Bill Text: NY S06418 | 2013-2014 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-18 - referred to codes [S06418 Detail]

Download: New_York-2013-S06418-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6418                                                  A. 8563
                             S E N A T E - A S S E M B L Y
                                   January 22, 2014
                                      ___________
       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 -- read once and referred
         to the Committee on Agriculture
       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-
   21  ety for the prevention of cruelty to animals, or designated agent there-
   22  of, in the jurisdiction where the animal or animals were seized.
   23    5.  Any  person who [knowingly] violates the provisions of subdivision
   24  one of this section shall be guilty of a violation, punishable by a fine
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11691-01-3
       S. 6418                             2                            A. 8563
    1  of not less than TWO HUNDRED fifty dollars  nor  more  than  [one]  FIVE
    2  hundred  dollars  for a first offense, and a fine of not less than [one]
    3  FIVE hundred dollars nor more than [two hundred and fifty] ONE  THOUSAND
    4  dollars for a second and subsequent offenses.
    5    6. Officers shall not be held criminally or civilly liable for actions
    6  taken  reasonably  and  in  good faith in carrying out the provisions of
    7  this section.
    8    7. Nothing contained in this section shall be construed to affect  any
    9  other   protections  afforded  to  companion  animals  under  any  other
   10  provisions of this article.
   11    S 2. This act shall take effect immediately.
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