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A02881 Summary:

BILL NOA02881
 
SAME ASSAME AS S06365
 
SPONSORLupardo
 
COSPNSR
 
MLTSPNSR
 
Amd §373, Ag & Mkts L
 
Relates to the inspection of property that has been vacated for abandoned animals; requires property owners and lessors to inspect such property within three days and to immediately notify the appropriate authorities when such person finds an animal which appears to be abandoned.
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A02881 Actions:

BILL NOA02881
 
01/31/2023referred to agriculture
01/03/2024referred to agriculture
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A02881 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2881
 
SPONSOR: Lupardo
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to requir- ing property owners and lessors of certain properties that have been vacated to inspect such property for abandoned animals   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require landlords to inspect vacated properties within three days to ensure no animals were left abandoned.   SUMMARY OF PROVISIONS: Section 1: Section 373 of the Agriculture and Markets Law is amended by a new subdivision 2-a. Section 2: Effective Date.   JUSTIFICATION: Often times when people are forced from their homes it is due to finan- cial reasons or a change in lifestyle or re-location. These types of reasons for vacating a home can occasionally lead individuals to make hasty and desperate decisions for their pets. These types of decisions can also have profound and sometime lethal consequences for their aban- doned pets. This legislation would require owners of real property to inspect vacated properties within three days to check to see that no animals were left abandoned in the home. The bill would require the landowner to notify animal control, police or SPCA in order for the animal to be removed or cared for until such time as it can be removed. The legis- lation also clarifies that the landlord is not deemed the owner of such animal and failure to check for abandon pets will result in a fine to be paid into the animal population control fund. Massachusetts passed a similar law in 2018.   PRIOR LEGISLATIVE HISTORY: Formerly A-1769 of 2022, died in Agriculture Committee.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This legislation will have no local fiscal implications; any fines collected will be deposited into the State's Animal population control fund.   EFFECTIVE DATE: This act shall take effect immediately.
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A02881 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2881
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2023
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to  requir-
          ing  property  owners and lessors of certain properties that have been
          vacated to inspect such property for abandoned animals

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 373 of the agriculture and markets law is amended
     2  by adding a new subdivision 2-a to read as follows:
     3    2-a. a. Notwithstanding sections thirteen hundred seven  and  nineteen
     4  hundred  seventy-one of the real property actions and proceedings law or
     5  any other provision of law to the contrary, the property owner or lessor
     6  of property that has been vacated as a result of an  eviction,  property
     7  foreclosure,  forfeiture  or  default  on a mortgage, trust deed or land
     8  sales contract, or abandonment,  or  such  property  owner  or  lessor's
     9  designee,  shall,  not  more than three days after a property owner or a
    10  lessor knew or should have known  that  a  property  has  been  vacated,
    11  inspect the property for the presence of abandoned animals. If the prop-
    12  erty owner, lessor, or designee encounters an animal which appears to be
    13  abandoned  on such property, such owner, lessor, or designee shall imme-
    14  diately notify the dog control officer, the police, or agent or  officer
    15  of  a duly incorporated society for the prevention of cruelty to animals
    16  about such encounter, for the purpose of promptly retrieving or  provid-
    17  ing  necessary care for such animal at the property until the animal can
    18  be retrieved. The property owner, lessor, or designee who encounters  an
    19  abandoned  animal  pursuant  to  this  paragraph shall not be deemed the
    20  owner, possessor or person having charge or custody of the animal.
    21    b. A property owner or lessor, or  such  property  owner  or  lessor's
    22  designee,  who  fails  to comply with the requirements of paragraph a of
    23  this subdivision shall be subject to a civil penalty of  not  more  than
    24  five  hundred dollars for a first offense and not more than one thousand
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05017-01-3

        A. 2881                             2
 
     1  dollars for a second offense and  each  subsequent  offense  thereafter.
     2  Funds collected pursuant to this subdivision shall be deposited into the
     3  animal  population  control fund established pursuant to section ninety-
     4  seven-xx of the state finance law.
     5    c.  Nothing in this section shall be construed to limit or restrict in
     6  any way agents or officers of societies for the prevention of cruelty to
     7  animals or the police from enforcing provisions of this article  or  any
     8  other  law  relating to abandonment of animals or the inhumane treatment
     9  of or cruelty to animals.
    10    § 2. This act shall take effect immediately.
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