Bill Text: NY A06373 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to the release of animals from a pound or shelter; makes a technical correction to include the release of certain animals from shelters; provides 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 society or duly incorporated animal protective association.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-22 - signed chap.83 [A06373 Detail]
Download: New_York-2011-A06373-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6373--A 2011-2012 Regular Sessions I N A S S E M B L Y March 16, 2011 ___________ Introduced by M. of A. CAHILL, ROSENTHAL -- read once and referred 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 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: 1 Section 1. Subdivision 7-a of section 117 of the agriculture and 2 markets law, as amended by chapter 419 of the laws of 2010 and such 3 section as renumbered by section 12 of part T of chapter 59 of the laws 4 of 2010, is amended to read as follows: 5 7-a. Any animal in the custody of a pound OR SHELTER shall be made 6 available for adoption or euthanized subject to subdivisions six, eight 7 and nine of this section and subject to the provisions of section three 8 hundred seventy-four of this chapter after the time for redemption has 9 expired; provided, however, that such release may be made to another 10 such pound, duly incorporated society for the prevention of cruelty to 11 animals, duly incorporated humane society or duly incorporated animal 12 protective association for the sole purpose of placing such animal in an 13 adoptive home, when such action is reasonably believed to improve the 14 opportunity for adoption. 15 S 2. Subdivisions 5 and 6 of section 374 of the agriculture and 16 markets law, subdivision 5 as added and subdivision 6 as renumbered by 17 chapter 479 of the laws of 2009 and subdivision 6 as amended by chapter 18 674 of the laws of 1980, are amended to read as follows: 19 5. No person shall release any dog or cat from the custody or control 20 of any pound, shelter, society for the prevention of cruelty to animals, 21 humane society, dog protective association, dog control officer, peace 22 officer or any agent thereof, for any purpose except adoption or redemp- 23 tion by its owner, PROVIDED, HOWEVER, THAT AFTER THE TIME FOR REDEMPTION 24 HAS EXPIRED, RELEASE MAY BE MADE TO ANOTHER SUCH POUND, DULY INCORPO- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09872-02-1 A. 6373--A 2 1 RATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPO- 2 RATED HUMANE SOCIETY OR DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATION 3 FOR THE SOLE PURPOSE OF PLACING SUCH ANIMAL IN AN ADOPTIVE HOME WHEN 4 SUCH ACTION IS REASONABLY BELIEVED TO IMPROVE THE OPPORTUNITY FOR 5 ADOPTION. Notwithstanding the penalties set forth in paragraph b of 6 subdivision three of this section and paragraph b of subdivision four of 7 this section, any violation of this subdivision, subdivision two, three 8 or four of this section, shall constitute a misdemeanor and shall be 9 punishable by imprisonment for not more than one year, or by a fine of 10 not more than one thousand dollars, or by both. 11 6. In lieu of such destruction [or], redemption OR OTHER DISPOSITION 12 PURSUANT TO THIS SECTION, such POUND, SHELTER, OR society may in its 13 discretion lawfully and without liability deliver such animal for 14 adoption to an individual other than the owner after the time for 15 redemption has expired. 16 S 3. This act shall take effect immediately.