S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4081--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 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, NOT MORE THAN THREE DAYS AFTER A PROPERTY  OWNER  OR  A
 LESSOR  KNEW  OR  SHOULD  HAVE  KNOWN  THAT A PROPERTY HAS BEEN VACATED,
 INSPECT THE PROPERTY FOR THE PRESENCE OF ABANDONED ANIMALS. IF THE PROP-
 ERTY OWNER, LESSOR, OR DESIGNEE ENCOUNTERS AN ANIMAL WHICH APPEARS TO BE
 ABANDONED ON SUCH PROPERTY, SUCH OWNER, LESSOR, OR DESIGNEE SHALL  IMME-
 DIATELY  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 PROVID-
 ING 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, POSSESSOR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02881-02-1

 S. 4081--A                          2
 
 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.
 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.