A02129 Summary:

SPONSORRosenthal L
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.
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A02129 Actions:

01/14/2021referred to judiciary
05/26/2021reported referred to codes
01/05/2022referred to codes
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A02129 Committee Votes:

JUDICIARY Chair:Lavine DATE:05/26/2021AYE/NAY:20/1 Action: Favorable refer to committee Codes

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A02129 Floor Votes:

There are no votes for this bill in this legislative session.
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A02129 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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: 2019-20: A.750 - Referred to Judiciary; S.3412 -Passed Senate 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.
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A02129 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2021
        Introduced  by  M.  of  A. L. ROSENTHAL -- 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.

        A. 2129                             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.
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