|SAME AS||SAME AS UNI. A04029-A|
|COSPNSR||BOYLE, BROOKS, SEPULVEDA|
|Amd §353-d, Ag & Mkts L|
|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 as persons authorized to remove such companion animals from unattended vehicles because of extreme temperatures; and provides penalties.|
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STATE OF NEW YORK ________________________________________________________________________ S. 3954--A A. 4029--A 2017-2018 Regular Sessions SENATE - ASSEMBLY January 31, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. THIELE, CAHILL, CRESPO, ENGLE- BRIGHT, McDONOUGH, MONTESANO, MORINELLO, MURRAY, TITONE, RAIA, L. ROSENTHAL, SKOUFIS, D'URSO, LUPARDO -- Multi-Sponsored by -- M. of A. BLAKE, COOK, GALEF, JAFFEE, B. MILLER, MOSLEY, SIMON -- read once and referred to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 -- 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 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, paid firefighter, or a volunteer 12 firefighter who in the performance of such volunteer firefighter's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04495-02-8S. 3954--A 2 A. 4029--A 1 duties is directed to respond to a call for assistance for such animal 2 may take necessary steps to remove the animal or animals from the vehi- 3 cle. 4 3. Police officers, peace officers [ or], peace officers acting as 5 agents of a duly incorporated humane society, paid firefighter, or a 6 volunteer firefighter who in the performance of such volunteer fire- 7 fighter's duties is directed to respond to a call for assistance for 8 such animal removing an animal or animals from a vehicle pursuant to 9 this section shall place a written notice on or in the vehicle, bearing 10 the name of the officer or agent, and the department or agency and 11 address and other contact information, if available, where the animal or 12 animals will be taken. 13 4. An animal or animals removed from a vehicle pursuant to this 14 section shall, after receipt of any necessary emergency veterinary 15 treatment, be delivered to the duly incorporated humane society or soci- 16 ety for the prevention of cruelty to animals, or designated agent there- 17 of, in the jurisdiction where the animal or animals were seized. 18 5. Any person who knowingly violates the provisions of subdivision one 19 of this section shall be guilty of a violation, punishable by a fine of 20 not less than fifty dollars nor more than one hundred dollars for a 21 first offense, and a fine of not less than one hundred dollars nor more 22 than two hundred and fifty dollars for a second and subsequent offenses. 23 6. Officers and firefighters shall not be held criminally or civilly 24 liable for actions taken reasonably and in good faith in carrying out 25 the provisions of this section. 26 7. Nothing contained in this section shall be construed to affect any 27 other protections afforded to companion animals under any other 28 provisions of this article. 29 § 2. This act shall take effect immediately.