S6502-2011 Actions

• Jun 1, 2012: PRINT NUMBER 6502A
• Jun 1, 2012: AMEND (T) AND RECOMMIT TO AGRICULTURE
• Feb 17, 2012: REFERRED TO AGRICULTURE

S6502-2011 Memo

BILL NUMBER:S6502

TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to the care
and collection of abandoned animals on vacant property

PURPOSE OR GENERAL IDEA OF BILL
The purpose of this legislation is to require 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, property foreclosure or eviction.

SUMMARY OF SPECIFIC PROVISIONS:
Section 373 of the agriculture and markets law is amended by adding
subdivisions 2-a and 8. Subdivision 2-a requires those who encounter
animals on foreclosed or abandoned properties to notify an animal
control officer within six hours of discovery. Subdivision 8 ensures
that this law does not limit or restrict animal control officers or the
police from enforcing any other law relating to abandonment of animals
or the humane treatment of or cruelty to animals.

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.

PRIOR LEGISLATIVE HISTORY:
A.1774  of 2011
A.11022 of 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it shall have become law.

S6502-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6502
 I N  SENATE
 February 17, 2012
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Agriculture
 

AN ACT to amend the agriculture and markets law, in relation to the care
 and collection of abandoned animals on vacant property
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section 373 of the agriculture and markets law is amended
 to by adding two new subdivisions 2-a and 8 to read as follows:

 2-A. NOTWITHSTANDING SECTIONS  THIRTEEN  HUNDRED  SEVEN  AND  NINETEEN
 HUNDRED  SEVENTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW OR
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY WHO  IS
 AUTHORIZED  TO  BE  ON  PROPERTY THAT HAS BEEN VACATED AS A RESULT OF AN
 EVICTION, PROPERTY FORECLOSURE, FORFEITURE OR  DEFAULT  ON  A  MORTGAGE,
 TRUST  DEED  OR  LAND  SALES  CONTRACT, OR ABANDONMENT WHO ENCOUNTERS AN
 ABANDONED ANIMAL ON SUCH PROPERTY SHALL PROMPTLY, BUT NOT LATER THAN SIX
 HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL OFFICER, THE  POLICE,
 OR AGENT OR OFFICER OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
 CRUELTY  TO  ANIMALS  ABOUT  SUCH ENCOUNTER, FOR THE PURPOSE OF PROMPTLY
 RETRIEVING OR PROVIDING NECESSARY CARE FOR SUCH ANIMAL AT  THE  PROPERTY
 UNTIL  THE  ANIMAL  CAN  BE RETRIEVED. ANIMALS REMOVED FROM THE PREMISES
 SHALL BE PLACED IN THE CUSTODY OF A POUND, DULY INCORPORATED SOCIETY FOR
 THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE  SOCIETY,
 OR  DULY  INCORPORATED  ANIMAL  PROTECTIVE  ASSOCIATION AND CARED FOR IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,  SECTION  THREE  HUNDRED
 SEVENTY-FOUR  OF  THIS  ARTICLE,  SECTION  ONE HUNDRED SEVENTEEN OF THIS
 CHAPTER, AND ALL OTHER LAWS AND ORDINANCES THAT GOVERN THE HUMANE TREAT
 MENT OF ANIMALS. FAILURE TO PROVIDE NOTIFICATION AS PROVIDED FOR IN THIS
 SUBDIVISION SHALL BE A VIOLATION.
 8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR RESTRICT  IN
 ANY WAY AGENTS OR OFFICERS OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO
 ANIMALS  OR  THE POLICE FROM ENFORCING PROVISIONS OF THIS ARTICLE OR ANY
 OTHER LAW RELATING TO ABANDONMENT OF ANIMALS OR THE HUMANE TREATMENT  OF
 OR CRUELTY TO ANIMALS.
 

S  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14580-01-2

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