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BILL NUMBER:S6502A

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 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 on property vacated through a lease termination, property foreclosure or eviction.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Section 373 of the Agriculture and Markets law to add a new subdivision 2-a. This new subdivision would require those authorized persons who encounter animals on foreclosed or abandoned properties to notify an animal control officer within six hours of discovery of such an abandoned animal. In addition, the bill language 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 and other properties across New York have been abandoned as owners default on their mortgages or renters are evicted from their homes. This downward economic trend has led to a corresponding increase in animal abandonment as companion animals are left behind. Through this legislation, those who are authorized to be on property that has been abandoned or vacated and who encounter abandoned animals will have the basic framework contained in the law regarding the proper notification of animal care and control officials of the plight of such abandoned animals. This legislation is needed to help prevent the needless pain, starvation and death that is being inflicted on such animals as a result of owners and caretakers leaving them behind on these properties.

PRIOR LEGISLATIVE HISTORY: A.1774 of 2011, A.11033 of 2010.

FISCAL IMPLICATIONS: None.

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

Text

STATE OF NEW YORK
________________________________________________________________________

6502--A

IN SENATE

February 17, 2012
___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. Section 373 of the agriculture and markets law  is  amended
by adding a new subdivision 2-a to read as follows:
  2-A.  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
ANIMAL  WHICH BASED ON ITS PHYSICAL APPEARANCE OR LACK OF AVAILABLE FOOD
OR WATER APPEARS ABANDONED ON SUCH  PROPERTY  SHALL  PROMPTLY,  BUT  NOT
LATER  THAN SIX HOURS AFTER SUCH ENCOUNTER, NOTIFY THE DOG CONTROL OFFI-
CER, 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 TREATMENT OF ANIMALS. FAILURE TO PROVIDE  NOTIFI-
CATION AS PROVIDED FOR IN THIS SUBDIVISION SHALL BE A VIOLATION.
  B.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14580-07-2
S. 6502--A                          2

OTHER  LAW  RELATING TO ABANDONMENT OF ANIMALS OR THE INHUMANE TREATMENT
OF OR CRUELTY TO ANIMALS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.