STATE OF NEW YORK ________________________________________________________________________ 4796--A Cal. No. 938 2017-2018 Regular Sessions IN SENATE March 1, 2017 ___________ Introduced by Sen. LANZA -- 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, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the agriculture and markets law, in relation to the proper venue for an impounding organization to file a petition for a security The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 6 of section 373 of the agricul- 2 ture and markets law, as amended by chapter 531 of the laws of 2013, is 3 amended to read as follows: 4 a. If any animal is seized and impounded pursuant to the provisions of 5 this section, section three hundred fifty-three-d of this article or 6 section three hundred seventy-five of this article for any violation of 7 this article, upon arraignment of charges, or within a reasonable time 8 thereafter, the duly incorporated society for the prevention of cruelty 9 to animals, humane society, pound, animal shelter or any authorized 10 agents thereof, hereinafter referred to for the purposes of this section 11 as the "impounding organization", may file a petition with the court in 12 which criminal charges have been filed requesting that the person from 13 whom an animal is seized or the owner of the animal be ordered to post a 14 security. The district attorney prosecuting the charges may file and 15 obtain the requested relief on behalf of the impounding organization if 16 requested to do so by the impounding organization. The security shall be 17 in an amount sufficient to secure payment for all reasonable expenses 18 expected to be incurred by the impounding organization in caring and 19 providing for the animal pending disposition of the charges. Reasonable 20 expenses shall include, but not be limited to, estimated medical care 21 and boarding of the animal for at least thirty days. The amount of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06444-07-7S. 4796--A 2 1 security, if any, shall be determined by the court after taking into 2 consideration all of the facts and circumstances of the case including, 3 but not limited to the recommendation of the impounding organization 4 having custody and care of the seized animal and the cost of caring for 5 the animal. If a security has been posted in accordance with this 6 section, the impounding organization may draw from the security the 7 actual reasonable costs to be incurred by such organization in caring 8 for the seized animal. 9 § 2. This act shall take effect immediately.