  any  purpose
  except  adoption  or  redemption  by its owner, PLACEMENT WITH AN ANIMAL
  RESCUE ORGANIZATION ON A LIST MAINTAINED PURSUANT TO  SUBDIVISION  THREE
  OF  THIS  SECTION,  OR  PLACEMENT FOR THE PURPOSE OF PROVIDING TEMPORARY
  SHELTER  PENDING  RESOLUTION  OF  LITIGATION  INVOLVING   SUCH   ANIMAL;
  provided,  however,  that  after  the  time  for redemption has expired,
  release may be made to another such [pound,  duly  incorporated  society
  for the prevention of cruelty to animals, duly incorporated humane soci-
  ety  or  duly  incorporated  animal  protective  association] IMPOUNDING
  ORGANIZATION for the sole purpose of placing such animal in an  adoptive
  home  when such action is reasonably believed to improve the opportunity
  for adoption. Notwithstanding the penalties set forth in paragraph b  of
  subdivision  [three] FOUR of this section and paragraph b of subdivision
  [four] FIVE of this section, any violation of this subdivision, subdivi-
  sion two, [three or] four, OR FIVE of this section, shall  constitute  a
  misdemeanor  and  shall  be punishable by imprisonment for not more than
  one year, or by a fine of not more than  one  thousand  dollars,  or  by
  both.
    [6.    In  lieu  of  such destruction, redemption or other disposition
  pursuant to this section, such pound, shelter, or  society  may  in  its
  discretion  lawfully  and  without  liability  deliver  such  animal for
  adoption to an individual other  than  the  owner  after  the  time  for
  redemption has expired.]

 A. 5449--B                          9

    7.   AN IMPOUNDING ORGANIZATION SHALL HAVE NO LIABILITY AS A RESULT OF
  THE ADOPTION OF AN ANIMAL TO AN INDIVIDUAL OTHER THAN THE OWNER  OR  FOR
  PLACEMENT OF AN ANIMAL WITH AN ANIMAL RESCUE ORGANIZATION AS PROVIDED BY
  THIS SECTION.
    8.  Prior  to  such destruction or other disposition, the owner of the
  animal may redeem the same upon proving title  to  the  satisfaction  of
  such  society  and paying such society such amount, approved by a magis-
  trate,  as  may  have  been  reasonably  expended  by  such  society  in
  connection with the care and maintenance thereof.
    [8.]  9.  a.  In  addition  to any other penalty provided by law, upon
  conviction for any violation of section three hundred  fifty-one,  three
  hundred  fifty-three,  three hundred fifty-three-a, three hundred fifty-
  three-b,  three  hundred  fifty-five,  three  hundred  fifty-six,  three
  hundred  fifty-nine, three hundred sixty, three hundred sixty-one, three
  hundred sixty-five or three hundred sixty-eight  of  this  article,  the
  convicted  person may, after a duly held hearing pursuant to paragraph f
  of this subdivision, be ordered by the  court  to  forfeit,  to  a  duly
  incorporated  society for the prevention of cruelty to animals or a duly
  incorporated humane society or authorized agents thereof, the animal  or
  animals  which  are  the  basis of the conviction. Upon such an order of
  forfeiture, the convicted person shall be deemed  to  have  relinquished
  all  rights to the animals which are the basis of the conviction, except
  those granted in paragraph d of this subdivision.
    b. Pursuant to the provisions of subdivisions two, three, four  [and],
  five, AND SIX of this section, no animal in the custody of a duly incor-
  porated  society for the prevention of cruelty to animals, a duly incor-
  porated humane society, duly incorporated animal protective association,
  ANIMAL SHELTER OR pound or its authorized agents thereof, OR  AN  ANIMAL
  RESCUE  ORGANIZATION ON A LIST AS DESCRIBED IN SUBDIVISION THREE OF THIS
  SECTION, OR THEIR AUTHORIZED  AGENTS,  shall  be  sold,  transferred  or
  otherwise  made  available  to  any  person for the purpose of research,
  experimentation or testing. No authorized agent of a  duly  incorporated
  society for the prevention of cruelty to animals, nor of a duly incorpo-
  rated  humane  society,  duly incorporated animal protective association
  [or], ANIMAL SHELTER, pound, OR ANIMAL RESCUE ORGANIZATION ON A LIST  AS
  DESCRIBED  IN  SUBDIVISION  THREE  OF THIS SECTION, shall use any animal
  placed  in  its  custody  by  the  duly  incorporated  society  for  the
  prevention  of  cruelty  to animals or duly incorporated humane society,
  DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, ANIMAL SHELTER,  POUND,
  OR  ANIMAL  RESCUE  ORGANIZATION  ON  A LIST AS DESCRIBED IN SUBDIVISION
  THREE OF THIS SECTION, OR THEIR AGENTS, for  the  purpose  of  research,
  experimentation or testing.
    c.  The  court may additionally order that the convicted person or any
  person dwelling in the same household who conspired, aided or abetted in
  the unlawful act which was the basis of the conviction, or who  knew  or
  should  have  known  of the unlawful act, shall not own, harbor, or have
  custody or control of any other animals, other than farm animals, for  a
  period of time which the court deems reasonable.
    d.  In  the  case  of  farm animals, the court may, in addition to the
  forfeiture to a duly incorporated society for the prevention of  cruelty
  to  animals  or  a duly incorporated humane society or authorized agents
  thereof, and subject to  the  restrictions  of  sections  three  hundred
  fifty-four and three hundred fifty-seven of this article, order the farm
  animals  which  were  the basis of the conviction to be sold. In no case
  shall farm animals which are the basis of the conviction be redeemed  by
  the convicted person who is the subject of the order of forfeiture or by

 A. 5449--B                         10

  any  person dwelling in the same household who conspired, aided or abet-
  ted in the unlawful act which was the basis of the  conviction,  or  who
  knew or should have known of the unlawful act. The court shall reimburse
  the  convicted person and any duly determined interested persons, pursu-
  ant to paragraph f of this subdivision, any money earned by the sale  of
  the  farm  animals less any costs including, but not limited to, veteri-
  nary and custodial care, and any  fines  or  penalties  imposed  by  the
  court.  The  court  may  order that the subject animals be provided with
  appropriate care and treatment pending the hearing and  the  disposition
  of  the charges. Any farm animal ordered forfeited but not sold shall be
  remanded to the custody and charge of a duly  incorporated  society  for
  the prevention of cruelty to animals or duly incorporated humane society
  or  its authorized agent thereof and disposed of pursuant to paragraph e
  of this subdivision.
    e. A duly incorporated  society  for  the  prevention  of  cruelty  to
  animals  or  a  duly  incorporated  humane  society in charge of animals
  forfeited pursuant to paragraph  a  of  this  subdivision  may,  in  its
  discretion,  lawfully  and  without liability, adopt them to individuals
  other than the convicted person or person dwelling in the same household
  who conspired, aided or abetted in the unlawful act which was the  basis
  of the conviction, or who knew or should have known of the unlawful act,
  PLACE  THEM WITH AN ANIMAL RESCUE ORGANIZATION ON A LIST AS DESCRIBED IN
  SUBDIVISION THREE OF THIS SECTION, or IF NO SUCH ANIMAL RESCUE ORGANIZA-
  TION IS WILLING OR ABLE TO  ACCEPT  THE  ANIMALS  AND  THE  SOCIETY  HAS
  COMPLIED  WITH  THE  REQUIREMENTS OF PARAGRAPH I OF SUBDIVISION THREE OF
  THIS SECTION, humanely dispose of them according to  the  provisions  of
  subdivisions two, [three,] four [and], five AND SIX of this section.
    f.  (1)  Prior  to  an  order of forfeiture of farm animals, a hearing
  shall be held within thirty days of conviction, to determine the pecuni-
  ary interests of any other person in the farm  animals  which  were  the
  basis  of  the  conviction. Written notice shall be served at least five
  days prior to the hearing upon  all  interested  persons.  In  addition,
  notice  shall be made by publication in a local newspaper at least seven
  days prior to the hearing. For the purposes of this subdivision,  inter-
  ested  persons shall mean any individual, partnership, firm, joint stock
  company, corporation, association, trust, estate, or other legal  entity
  who  the  court  determines  may  have  a pecuniary interest in the farm
  animals which are the subject of the forfeiture action.
    (2) All interested persons shall be provided  an  opportunity  at  the
  hearing  to  redeem  their  interest  as  determined by the court in the
  subject farm animals and to  purchase  the  interest  of  the  convicted
  person.  The  convicted  person  shall  be entitled to be reimbursed his
  interest in the farm animals, less any costs, fines or penalties imposed
  by the court, as specified under paragraph d of this subdivision. In  no
  case  shall  the  court  award  custody or control of the animals to any
  interested person who conspired, aided or abetted in  the  unlawful  act
  which  was the basis of the conviction, or who knew or should have known
  of the unlawful act.
    g. Nothing in this section shall be construed to limit or restrict  in
  any  way the rights of a secured party having a security interest in any
  farm animal described in this section. This section expressly  does  not
  impair or subordinate the rights of such a secured lender having a secu-
  rity  interest  in farm animals or in the proceeds from the sale of such
  farm animals.
    S 5. Section 350 of the agriculture and  markets  law  is  amended  by
  adding a new subdivision 6 to read as follows:


 A. 5449--B                         11

    6. "IMPOUNDING ORGANIZATION" MEANS ANY DULY INCORPORATED HUMANE SOCIE-
  TY,  DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS,
  DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, ANIMAL SHELTER OR POUND
  MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT WITH ANY COUNTY, CITY, TOWN
  OR  VILLAGE, THAT TAKES POSSESSION OF ABANDONED, NOT PROPERLY CARED FOR,
  LOST, STRAY OR HOMELESS ANIMALS, OR ANIMALS THAT HAVE  BEEN  SURRENDERED
  BY THE OWNER OR OWNERS.
    S 6. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.