|SAME AS||SAME AS S03412|
|COSPNSR||Miller MG, Mosley|
|Amd §373, Ag & Mkts L|
|Relates to the care and collection of abandoned animals on vacant property; requires notification to the appropriate authorities by anyone authorized to be on vacant land where such person finds an animal which based on its physical appearance or lack of available food or water appears abandoned, within six hours of an encounter.|
|01/10/2019||referred to judiciary|
A00750 Committee Votes:Go to top
A00750 Floor Votes:
There are no votes for this bill in this legislative session.Go to top
Go to top
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A750 SPONSOR: Rosenthal L
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the care and collection of animals on vacant property   PURPOSE: This bill requires the notification of an animal control officer or other authorized agent when authorized persons encounter an animal that has been abandoned on property vacated through lease termination, prop- erty foreclosure or eviction.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 373 of the agriculture and markets law by adding subdivision 2-a. Section two sets forth the effective date.   JUSTIFICATION: As a consequence of the sub-prime mortgage crisis and the broader economic downturn, residential properties across New York have been abandoned as owners default or renters are evicted from their homes. This economic trend has led to a corresponding increase in animal aban- donment as companion animals are left behind. Through this legislation, those who encounter abandoned animals will have the basic framework regarding the proper notification of animal care and control officials. This legislation is needed to help prevent the starvation and death of animals as a result of owners and caretakers leaving them behind on these properties.   LEGISLATIVE HISTORY: 2017-18: A.4168 - Referred to Judiciary 2015-16: A.686 - Referred to Judiciary 2013-14: A.1083 - Referred to Judiciary 2011-12: A.9319-B - Referred to Judiciary   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect on the sixtieth day after it shall have become law.
Go to top
STATE OF NEW YORK ________________________________________________________________________ 750 2019-2020 Regular Sessions IN ASSEMBLY January 10, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, M. G. MILLER, MOSLEY -- read once and referred to the Committee on Judiciary AN ACT to amend the agriculture and markets law, in relation to the care and collection of animals on vacant property 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, any person or entity who is 6 authorized to be on property that has been vacated as a result of an 7 eviction, property foreclosure, forfeiture or default on a mortgage, 8 trust deed or land sales contract, or abandonment who encounters an 9 animal which based on its physical appearance or lack of available food 10 or water appears abandoned on such property shall promptly, but not 11 later than six hours after such encounter, notify the dog control offi- 12 cer, the police, or agent or officer of a duly incorporated society for 13 the prevention of cruelty to animals about such encounter, for the 14 purpose of promptly retrieving or providing necessary care for such 15 animal at the property until the animal can be retrieved. Animals 16 removed from the premises shall be placed in the custody of a pound, 17 duly incorporated society for the prevention of cruelty to animals, duly 18 incorporated humane society, or duly incorporated animal protective 19 association and cared for in accordance with the provisions of this 20 section, section three hundred seventy-four of this article, section one 21 hundred seventeen of this chapter, and all other laws and ordinances 22 that govern the humane treatment of animals. Failure to provide notifi- 23 cation as provided for in this subdivision shall be a violation. 24 b. Nothing in this section shall be construed to limit or restrict in 25 any way agents or officers of societies for the prevention of cruelty to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03134-01-9A. 750 2 1 animals or the police from enforcing provisions of this article or any 2 other law relating to abandonment of animals or the inhumane treatment 3 of or cruelty to animals. 4 § 2. This act shall take effect on the sixtieth day after it shall 5 have become a law.