Bill Text: NY A01099 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the disposition of abused farm animals; provides that convicted individuals and those in their households or those who aided or abetted in the unlawful acts or should have known or knew of such acts may not be entitled to any monies generated from the sale of the farm animals which were the basis of such conviction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to agriculture [A01099 Detail]
Download: New_York-2017-A01099-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1099 2017-2018 Regular Sessions IN ASSEMBLY January 10, 2017 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the disposition of abused farm animals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs d, g and subparagraph 2 of paragraph f of subdi- 2 vision 8 of section 374 of the agriculture and markets law, as added by 3 chapter 569 of the laws of 1995 and such subdivision as renumbered by 4 chapter 479 of the laws of 2009, are amended to read as follows: 5 d. In the case of farm animals, the court may, in addition to the 6 forfeiture to a duly incorporated society for the prevention of cruelty 7 to animals or a duly incorporated humane society or authorized agents 8 thereof, and subject to the restrictions of sections three hundred 9 fifty-four and three hundred fifty-seven of this article, order the farm 10 animals which were the basis of the conviction to be sold. In no case 11 shall farm animals which are the basis of the conviction be redeemed by 12 the convicted person who is the subject of the order of forfeiture or by 13 any person dwelling in the same household who conspired, aided or abet- 14 ted in the unlawful act which was the basis of the conviction, or who 15 knew or should have known of the unlawful act. [The] In no case shall 16 the convicted person or any person dwelling in the same household who 17 conspired, aided or abetted in the unlawful act which was the basis of 18 the conviction, or who knew or should have known of the unlawful act be 19 entitled to any monies generated from the sale of farm animals which 20 were the basis of the conviction. Except as otherwise provided herein or 21 in section three hundred seventy-three of this article, the court shall 22 reimburse [the convicted person and] any duly determined interested 23 persons, pursuant to paragraph f of this subdivision, any money earned 24 by the sale of the farm animals less any costs including, but not limit- 25 ed to, veterinary and custodial care, and any fines or penalties imposed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05354-01-7A. 1099 2 1 by the court. The court may order that the subject animals be provided 2 with appropriate care and treatment pending the hearing and the disposi- 3 tion of the charges. Any farm animal ordered forfeited but not sold 4 shall be remanded to the custody and charge of a duly incorporated soci- 5 ety for the prevention of cruelty to animals or duly incorporated humane 6 society or its authorized agent thereof and disposed of pursuant to 7 paragraph e of this subdivision. 8 (2) [All] Except as otherwise provided herein or in section three 9 hundred seventy-three of this article, all interested persons shall be 10 provided an opportunity at the hearing to redeem their interest as 11 determined by the court in the subject farm animals and to purchase the 12 interest of the convicted person. The convicted person or any person 13 dwelling in the same household who conspired, aided or abetted in the 14 unlawful act which was the basis of the conviction, or who knew or 15 should have known of the unlawful act shall not be entitled to be reim- 16 bursed his interest in the farm animals[, less any costs, fines or17penalties imposed by the court, as specified under paragraph d of this18subdivision]. In no case shall the court award custody or control of the 19 animals to any interested person who conspired, aided or abetted in the 20 unlawful act which was the basis of the conviction, or who knew or 21 should have known of the unlawful act. 22 g. Nothing in this section shall be construed to limit or restrict in 23 any way the rights of a secured party having a security interest in any 24 farm animal described in this section[. This] except that the convicted 25 person or any person dwelling in the same household who conspired, aided 26 or abetted in the unlawful act which was the basis of the conviction, or 27 who knew or should have known of the unlawful act shall not be entitled 28 to be reimbursed his interest in the farm animals. Except as otherwise 29 provided herein or in section three hundred seventy-three of this arti- 30 cle, this section expressly does not impair or subordinate the rights of 31 such a secured lender having a security interest in farm animals or in 32 the proceeds from the sale of such farm animals. 33 § 2. Subparagraphs 3 and 4 of paragraph b of subdivision 6 of section 34 373 of the agriculture and markets law, as added by chapter 256 of the 35 laws of 1997, are amended to read as follows: 36 (3) In the case of an animal other than a companion animal or pet, if 37 a person ordered to post security fails to do so, the court may, in 38 addition to the forfeiture to a duly incorporated society for the 39 prevention of cruelty to animals, humane society, pound, animal shelter 40 or any authorized agents thereof, and subject to the restrictions of 41 sections three hundred fifty-four, three hundred fifty-seven and three 42 hundred seventy-four of this article, order the animal which was the 43 basis of the order to be sold, provided that all interested persons 44 shall first be provided the opportunity to redeem their interest in the 45 animal and to purchase the interest of the person ordered to post secu- 46 rity, subject to such conditions as the court deems appropriate to 47 assure proper care and treatment of the animal. The court [may] shall 48 not reimburse the person ordered to post security [and] or any person 49 dwelling in the same household who conspired, aided or abetted in the 50 unlawful act which was the basis of the conviction or who knew or should 51 have known of the unlawful act any money earned by the sale of the 52 animal but may reimburse any other interested persons any money earned 53 by the sale of the animal less any costs including, but not limited to, 54 veterinary and custodial care. Any animal determined by the court to be 55 maimed, diseased, disabled or infirm so as to be unfit for sale or any 56 useful purpose shall be forfeited to a duly incorporated society for theA. 1099 3 1 prevention of cruelty to animals or a duly incorporated humane society 2 or authorized agents thereof, and be available for adoption or shall be 3 euthanized subject to section three hundred seventy-four of this arti- 4 cle. 5 (4) [Nothing] Except as otherwise provided herein or in section three 6 hundred seventy-four of this article, nothing in this section shall be 7 construed to limit or restrict in any way the rights of a secured party 8 having a security interest in any animal described in this section. 9 [This] Except as otherwise provided herein or in section three hundred 10 seventy-four of this article, this section expressly does not impair or 11 subordinate the rights of such a secured lender having a security inter- 12 est in the animal or in the proceeds from the sale of such animal. 13 § 3. This act shall take effect immediately.
