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S03954 Summary:

BILL NOS03954
 
SAME ASSAME AS UNI. A04029
 
SPONSORLAVALLE
 
COSPNSR
 
MLTSPNSR
 
Rpld & add 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; provides a "good samaritan" exemption; exempts transportation of certain animals in motor vehicles designed to transport such animals for agricultural purposes; and provides penalties.
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S03954 Actions:

BILL NOS03954
 
01/31/2017REFERRED TO AGRICULTURE
01/03/2018REFERRED TO AGRICULTURE
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S03954 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3954                                                  A. 4029
 
                               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
 
        IN  ASSEMBLY  --  Introduced  by M. of A. THIELE, CAHILL, CRESPO, ENGLE-
          BRIGHT, McDONOUGH, MONTESANO, MORINELLO, MURRAY, TITONE, RAIA,  ROSEN-
          THAL,  SEPULVEDA,  SKOUFIS  --  Multi-Sponsored  by  -- M. of A. COOK,
          GALEF, JAFFEE, LUPINACCI, 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; and to
          repeal section 353-d of such law relating thereto
 
          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  is
     2  REPEALED and a new section 353-d is added to read as follows:
     3    § 353-d. Confinement of companion animals in unattended vehicles under
     4  conditions  that  endanger  the  health or well-being of an animal. 1. A
     5  person shall not leave or confine an  animal  in  any  unattended  motor
     6  vehicle  under  conditions  that endanger the health or well-being of an
     7  animal due to heat, cold, lack of adequate ventilation, or lack of  food
     8  or  water,  or  other circumstances that could reasonably be expected to
     9  cause suffering, disability, or death to the animal.
    10    2. This section shall not prevent  a  person  from  taking  reasonable
    11  steps that are necessary to remove an animal from a motor vehicle if the
    12  person  holds a reasonable belief that the animal's safety is in immedi-
    13  ate danger from heat, cold, lack of adequate ventilation, lack  of  food
    14  or  water,  or  other circumstances that could reasonably be expected to
    15  cause suffering, disability, or death to the animal.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04495-01-7

        S. 3954                             2                            A. 4029
 
     1    (a) A person who removes an animal from a vehicle in  accordance  with
     2  this  subdivision  is not criminally liable for actions taken reasonably
     3  and in good faith if the person does all of the following:
     4    (i)  determines the vehicle is locked or there is otherwise no reason-
     5  able manner for the animal to be removed from the vehicle;
     6    (ii) has a good faith belief that forcible entry into the  vehicle  is
     7  necessary  because the animal is in imminent danger of suffering harm if
     8  it is not immediately removed from the  vehicle,  and,  based  upon  the
     9  circumstances  known  to the person at the time, the belief is a reason-
    10  able one;
    11    (iii) has contacted a local law enforcement agency, the  fire  depart-
    12  ment,  animal  control, or the "911" emergency service prior to forcibly
    13  entering the vehicle;
    14    (iv) remains with the animal in a safe location, out of  the  elements
    15  but reasonably close to the vehicle, until a peace officer, humane offi-
    16  cer, animal control officer, or another emergency responder arrives;
    17    (v) used no more force to enter the vehicle and remove the animal from
    18  the vehicle than was necessary under the circumstances; and
    19    (vi)  immediately  turns  the animal over to a representative from law
    20  enforcement, animal control, or another emergency responder who responds
    21  to the scene.
    22    (b) There shall not be any civil liability on  the  part  of,  and  no
    23  cause  of  action  shall accrue against, a person for property damage or
    24  trespass to a motor vehicle, if the damage was caused while  the  person
    25  was  rescuing  an  animal  in accordance with this section. The immunity
    26  from civil liability for property damage to a  motor  vehicle  does  not
    27  affect  a  person's civil liability or immunity from civil liability for
    28  rendering aid to an animal.
    29    3. This section shall not prevent a  police  officer,  peace  officer,
    30  peace  officer acting as an agent of a duly incorporated humane society,
    31  firefighter, humane officer, animal control officer, or other  emergency
    32  responder  from  removing an animal from a motor vehicle if the animal's
    33  safety appears to be in  immediate  danger  from  heat,  cold,  lack  of
    34  adequate ventilation, lack of food or water, or other circumstances that
    35  could reasonably be expected to cause suffering, disability, or death to
    36  the animal.
    37    (a)  A police officer, peace officer, peace officer acting as an agent
    38  of a duly incorporated  humane  society,  firefighter,  humane  officer,
    39  animal  control  officer,  or  other  emergency responder who removes an
    40  animal from a motor vehicle, or who takes possession of an  animal  that
    41  has  been  removed from a motor vehicle, shall deliver the animal to the
    42  duly incorporated humane society or society for the prevention of cruel-
    43  ty to animals, or designated agent thereof, in  the  jurisdiction  where
    44  the  animal  or animals were seized, or, if the officer deems necessary,
    45  to a veterinary hospital for treatment. The owner of the animal  removed
    46  from  the  vehicle  may be required to pay for charges that have accrued
    47  for the maintenance, care, medical  treatment,  or  impoundment  of  the
    48  animal.
    49    (b) A peace officer, firefighter, humane officer, animal control offi-
    50  cer,  or  other emergency responder is authorized to take all steps that
    51  are reasonably necessary for the removal of an animal from a motor vehi-
    52  cle, including, but not limited to, breaking  into  the  motor  vehicle,
    53  after  a reasonable effort to locate the owner or other person responsi-
    54  ble.
    55    (c) A peace officer, firefighter, humane officer, animal control offi-
    56  cer, or other emergency responder who removes an  animal  from  a  motor

        S. 3954                             3                            A. 4029
 
     1  vehicle  or  who  receives an animal rescued from a vehicle from another
     2  person shall, in a secure and conspicuous  location  on  or  within  the
     3  motor  vehicle, leave written notice bearing his or her name and office,
     4  and  the  address  of  the location where the animal can be claimed. The
     5  animal may be claimed by the owner only after  payment  of  all  charges
     6  that  have  accrued  for  the  maintenance,  care, medical treatment, or
     7  impoundment of the animal.
     8    (d) Except as provided in paragraphs (a) and (c) of this  subdivision,
     9  this  section does not affect in any way existing liabilities or immuni-
    10  ties in current law, or create any new immunities or liabilities.
    11    4. Nothing in this  section  shall  preclude  prosecution  under  this
    12  section  or  any  other  provision of law, including local laws or ordi-
    13  nances.
    14    5. Nothing in this section shall be deemed to prohibit the transporta-
    15  tion of horses, cattle, pigs,  sheep,  poultry,  or  other  agricultural
    16  animals  in  motor vehicles designed to transport such animals for agri-
    17  cultural purposes.
    18    6. Unless  the  animal  suffers  serious  injury  or  death,  a  first
    19  conviction  for  violation  of  this section is punishable by a fine not
    20  exceeding one hundred dollars per animal. If the animal suffers  serious
    21  injury or death, a violation of this section is punishable by a fine not
    22  exceeding five hundred dollars or imprisonment not exceeding six months,
    23  or  both. Any subsequent violation of this section, regardless of injury
    24  or death to the animal, is also punishable by a fine not exceeding  five
    25  hundred dollars or imprisonment not exceeding six months, or both.
    26    § 2. This act shall take effect immediately.
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