S T A T E   O F   N E W   Y O R K
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                                 3911--A
    Cal. No. 349

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be  committed  to  the  Committee  on  Agriculture  --
  reported  favorably  from  said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in the order of third
  reading

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  release of animals from a pound or shelter

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7-a of  section  117  of  the  agriculture  and
markets  law,  as  amended  by  chapter 419 of the laws of 2010 and such
section as renumbered by section 12 of part T of chapter 59 of the  laws
of 2010, is amended to read as follows:
  7-a.  Any  animal  in  the custody of a pound OR SHELTER shall be made
available for adoption or euthanized subject to subdivisions 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 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 reasonably believed  to  improve  the
opportunity for adoption.
  S  2.  Subdivisions  5  and  6  of  section 374 of the agriculture and
markets law, subdivision 5 as added and subdivision 6 as  renumbered  by
chapter  479 of the laws of 2009 and subdivision 6 as amended by chapter
674 of the laws of 1980, are amended to read as follows:
  5. No person shall release any dog or cat from the custody or  control
of any pound, shelter, society for the prevention of cruelty to animals,
humane  society,  dog protective association, dog control officer, peace

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

                                                           LBD09872-03-1

S. 3911--A                          2

officer or any agent thereof, for any purpose except adoption or redemp-
tion by its owner, PROVIDED, HOWEVER, THAT AFTER THE TIME FOR REDEMPTION
HAS EXPIRED, RELEASE MAY BE MADE TO ANOTHER SUCH  POUND,  DULY  INCORPO-
RATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPO-
RATED HUMANE SOCIETY OR DULY INCORPORATED 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.  Notwithstanding  the  penalties  set  forth in paragraph b of
subdivision three of this section and paragraph b of subdivision four of
this section, any violation of this subdivision, subdivision two,  three
or  four  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 [or], 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.
  S 3. This act shall take effect immediately.