Bill Text: NY A07053 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the confinement of companion animals in unattended motor vehicles under conditions that endanger the health or well-being of an animal and what can be done in the event an animal is seen suffering; adds paid or volunteer firefighters and emergency services personnel as persons authorized to remove such companion animals from unattended vehicles because of extreme temperatures; and provides penalties.

Spectrum: Slight Partisan Bill (Democrat 15-5)

Status: (Engrossed) 2019-06-20 - RETURNED TO ASSEMBLY [A07053 Detail]

Download: New_York-2019-A07053-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 5054                                                  A. 7053
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      April 4, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sens.  LAVALLE, MARTINEZ, BOYLE, BROOKS,
          SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
          committed to the Committee on Domestic Animal Welfare
        IN  ASSEMBLY  --  Introduced  by M. of A. THIELE, CAHILL, CRESPO, ENGLE-
          BRIGHT, McDONOUGH, MONTESANO, MORINELLO, RAIA,  L. ROSENTHAL,  D'URSO,
          LUPARDO,  FERNANDEZ  --  Multi-Sponsored  by  -- M. of A. BLAKE, COOK,
          GALEF, JAFFEE, B. MILLER, MOSLEY, SIMON -- read once and  referred  to
          the Committee on Agriculture
        AN  ACT  to  amend  the  agriculture and markets law, in relation to the
          confinement of companion animals in unattended  motor  vehicles  under
          conditions that endanger the health or well-being of an animal
          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    § 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 places
     7  the companion animal in imminent danger of  death  or  serious  physical
     8  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
    11  a  duly  incorporated humane society, emergency medical services person-
    12  nel, paid firefighter, or volunteer firefighter who in  the  performance
    13  of such volunteer firefighter's duties are directed to respond to a call
    14  for  assistance  for  such animal may take necessary steps to remove the
    15  animal or animals from the vehicle.
    16    3. Police officers, peace officers  [or],  peace  officers  acting  as
    17  agents of a duly incorporated humane society, emergency medical services
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10418-02-9

        S. 5054                             2                            A. 7053
     1  personnel,  paid  firefighters,  or  volunteer  firefighters  who in the
     2  performance of such volunteer firefighters' duties or emergency  medical
     3  services  personnel are directed to respond to a call for assistance for
     4  such  animal  removing  an  animal or animals from a vehicle pursuant to
     5  this section shall place a written notice on or in the vehicle,  bearing
     6  the  name  of  the  officer  or  agent, and the department or agency and
     7  address and other contact information, if available, where the animal or
     8  animals will be taken.
     9    4. An animal or animals  removed  from  a  vehicle  pursuant  to  this
    10  section  shall,  after  receipt  of  any  necessary emergency veterinary
    11  treatment, be delivered to the duly incorporated humane society or soci-
    12  ety for the prevention of cruelty to animals, or designated agent there-
    13  of, in the jurisdiction where the animal or animals were seized.
    14    5. Any person who knowingly violates the provisions of subdivision one
    15  of this section shall be guilty of a violation, punishable by a fine  of
    16  not  less  than  fifty  dollars  nor more than one hundred dollars for a
    17  first offense, and a fine of not less than one hundred dollars nor  more
    18  than two hundred and fifty dollars for a second and subsequent offenses.
    19    6.  Officers,  emergency  medical  services personnel and firefighters
    20  shall not be held criminally or civilly liable for actions taken reason-
    21  ably and in good faith in carrying out the provisions of this section.
    22    7. Nothing contained in this section shall be construed to affect  any
    23  other   protections  afforded  to  companion  animals  under  any  other
    24  provisions of this article.
    25    § 2. This act shall take effect immediately.
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