A5449C-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

A5449C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5449--C
 2011-2012 Regular Sessions
 I N  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:

 

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 THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICI
 PALITY AND IS 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; AND (2) MAKE AVAILABLE TO THE PUBLIC ON THE INTER
 NET ON A WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFI
 CER, SOCIETY, POUND OR SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT  IN
 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
 ANIMAL RESCUE ORGANIZATION PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION
 THREE  HUNDRED  SEVENTY-FOUR OF THIS CHAPTER, A PHOTOGRAPH, IF PRACTICA
 BLE, AND A GENERAL DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR  OWNERS
 IN  FINDING  THE  DOG,  INCLUDING  THE BREED OR BREEDS, IF KNOWN, THOUGH
 INFORMATION ABOUT THE DOG MAY  BE  WITHHELD  IF  DEEMED  APPROPRIATE  TO
 FACILITATE  FINDING  THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY
 OF THE DOG.  SUCH OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO  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
 WITHIN  TWENTY-FOUR  HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING
 SEIZURE OR TAKING POSSESSION OF SUCH 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 THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICIPALITY
 AND IS 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.
 
       A. 5449--C                          3
 4. [Each] SUBJECT TO SUBDIVISION THREE OF SECTION THREE HUNDRED SEVEN
 TY-FOUR OF THIS CHAPTER, 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  OF  THIS  SECTION, AND IN THE EVENT THE OWNER OR
 OWNERS IS IDENTIFIED, THE HOLDING PERIOD SHALL BE EXTENDED  PURSUANT  TO
 PARAGRAPH  (B)  OF  SUBDIVISION  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 identi
 fied  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 OFFICER, AGENT OR SOCIETY AS DESCRIBED IN SUBDIVISION ONE OF
 THIS SECTION OR POUND OR SHELTER OPERATED BY  OR  UNDER  CONTRACT  TO  A
 MUNICIPALITY  THAT  IS  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; AND
 (2)  MAKE  AVAILABLE  TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN
 TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
 SHELTER BY THE MUNICIPALITY OR COUNTY IN WHICH  SUCH  OFFICER,  SOCIETY,
 POUND OR SHELTER, IS LOCATED, OR BY AN ANIMAL RESCUE 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 OFFICER, SOCIETY, POUND OR SHELTER SHALL ALSO 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 CHAP
 
       A. 5449--C                          4
 TER, WITHIN  TWENTY-FOUR  HOURS  AFTER  SUCH  RECORDS  BECOME  AVAILABLE
 FOLLOWING  SEIZURE  OR  TAKING  POSSESSION  OF SUCH ANIMAL.   THE NOTICE
 REQUIRED BY THIS SUBPARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE INTER
 NET 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
 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  ANIMAL 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
 
       A. 5449--C                          5
 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
 contract or agreement with any county, city, town or  village  [may]  IS
 AUTHORIZED  after  five  days,  SUBJECT  TO  AND  IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION AND PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF
 SECTION ONE HUNDRED THIRTEEN, AND SUBDIVISIONS FOUR, SIX, EIGHT AND NINE
 OF SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER, AND PARAGRAPHS D AND E
 OF  SUBDIVISION  ONE-B  OF  SECTION  THREE HUNDRED SEVENTY-THREE OF THIS
 ARTICLE, TO 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 [in accordance with the
 provisions of this section and subject to subdivisions  six,  eight  and
 nine  of  section  one  hundred eighteen of this chapter,] 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.
 
       A. 5449--C                          6
 E. EXCEPT AS SET FORTH IN PARAGRAPHS N, O AND P OF  THIS  SUBDIVISION,
 AN  ANIMAL  RESCUE  ORGANIZATION MUST BE INCLUDED ON THE LIST AS LONG AS
 THE ORGANIZATION 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 EXER
 CISE,  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) MAIN
 TAINS AN ACTIVE ADOPTION OR PLACEMENT PROGRAM OR FACILITIES  APPROPRIATE
 FOR  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 FIGHT
 ING  OR RESEARCH, EXPERIMENTATION OR TESTING; (6) HAS NOT KNOWINGLY MADE
 ANY MATERIAL MISREPRESENTATIONS OR  MATERIAL  FALSE  STATEMENTS  TO  THE
 IMPOUNDING  ORGANIZATION  THAT  RELATE  TO THE REQUIREMENTS SET FORTH IN
 THIS SECTION FOR INCLUSION ON THE LIST; AND  (7)  AVOIDS  BEHAVIOR  THAT
 DISRUPTS  OR  INTERFERES WITH THE IMPOUNDING ORGANIZATION'S LAWFUL OPER
 ATIONS.
 F. THE IMPOUNDING ORGANIZATION SHALL HAVE THE AUTHORITY TO INSPECT, AT
 A REASONABLE  TIME,  THE  FACILITIES,  ANIMAL  MAINTENANCE  RECORDS  AND
 ANIMALS OF THE ANIMAL RESCUE ORGANIZATION, INCLUDING REQUESTING TO VISIT
 FOSTER HOMES, TO DETERMINE WHETHER THE ANIMAL RESCUE ORGANIZATION SHOULD
 BE  APPROVED FOR INCLUSION ON THE LIST.  TO DETERMINE WHETHER THE ANIMAL
 RESCUE ORGANIZATION SHOULD BE MAINTAINED ON  THE  LIST,  THE  IMPOUNDING
 ORGANIZATION SHALL HAVE THE AUTHORITY TO MAKE SUCH AN INSPECTION ANNUAL
 LY AND ALSO WHEN THE IMPOUNDING ORGANIZATION HAS A REASONABLE BELIEF THE
 ANIMAL  RESCUE  ORGANIZATION  DOES  NOT  MEET  THE  REQUIREMENTS OF THIS
 SECTION FOR INCLUSION 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 SUBDIVI
 SION. THE FIRST SUCH INSPECTION TO QUALIFY THE ANIMAL  RESCUE  ORGANIZA
 TION  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 A REINSPECTION, IF NECESSARY, WITHIN FORTY-FIVE DAYS  AFTER  A
 
       A. 5449--C                          7
 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.   SUBJECT TO PARAGRAPHS F, G, H, N, O AND P OF THIS SUBDIVISION, AN
 IMPOUNDING ORGANIZATION MUST INCLUDE AN ANIMAL  RESCUE  ORGANIZATION  ON
 THE  LIST IF THE ANIMAL RESCUE ORGANIZATION HAS BEEN PREVIOUSLY APPROVED
 FOR INCLUSION ON THE LIST OF ANOTHER IMPOUNDING ORGANIZATION IN NEW YORK
 STATE.
 J. 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
 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.
 K. 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.
 L. 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.
 M.  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO ANY ANIMAL
 THAT AN IMPOUNDING ORGANIZATION HAS ACCEPTED  FROM  THE  OWNER  WHO  HAS
 STATED  IN  WRITING  THAT BASED ON THE OWNER'S REASONABLE DETERMINATION,
 HUMANE EUTHANASIA IS IN THE BEST INTEREST OF THE ANIMAL.    THE  WRITTEN
 STATEMENT SHALL BE SIGNED BY THE OWNER AND DATED THE DAY OF SURRENDER TO
 THE  IMPOUNDING  ORGANIZATION, AND DELIVERED TO THE IMPOUNDING ORGANIZA
 TION WHICH SHALL MAINTAIN THE WRITTEN STATEMENT FOR TWO YEARS.
 
       A. 5449--C                          8
 N. IMPOUNDING ORGANIZATIONS MAY BUT ARE NOT REQUIRED TO INCLUDE ON THE
 LIST ANIMAL RESCUE ORGANIZATIONS LOCATED OUTSIDE OF  THE  STATE  OF  NEW
 YORK  AND WHICH IS EITHER MORE THAN SEVENTY-FIVE MILES FROM THE IMPOUND
 ING ORGANIZATION, OR OUTSIDE OF THE IMPOUNDING ORGANIZATION'S COUNTY AND
 ADJOINING COUNTIES, WHICHEVER IS THE GREATER DISTANCE.
 O.  NOTWITHSTANDING  THE  REQUIREMENTS OF THIS SUBDIVISION, IMPOUNDING
 ORGANIZATIONS THAT IMPOUNDED, SEIZED, OR OTHERWISE TOOK  IN  FEWER  THAN
 TWO ANIMALS PER WEEK ON AVERAGE IN THE PRECEDING CALENDAR YEAR SHALL NOT
 BE  REQUIRED  TO  MAINTAIN MORE THAN FOUR ANIMAL RESCUE ORGANIZATIONS ON
 THE LIST AT ANY TIME.
 P. AN ANIMAL RESCUE ORGANIZATION SHALL BE EXCLUDED FROM  THE  LIST  IF
 ANY  OF  THE  ORGANIZATION'S  CURRENT  DIRECTORS, MANAGERS, EMPLOYEES OR
 REGULAR VOLUNTEERS HAVE EVER BEEN CONVICTED OF OR PLEADED GUILTY  TO  OR
 IS  CURRENTLY  CHARGED  WITH  ANY  FELONY;  OR  ANY FELONY, MISDEMEANOR,
 OFFENSE, INFRACTION, OR VIOLATION FOR FAILURE TO  COMPLY  WITH  SECTIONS
 THREE  HUNDRED  FIFTY,  THREE  HUNDRED  SEVENTY-THREE  AND THREE HUNDRED
 SEVENTY-FOUR OF THIS ARTICLE OR SIMILAR ANIMAL FIGHTING, ANIMAL  CRUELTY
 OR  NEGLECT  OR ANTI-HOARDING LAWS IN ANY FEDERAL, STATE OR LOCAL JURIS
 DICTION; IN THE PREVIOUS TEN YEARS, HAS HAD ANIMALS IN HIS OR  HER  CARE
 OR  CUSTODY SEIZED OR CONFISCATED FOR SUSPECTED VIOLATIONS OF SUCH LAWS;
 OR HAS AT ANY TIME BEEN THE SUBJECT OF A RESTRAINING ORDER,  INJUNCTION,
 CEASE  AND  DESIST,  STOP  MOVEMENT ORDER, LICENSE DENIAL, REVOCATION OR
 SUSPENSION, A SEIZURE OR CONFISCATION OF ANIMALS OR  OTHER  DISCIPLINARY
 ACTION  FOR VIOLATION OF THE ANIMAL WELFARE ACT, 7 U.S.C.  SECTIONS 2131
 ET SEQ. OR REGULATIONS ISSUED THEREUNDER, OR SIMILAR  ANIMAL  PROTECTION
 LAWS IN ANY FEDERAL, STATE OR LOCAL JURISDICTION. THE RESCUING ORGANIZA
 TION  OR  INDIVIDUAL SHALL COOPERATE IN PROVIDING INFORMATION ABOUT SUCH
 VIOLATIONS INCLUDING, UPON REQUEST OF THE  IMPOUNDING  ORGANIZATION,  BY
 HAVING  ANY  OF ITS DIRECTORS, MANAGERS, EMPLOYEES OR REGULAR VOLUNTEERS
 CERTIFY IN WRITING UNDER PENALTY OF PERJURY  THAT  THEY  HAVE  NOT  BEEN
 CONVICTED, CITED OR THE SUBJECT OF AN ORDER OR OTHER ACTION AS DESCRIBED
 IN THIS PARAGRAPH.
 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
 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. 5449--C                          9
 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.]
 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
 
       A. 5449--C                         10
 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
 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
 
       A. 5449--C                         11
 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:

 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,
 
       A. 5449--C                         12
 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.

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