The New York State Senate

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

                                  8841

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2019
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  requir-
  ing  property  owners and lessors of certain properties that have been
  vacated to inspect such property for abandoned animals

  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, THE PROPERTY OWNER OR LESSOR
OF 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,  OR  SUCH  PROPERTY  OWNER  OR  LESSOR'S
DESIGNEE, SHALL, WITHIN THREE DAYS OF SUCH VACANCY, INSPECT THE PROPERTY
FOR THE PRESENCE OF ABANDONED ANIMALS. IF THE PROPERTY OWNER, LESSOR, OR
DESIGNEE  ENCOUNTERS  AN  ANIMAL  WHICH  APPEARS TO BE ABANDONED ON SUCH
PROPERTY, SUCH OWNER, LESSOR, OR DESIGNEE SHALL IMMEDIATELY  NOTIFY  THE
DOG  CONTROL OFFICER, THE POLICE, OR AGENT OR OFFICER OF A DULY INCORPO-
RATED 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.
THE PROPERTY OWNER, LESSOR, OR  DESIGNEE  WHO  ENCOUNTERS  AN  ABANDONED
ANIMAL PURSUANT TO THIS PARAGRAPH SHALL NOT BE DEEMED THE OWNER, POSSES-
SOR OR PERSON HAVING CHARGE OR CUSTODY OF THE ANIMAL.
  B.  A  PROPERTY  OWNER  OR  LESSOR, OR SUCH PROPERTY OWNER OR LESSOR'S
DESIGNEE, WHO FAILS TO COMPLY WITH THE REQUIREMENTS OF  PARAGRAPH  A  OF
THIS  SUBDIVISION  SHALL  BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN
FIVE HUNDRED DOLLARS FOR A FIRST OFFENSE AND NOT MORE THAN ONE  THOUSAND
DOLLARS  FOR  A  SECOND  OFFENSE AND EACH SUBSEQUENT OFFENSE THEREAFTER.

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

                                                           LBD14262-01-9

A. 8841                             2

FUNDS COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED INTO THE
ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-
SEVEN-XX OF THE STATE FINANCE LAW.
  C.  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 INHUMANE TREATMENT
OF OR CRUELTY TO ANIMALS.
  § 2. This act shall take effect immediately.