S T A T E O F N E W Y O R K
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5794--A
2009-2010 Regular Sessions
I N S E N A T E
June 5, 2009
___________
Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules -- recommitted
to the Committee on Agriculture in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to the
release of animals to a pound, duly incorporated society for the
prevention of cruelty to animals, duly incorporated humane society or
duly incorporated animal protective association in certain cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-e and paragraph b of subdivision 5 of section
374 of the agriculture and markets law, subdivision 2-e as added by
chapter 619 of the laws of 1987 and paragraph b of subdivision 5 as
added by chapter 569 of the laws of 1995, are amended to read as
follows:
2-e. 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; PROVIDED, HOWEVER THAT SUCH
RELEASE MAY BE MADE TO ANOTHER SUCH POUND, DULY INCORPORATED SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY
OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION FOR THE SOLE PURPOSE
OF PLACING SUCH ANIMAL IN AN ADOPTIVE HOME, WHEN SUCH ACTION IS REASON-
ABLY BELIEVED TO IMPROVE THE OPPORTUNITY FOR ADOPTION OR FOR THE PURPOSE
OF PROVIDING TEMPORARY SHELTER PENDING RESOLUTION OF LITIGATION INVOLV-
ING SUCH ANIMAL. Any violation of this subdivision, or subdivision
two-a, two-b, two-c or two-d of this section shall constitute a misde-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00609-07-0
S. 5794--A 2
meanor 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.
NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT OR
RESTRICT THE RESPONSIBILITIES OR AUTHORITY OTHERWISE PROVIDED FOR IN
THIS SECTION.
b. Pursuant to the provisions of subdivisions two-a, two-b, two-c
[and], two-d AND TWO-E of this section, no [dog or cat] ANIMAL in the
custody of a duly incorporated society for the prevention of cruelty to
animals, a duly incorporated humane society [or its authorized agents
thereof], DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, [or a] pound
or [shelter] ITS AUTHORIZED AGENTS THEREOF, 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 incor-
porated humane society, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION
OR POUND shall use any animal placed in its custody by the duly incorpo-
rated society for the prevention of cruelty to animals or duly incorpo-
rated humane society for the purpose of research, experimentation or
testing.
S 2. Paragraph b of subdivision 8 of section 374 of the agriculture
and markets law, as amended by chapter 479 of the laws of 2009, is
amended to read as follows:
b. Pursuant to the provisions of subdivisions two, three, four and
five of this section, no [dog or cat] ANIMAL in the custody of a duly
incorporated society for the prevention of cruelty to animals, a duly
incorporated humane society [or its authorized agents thereof], DULY
INCORPORATED ANIMAL PROTECTIVE ASSOCIATION, [or a] pound or [shelter]
ITS AUTHORIZED AGENTS THEREOF, shall be sold, transferred or otherwise
made available to any person for the purpose of research, experimenta-
tion or testing. No authorized agent of a duly incorporated society for
the prevention of cruelty to animals, nor of a duly incorporated humane
society, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION OR POUND 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 for the purpose of research, experimentation or testing.
S 3. Subdivision 7-a of section 118 of the agriculture and markets
law, as amended by chapter 619 of the laws of 1987, is amended to read
as follows:
7-a. Any [dog or cat] ANIMAL in the custody of a pound [or shelter]
shall be made available for adoption or euthanized subject to the
provisions of subdivisions two-a, two-b, two-c, two-d, and two-e of
section three hundred seventy-four of this chapter after the time for
redemption has expired; PROVIDED, HOWEVER THAT SUCH RELEASE MAY BE MADE
TO ANOTHER SUCH POUND, DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY OR DULY INCORPO-
RATED ANIMAL PROTECTIVE ASSOCIATION FOR THE SOLE PURPOSE OF PLACING SUCH
ANIMAL IN AN ADOPTIVE HOME, WHEN SUCH ACTION IS REASONABLY BELIEVED TO
IMPROVE THE OPPORTUNITY FOR ADOPTION.
S 4. Subdivision 7-a of section 118 of the agriculture and markets
law, as amended by chapter 479 of the laws of 2009, is amended to read
as follows:
7-a. Any [dog or cat] ANIMAL in the custody of a pound [or shelter]
shall be made available for adoption or euthanized subject to subdivi-
sions six, eight and nine of this section and subject to the provisions
of section three hundred seventy-four of this chapter after the time for
redemption has expired; PROVIDED, HOWEVER, THAT SUCH RELEASE MAY BE MADE
S. 5794--A 3
TO ANOTHER SUCH POUND, DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY OR DULY INCORPO-
RATED ANIMAL PROTECTIVE ASSOCIATION FOR THE SOLE PURPOSE OF PLACING SUCH
ANIMAL IN AN ADOPTIVE HOME, WHEN SUCH ACTION IS REASONABLY BELIEVED TO
IMPROVE THE OPPORTUNITY FOR ADOPTION.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law; provided, that the amendments to subdivision 2-e of
section 374 of the agriculture and markets law made by section one of
this act shall be subject to the repeal of such subdivision and shall be
deemed repealed therewith; and provided further, that sections two and
four of this act shall take effect on the same date and in the same
manner as chapter 479 of the laws of 2009 takes effect.
