senate Bill S5433A

Relates to the treatment and disposition of lost, stray or homeless animals

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 20 / May / 2011
    • REFERRED TO AGRICULTURE
  • 28 / Dec / 2011
    • AMEND (T) AND RECOMMIT TO AGRICULTURE
  • 28 / Dec / 2011
    • PRINT NUMBER 5433A
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 29 / Feb / 2012
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Relates to the treatment and disposition of lost, stray or homeless animals.

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Bill Details

See Assembly Version of this Bill:
A5449A
Versions:
S5433
S5433A
Legislative Cycle:
2011-2012
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยงยง113, 117, 373, 374 & 350, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S5433A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the treatment
and disposition of lost, stray or homeless animals

PURPOSE:
To promote better care of animals placed in shelters and to create a
list of approved animal rescue organizations willing to accept
animals for the purpose of adoption.

SUMMARY OF PROVISIONS:
Section one amends subdivision 4 of section 113 of the agriculture and
markets law to provide that certain specified persons or entities,
with regard to a lost or stolen dog, shall take specified steps to
identify such dog, compare any information about such dog with
records of animals reported to be lost or stolen, and make
information available to the public on the internet or by other
means, if use of the internet is impracticable, to facilitate finding
the owner(s). As soon as practicable, after the owner(s) has been
determined, information regarding such dog's impoundment and the
procedure for redemption shall be given to such owner(s) in person or
by certified mail, return receipt requested. 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(s). 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(s). In, either
case, the owner(s) may redeem such dog by paying the impoundment fees
and by producing proof that such dog has been licensed. Section one
also provides that when maintaining records regarding
any lost or stolen dog, the records shall include any
identification found on the dog, including tag, microchip, tattoo or
license numbers, the breed(s), if known, the approximate size and
weight, coloring and identifying marks on the dog.

Section two amends subdivisions 3, 4 and 11 of section 117 of the agri-
culture and markets law. Subdivision 3 is amended to provide that
certain specified persons or entities shall inspect each dog as soon
as practicable following any seizure and ensure dogs are provided at
least for the redemption period with care and treatment to relieve
any pain and suffering, including necessary immediate veterinary care
and treatment and parasite control, and appropriate vaccinations. The
certain specified persons or entities must also properly shelter,
feed and provide water to each seized dog. Subdivision 4 is amended
to provide that the holding period shall be extended in the event
that the owner(s) has been identified. Subdivision 11 is amended to
provide that no liability in damages or otherwise shall be incurred
on account of the transfer of any dog to a rescue organization.

Section three amends section 373 of the agriculture and markets law by
adding a new subdivision I-b, which provides that when certain
specified persons or entities seize an animal, they shall take
specified steps to identify such animal, compare the information
known about the animal with records of animals reported to be lost or


stolen, and make available to the public on internet or by other
means, if use of the internet is impracticable, a photograph, if
practicable, and a general description of the animal to assist the
owner(s) in finding the animal, though information about the animal
may be withheld if deemed appropriate to facilitate finding the
owner(s) or otherwise to protect the safety of the animal. In
addition, the certain specified persons or entities shall inspect
each animal and provide the animal at least for the redemption period
with care and treatment to relieve any pain and suffering, including
necessary emergency veterinary care and treatment and parasite
control, and appropriate vaccinations. The certain specified person
or entities must also properly shelter, feed, and provide water to
each animal. As soon as practicable, after the owner(s) of an animal
has been determined, information regarding such animal'
s impoundment and the procedure for redemption shall be given to such
owner(s) in person or by certified mail, return receipt requested. 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(s). 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(s) may
redeem such animal by paying the impoundment fees and, in the case of
a dog, by producing proof that such dog has been licensed. The
certain specified persons or entities must make and maintain a
complete record of the intake and subsequent disposition of each
animal. Such record shall include, but not be limited to, any
identification found on the animal, such as any tag, microchip,
tattoo, license numbers, the species, type or breed(s), 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. In the event
the owner(s) is not identified, the certain specified persons or
entities shall hold such animal, whether or not licensed, at least
for a redemption period of five days, during which the specified
persons or entities shall comply with the aforementioned provisions.
If the owner(s) is identified, the holding period shall be extended
and the animal may be redeemed by its owner(s) upon payment of the
impoundment fees, and in the case of a dog, by producing proof that
the dog has been licensed or by purchasing a license at the society,
animal shelter, or pound from which the owner(s)
is redeeming such dog. Animals may be placed sooner than five days
with an animal rescue organization or individual on the list pursuant
to section 374 of the agriculture and markets law as amended by
section four of this bill.

Section four amends section 374 of the agriculture and markets law.
Subdivision 1 is amended to.provide that humane euthanasia shall be
performed to certain specified animals suffering irremediable
physical or psychological pain, or to certain specified animals to
alleviate a contagious, deadly health conditions, or if the owner of
such animal has given his or her written consent to such destruction.
subdivision 2 is amended to add "placement with an organization on a
list of approved organizations' as an option for a humane society,
animal shelter or pound to consider in the case of any animal of
which possession is taken.


Subdivision 3 provides that any impounding organization, as defined in
subdivision six of section 350 of this article, shall maintain a list
of approved 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.
The list shall include information about each such organization such
as contact information, species, types and breeds of animals the
organization is willing to accept, 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 long-term placement and
care. The organizations on the list must be designated under section
501(c)(3) of the internal revenue code. The impounding organization
shall make the current list available to all staff and the public on
the internet on a website maintained by or made available to such
impounding organization by the municipal or county government in
which the impounding organization is located, or posted at its
facility. The notice required may be made by means
other than the internet if use of the internet is impracticable.

In considering whether to include an animal rescue organization on the
list, the impounding organization shall consider whether such animal
rescue organization 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. The impounding organization shall also consider
whether such animal rescue organization maintains a protocol for
containing and managing contagious illness and disease, maintains an
active adoption or placement program or facilities appropriate for
long-term placement, and 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. The impounding organization
must also consider whether such animal rescue organization has
knowingly made any material misrepresentations or
material false statements to the impounding organization's staff or
disrupts or interferes
with the impounding organization's lawful operations.

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 organization should be
approved and also maintained on the list. The animal rescue
organization shall cooperate in providing information the impounding
organization may reasonable 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.

The impounding organization shall not unreasonably withhold approval
of the organization. The impounding organization shall state in
writing the reasons why an animal rescue organization does not meet


the criteria to be placed on the list, or is not approved for some or
all animals, or has been removed from the list. The reasons,
including any acts or omissions, that have resulted in disapproval,
should be stated with sufficient specificity to inform the
organization of the particular criteria that have not been met and
any acts or omissions that have resulted in disapproval, and the
actions required for approval, if possible. The animal rescue
organization that is not approved or removed from the list may at any
time demonstrate that the reasons stated for denying approval have
been remedied and request approval for placement on the list. The
impounding organization shall cooperate by providing reinspections,
if necessary, as soon as practicable after a request for
reconsideration by the animal rescue organization, to determine if
the organization is approved. An impounding organization shall not be
required to consider an animal rescue organization for placement on
the list more than twice annually.

No animal shall be euthanized unless the impounding organization
certifies in writing that it has contacted each of the animal rescue
organizations approved for the species, type or breed of animal, and
that none of the animal rescue organizations contacted were willing
and able to accept transfer of the animal, or if an animal rescue
organization failed to pick up or accept transfer of the animal after
agreeing to do so, that the animal rescue organization was contacted
at the methods of contact provided in the list, and that 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. This paragraph does not apply to euthanasia performed
pursuant to subdivisions one and five of this section.

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. An animal deemed by a court to be dangerous shall be
eligible only for transfer to an animal rescue organization that can
meet the certain requirements for the care and handling of such
animal. The provisions of this subdivision shall not apply to animals
that the impounding organizations have accepted from owners only for
the purpose of humane euthanasia. Impounding organizations may but
are not required to include on the list animal rescue organizations
located outside of the impounding organization's county or adjoining
counties in the state of New York.
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.

Subdivisions 4 and 5 provide technical amendments.

Subdivision 6 replaces "dog or cat" with "animal," inserts the words
"duly incorporated" before the phrases "society for the prevention of
cruelty to animals" and "humane society," and inserts the words "duly
incorporated animal" before the words "protective association." In
addition, subdivision custody or control of any pound, shelter, duly


incorporated society for the prevention of cruelty to animals, duly
incorporated humane society, duly incorporated animal protective
association, dog or animal control officer, peace officer or any
agent thereof for the purpose of placement with an animal rescue
organization on a list maintained pursuant to subdivision 3 of this
section, or placement for the purpose of providing temporary shelter
pending resolution of litigation involving such animal.

Subdivision 7 provides that, in lieu of destruction, redemption or
other disposition pursuant to this section, such impounding
organization may, in its discretion, lawfully and without liability,
deliver such animal for adoption to an animal rescue organization on
the impounding organization's list as required by this section after
the time for redemption has expired.

Subdivision 8 provides a technical amendment.

Subdivision 9 provides that no animal in the custody of 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. Further, no authorized agent of
an animal rescue organization on a list as described in subdivision
three of this section shall use any animal placed in its custody for
the purpose of research, experimentation or testing. Subdivision 9
further provides that 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 the list as described in subdivision three of this
section, or of no such organization is will 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, four, five and six of this section.

Section five amends section 350 of the agriculture and markets law by
defining "impounding organization" as any duly incorporated humane
society, duly incorporated society for the prevention of cruelty to
animals, 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.

Section six provides the effective date.

JUSTIFICATION:
This bill will create a framework for cooperation between animal
rescues and animal shelters to move more animals out of shelters
while giving them the tools to protect animals from ending up in
abusive and/or neglectful situations.


While animal shelters are already required to look for lost owners,
this bill expands the methods by which shelters and dog control
officers must identify a lost pet to include checking for tags,
microchips, tattoos or licenses, comparing the information known
about the dog with records of dogs reported to be lost or stolen, and
making the information available to the public. This will help
reunite more lost pets with their owners.

This bill will also improve the care of animals in shelters. For each
dog seized, the dog control officer or impounding organization must
examine the dog and provide care and treatment to relieve pain and
suffering, including necessary emergency veterinary care and
treatment, parasite control and appropriate vaccinations. The
impounding organization must also provide proper shelter, food and
water.

Lastly, the bill creates a list of qualified animal rescue
organizations for shelters to contact to take animals that would
otherwise be euthanized. The list would include basic information
about each animal rescue organization, the species, types and breeds
of animals the rescue organization is willing to accept, and any
resources available to the rescue organization including veterinary,
rehabilitative or other care, care for special needs animals,
training or behavior modification programs, or appropriate sanctuary
or long-term placement and care. The creation of such list will help
to reduce the number of animals euthanized.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the state

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

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

                                 5433--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 20, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed 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
  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 shall [promptly
make]:
  (A) AS SOON AS PRACTICABLE 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  AVAIL-
ABLE  TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAINTAINED BY OR OTHER-
WISE 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 APPROVED PURSUANT TO
SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS CHAPTER,
AT LEAST DURING THE REDEMPTION PERIOD, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03308-15-1

S. 5433--A                          2

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)  AS  SOON  AS  PRACTICABLE 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, IN ADDITION TO COMPLYING
WITH  THE PROVISIONS OF SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTEEN
OF THIS ARTICLE, shall [be]:
  (A) INSPECT EACH DOG AS SOON AS PRACTICABLE FOLLOWING ANY SEIZURE  AND
ENSURE  DOGS  ARE  PROVIDED AT LEAST FOR THE REDEMPTION PERIOD WITH CARE
AND TREATMENT TO RELIEVE ANY PAIN  AND  SUFFERING,  INCLUDING  NECESSARY
IMMEDIATE VETERINARY CARE AND TREATMENT AND PARASITE CONTROL, AND APPRO-
PRIATE VACCINATIONS, AND
  (B)  properly  [sheltered]  SHELTER,  [fed]  FEED and [watered for the
redemption period as hereinafter provided] PROVIDE WATER.
  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 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  identified  pursuant to the provisions of this article and further
provided that the owner pays the following impoundment fees:

S. 5433--A                          3

  (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, SHALL:
  A.  AS  SOON  AS PRACTICABLE 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
APPROVED PURSUANT TO SUBDIVISION THREE OF SECTION THREE  HUNDRED  SEVEN-
TY-FOUR OF THIS ARTICLE, AT LEAST DURING THE REDEMPTION PERIOD, A PHOTO-
GRAPH, 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 INTER-
NET IF USE OF THE INTERNET IS IMPRACTICABLE.
  B.  INSPECT  EACH  SUCH  ANIMAL  AS  SOON  AS PRACTICABLE AFTER TAKING
POSSESSION AND PROVIDE THE ANIMAL AT LEAST  FOR  THE  REDEMPTION  PERIOD
WITH  CARE  AND  TREATMENT  TO RELIEVE ANY PAIN AND SUFFERING, INCLUDING
NECESSARY IMMEDIATE VETERINARY CARE AND TREATMENT AND PARASITE  CONTROL,
AND APPROPRIATE VACCINATIONS;
  C. PROPERLY SHELTER, FEED, AND PROVIDE WATER TO THE ANIMAL;
  D.  AS  SOON AS PRACTICABLE 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

S. 5433--A                          4

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 IN THE CASE OF A DOG,
BY PRODUCING PROOF THAT THE DOG HAS BEEN LICENSED; 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 IN THIS CHAPTER, WHERE THE OWNER OR
OWNERS OF AN ANIMAL HAS NOT BEEN IDENTIFIED, HOLD SUCH  ANIMAL,  WHETHER
OR  NOT  LICENSED, AT LEAST FOR A REDEMPTION PERIOD OF FIVE DAYS, DURING
WHICH PERIOD THE OFFICER, SOCIETY, POUND OR SHELTER  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 SUBDIVI-
SION FOUR OF SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER  AND  IN  THE
CASE  OF  A DOG, BY PRODUCING PROOF THAT THE DOG HAS BEEN LICENSED OR BY
PURCHASING A LICENSE AT THE SOCIETY, ANIMAL SHELTER, OR POUND FROM WHICH
THE OWNER OR OWNERS IS REDEEMING SUCH DOG.  NOTWITHSTANDING THE  FOREGO-
ING,  ANIMALS  MAY BE PLACED SOONER THAN FIVE DAYS WITH AN ANIMAL RESCUE
ORGANIZATION OR INDIVIDUAL ON THE LIST 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. Section 374 of the agriculture and markets law, as added by chap-
ter 545 of the laws of 1971, subdivisions 1 and 2 as amended by  chapter
449  of  the laws of 2010, subdivisions 3 and 4 as added, paragraph e of
subdivision 8 as amended and subdivisions 7 and 8 as renumbered by chap-
ter 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 paragraph b of subdivision 8 as amended by chapter
419 of the laws of 2010, is amended to read as follows:
  S 374. Humane  destruction  or  other  disposition  of  animals  lost,
strayed,  homeless,  abandoned  or  improperly confined or kept.  1. Any
agent or officer of any duly incorporated humane society, a duly  incor-
porated  society  for  the  prevention  of  cruelty  to animals, any dog
control officer, or any police officer, may lawfully cause to be humane-
ly destroyed (by means  provided  for  in  paragraph  a  of  subdivision
[three]  FOUR  of this section) any animal found abandoned [and], OR not
properly cared for, or any lost, strayed, homeless or unwanted animal[,]
if upon examination a licensed veterinarian shall certify in writing, or
if two reputable citizens called upon by such agent, officer  or  police
officer to view the same in his or her presence find:
  A.  that  the animal is so maimed, diseased, disabled, or infirm so as
to be [unfit for any useful purpose] SUFFERING IRREMEDIABLE PHYSICAL  OR

S. 5433--A                          5

PSYCHOLOGICAL  PAIN  and  that humane euthanasia is warranted; or [after
such agent, officer or police officer has obtained in writing  from  the
owner of such animal his or her consent to such destruction]
  B.  THAT  HUMANE  EUTHANASIA  IS  NECESSARY TO ALLEVIATE A CONTAGIOUS,
DEADLY HEALTH CONDITION; OR
  C. EXCEPT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, THE OWNER
OF SUCH ANIMAL HAS GIVEN HIS OR HER WRITTEN CONSENT TO SUCH  DESTRUCTION
TO SUCH AGENT, OFFICER OR POLICE OFFICER.
  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  after
five  days  make available for adoption, PLACE WITH AN ORGANIZATION ON A
LIST OF APPROVED ORGANIZATIONS THAT IS MAINTAINED PURSUANT  TO  SUBDIVI-
SION  THREE OF THIS SECTION or have humanely destroyed SUBJECT TO AND in
accordance with the provisions of this section and  [subject  to]  PARA-
GRAPH  (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
APPROVED  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  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 MAY BE MAINTAINED ON THE LIST BY
PROVIDING CURRENT INFORMATION AS SET FORTH IN PARAGRAPH B OF THIS SUBDI-
VISION 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-

S. 5433--A                          6

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, IN CONSID-
ERING WHETHER TO INCLUDE AN ANIMAL RESCUE ORGANIZATION ON THE LIST,  THE
IMPOUNDING ORGANIZATION SHALL CONSIDER WHETHER SUCH ANIMAL RESCUE ORGAN-
IZATION:  (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 ENVI-
RONMENT; (2) MAINTAINS A PROTOCOL FOR CONTAINING AND MANAGING CONTAGIOUS
ILLNESS AND DISEASE; (3)  MAINTAINS  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 FIGHTING OR  RESEARCH,  EXPERIMENTATION  OR
TESTING; (6) HAS KNOWINGLY MADE ANY MATERIAL MISREPRESENTATIONS OR MATE-
RIAL  FALSE  STATEMENTS  TO  THE IMPOUNDING ORGANIZATION; AND (7) AVOIDS
BEHAVIOR THAT IS ABUSIVE  TO  THE  IMPOUNDING  ORGANIZATION'S  STAFF  OR
DISRUPTS  OR  INTERFERES WITH THE IMPOUNDING ORGANIZATION'S LAWFUL OPER-
ATIONS.
  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, THAT HAVE RESULTED IN DISAPPROVAL, SHOULD  BE  STATED
WITH  SUFFICIENT SPECIFICITY TO INFORM THE ANIMAL RESCUE ORGANIZATION OF
THE PARTICULAR CRITERIA THAT HAVE NOT BEEN MET AND ANY ACTS OR OMISSIONS
THAT  HAVE  RESULTED  IN  DISAPPROVAL,  AND  THE  ACTIONS  REQUIRED  FOR
APPROVAL,  IF POSSIBLE.   AS SOON AS PRACTICABLE, A COPY OF SUCH WRITTEN
DOCUMENT SHALL BE PROVIDED TO THE ANIMAL RESCUE ORGANIZATION THAT IS NOT
APPROVED 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, AS SOON AS PRACTICABLE 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-

S. 5433--A                          7

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
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 HUMANE EUTHANASIA.
  M. IMPOUNDING ORGANIZATIONS MAY BUT ARE NOT REQUIRED TO INCLUDE ON THE
LIST ANIMAL RESCUE  ORGANIZATIONS  LOCATED  OUTSIDE  OF  THE  IMPOUNDING
ORGANIZATION'S COUNTY OR 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-

S. 5433--A                          8

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 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

S. 5433--A                          9

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.] 7. In lieu of such destruction, redemption or  other  disposition
pursuant  to  this section, such [pound, shelter, or society] IMPOUNDING
ORGANIZATION may, in its discretion,  lawfully  and  without  liability,
deliver  such  animal for adoption to an individual other than the owner
OR AN ANIMAL RESCUE ORGANIZATION ON THE IMPOUNDING  ORGANIZATION'S  LIST
AS REQUIRED BY THIS SECTION after the time for redemption has expired.
  [7.]  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

S. 5433--A                         10

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-
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

S. 5433--A                         11

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,
ANIMAL  SHELTER  OR  POUND  MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT
WITH ANY COUNTY, CITY, TOWN OR VILLAGE, THAT TAKES POSSESSION  OF  ABAN-
DONED,  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.

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