NY State Assembly Bill 2011-A1774

Assembly Bill A1774

2011-2012 Legislative Session

Relates to the recovery of abandoned animals from property that has been vacated through lease termination, property foreclosure or abandonment

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2012	enacting clause stricken
Jan 04, 2012	referred to judiciary
Dec 07, 2011	print number 1774a
Dec 07, 2011	amend and recommit to judiciary
Jan 11, 2011	referred to judiciary

Bill Amendments

Original

A (Active)

2011-A1774 - Details

Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §242, RPAP L; amd §331, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:: A11033

2011-A1774 - Summary

Relates to the recovery of abandoned animals from property that has been vacated through lease termination, property foreclosure or abandonment; provides that an animal shall then be subject to disposition under section 117 and 374 of the agriculture and markets law.

2011-A1774 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1774

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property actions and proceedings  law  and  the
  agriculture  and markets law, in relation to the recovery of abandoned
  animals from property that has been vacated through lease termination,
  property foreclosure or abandonment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 242 to read as follows:
  S  242.  RECOVERY  OF  ABANDONED  ANIMALS. 1. NOTWITHSTANDING SECTIONS
THIRTEEN HUNDRED SEVEN AND NINETEEN HUNDRED SEVENTY-ONE OF THIS  CHAPTER
OR  ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY WHO
ENCOUNTERS AN ABANDONED ANIMAL IN  A  PROPERTY  THAT  HAS  BEEN  VACATED
THROUGH  LEASE  TERMINATION,  PROPERTY  FORECLOSURE OR ABANDONMENT SHALL
IMMEDIATELY NOTIFY ANIMAL CONTROL OFFICERS OR ANY OTHER AUTHORIZED AGENT
FOR THE PURPOSE OF IMMEDIATELY RETRIEVING SUCH ANIMAL.
  2. FOR PURPOSES OF THIS SECTION, THE PERSON  OR  PRIVATE  ENTITY  THAT
NOTIFIES  ANIMAL CONTROL OFFICERS OR OTHER AUTHORIZED AGENTS TO RETRIEVE
THE ABANDONED ANIMAL OR  THE  SUCCESSOR  PROPERTY  OWNER  SHALL  NOT  BE
CONSIDERED THE KEEPER OF THE ANIMAL OR THE AGENT OF THE ANIMAL'S OWNER.
  3. THE ABANDONED ANIMAL RECOVERED BY THE ANIMAL CONTROL OFFICER OR ANY
OTHER  AUTHORIZED  AGENT  SHALL BE SUBJECT TO THE DISPOSITION PROVISIONS
PROVIDED BY SECTION THREE HUNDRED  THIRTY-TWO  OF  THE  AGRICULTURE  AND
MARKETS LAW.
  S 2. Section 331 of the agriculture and markets law, as added by chap-
ter 328 of the laws of 1961, is amended to read as follows:
  S 331. Abandonment of certain animals. An animal is deemed to be aban-
doned when [it] :

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01800-01-1

A. 1774                             2

  1. IT is placed in the custody of a veterinarian, veterinary hospital,
boarding  kennel  owner  or  operator,  stable owner or operator, or any
other person for treatment, board, or care and:
  [1.]  (A) Having been placed in such custody for a specified period of
time the animal is not removed at the end of such specified period and a
notice to remove the animal within ten days thereafter has been given to
the person who placed the animal in such custody, by means of registered
letter mailed to the last known address of such person[, or:].
  [2.] (B) Having been placed in such custody for an unspecified  period
of  time  the  animal  is not removed within twenty days after notice to
remove the animal has been given to the person who placed the animal  in
such  custody,  by means of a registered letter mailed to the last known
address of such person.
  [3.] (C) The giving of notice as prescribed in this section  shall  be
deemed  a  waiver  of any lien on the animal for the treatment, board or
care of the animal but shall not relieve the owner of the animal removed
of  his  contractual  liability  for  such  treatment,  board  or   care
furnished.
  2.  IT  IS  FOUND  IN  A  PROPERTY THAT HAS BEEN VACATED THROUGH LEASE
TERMINATION, PROPERTY FORECLOSURE OR ABANDONED BY THE TENANT OR OWNER.
  S 3. This act shall take effect immediately.

2011-A1774A (ACTIVE) - Details

Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §242, RPAP L; amd §331, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:: A11033

2011-A1774A (ACTIVE) - Summary

2011-A1774A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1774--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the real property actions and proceedings law and the
  agriculture and markets law, in relation to the recovery of  abandoned
  animals from property that has been vacated through lease termination,
  property foreclosure or abandonment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 242 to read as follows:
  S 242. RECOVERY OF  ABANDONED  ANIMALS.  1.  NOTWITHSTANDING  SECTIONS
THIRTEEN  HUNDRED SEVEN AND NINETEEN HUNDRED SEVENTY-ONE OF THIS CHAPTER
OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY  WHO
ENCOUNTERS  AN  ABANDONED  ANIMAL  IN  A  PROPERTY THAT HAS BEEN VACATED
THROUGH LEASE TERMINATION, PROPERTY  FORECLOSURE  OR  ABANDONMENT  SHALL
IMMEDIATELY NOTIFY ANIMAL CONTROL OFFICERS OR ANY OTHER AUTHORIZED AGENT
FOR THE PURPOSE OF IMMEDIATELY RETRIEVING SUCH ANIMAL.
  2.  FOR  PURPOSES  OF  THIS SECTION, THE PERSON OR PRIVATE ENTITY THAT
NOTIFIES ANIMAL CONTROL OFFICERS OR OTHER AUTHORIZED AGENTS TO  RETRIEVE
THE  ABANDONED  ANIMAL  OR  THE  SUCCESSOR  PROPERTY  OWNER SHALL NOT BE
CONSIDERED THE KEEPER OF THE ANIMAL OR THE AGENT OF THE ANIMAL'S OWNER.
  3. THE ABANDONED ANIMAL RECOVERED BY THE ANIMAL CONTROL OFFICER OR ANY
OTHER AUTHORIZED AGENT SHALL BE SUBJECT TO  THE  DISPOSITION  PROVISIONS
PROVIDED   BY   SECTIONS   ONE   HUNDRED  SEVENTEEN  AND  THREE  HUNDRED
SEVENTY-FOUR OF THE AGRICULTURE AND MARKETS LAW.
  S 2. Section 331 of the agriculture and markets law, as added by chap-
ter 328 of the laws of 1961, is amended to read as follows:
  S 331. Abandonment of certain animals. An animal is deemed to be aban-
doned when [it] :

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01800-02-1

A. 1774--A                          2

  1. IT is placed in the custody of a veterinarian, veterinary hospital,
boarding kennel owner or operator, stable  owner  or  operator,  or  any
other person for treatment, board, or care and:
  [1.]  (A) Having been placed in such custody for a specified period of
time the animal is not removed at the end of such specified period and a
notice to remove the animal within ten days thereafter has been given to
the person who placed the animal in such custody, by means of registered
letter mailed to the last known address of such person[, or:].
  [2.] (B) Having been placed in such custody for an unspecified  period
of  time  the  animal  is not removed within twenty days after notice to
remove the animal has been given to the person who placed the animal  in
such  custody,  by means of a registered letter mailed to the last known
address of such person.
  [3.] (C) The giving of notice as prescribed in this section  shall  be
deemed  a  waiver  of any lien on the animal for the treatment, board or
care of the animal but shall not relieve the owner of the animal removed
of  his  contractual  liability  for  such  treatment,  board  or   care
furnished.
  2.  IT  IS  FOUND  IN  A  PROPERTY THAT HAS BEEN VACATED THROUGH LEASE
TERMINATION, PROPERTY FORECLOSURE OR ABANDONED BY THE TENANT OR OWNER.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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