Bill Text: NY A03031 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to the penalties for the confinement of companion animals in vehicles at times of extreme temperature.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A03031 Detail]

Download: New_York-2015-A03031-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2102                                                  A. 3031
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 21, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Agriculture
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE, ROSENTHAL, BROOK-KRASNY,
         SKOUFIS, OTIS -- read once and referred to the Committee  on  Agricul-
         ture
       AN  ACT  to  amend  the  agriculture and markets law, in relation to the
         penalties for the confinement of  companion  animals  in  vehicles  at
         times of extreme temperature
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 353-d of the agriculture and markets law, as  added
    2  by chapter 586 of the laws of 2008, is amended to read as follows:
    3    S 353-d. Confinement of companion animals in vehicles: extreme temper-
    4  atures.  1.  A  person  shall  not confine a companion animal in a motor
    5  vehicle in extreme heat or cold  without  proper  ventilation  or  other
    6  protection  from such extreme temperatures where such confinement [plac-
    7  es] MAY PLACE the companion animal in imminent danger of death or  seri-
    8  ous physical injury due to exposure to such extreme heat or cold.
    9    2.  Where the operator of such a vehicle cannot be promptly located, a
   10  police officer, peace officer, or peace officer acting as an agent of  a
   11  duly  incorporated humane society may take necessary steps to remove the
   12  animal or animals from the vehicle.
   13    3. Police officers, peace officers or peace officers acting as  agents
   14  of a duly incorporated humane society removing an animal or animals from
   15  a vehicle pursuant to this section shall place a written notice on or in
   16  the  vehicle,  bearing the name of the officer or agent, and the depart-
   17  ment or agency and address where the animal or animals will be taken.
   18    4. An animal or animals  removed  from  a  vehicle  pursuant  to  this
   19  section  shall,  after  receipt  of  any  necessary emergency veterinary
   20  treatment, be delivered to the duly incorporated humane society or soci-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07196-01-5
       S. 2102                             2                            A. 3031
    1  ety for the prevention of cruelty to animals, or designated agent there-
    2  of, in the jurisdiction where the animal or animals were seized.
    3    5. Any person who knowingly violates the provisions of subdivision one
    4  of  this section shall be guilty of a violation, punishable by a fine of
    5  not less than TWO HUNDRED fifty dollars nor more than [one] FIVE hundred
    6  dollars for a first offense, and a fine of  not  less  than  [one]  FIVE
    7  hundred  dollars  nor  more  than  [two  hundred and fifty] ONE THOUSAND
    8  dollars for a second and subsequent offenses.
    9    6. Officers shall not be held criminally or civilly liable for actions
   10  taken reasonably and in good faith in carrying  out  the  provisions  of
   11  this section.
   12    7.  Nothing contained in this section shall be construed to affect any
   13  other  protections  afforded  to  companion  animals  under  any   other
   14  provisions of this article.
   15    S 2. This act shall take effect immediately.
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