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S03954 Summary:

BILL NOS03954A
 
SAME ASSAME AS UNI. A04029-A
 
SPONSORLAVALLE
 
COSPNSRBOYLE, BROOKS
 
MLTSPNSR
 
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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S03954 Actions:

BILL NOS03954A
 
01/31/2017REFERRED TO AGRICULTURE
01/03/2018REFERRED TO AGRICULTURE
05/29/2018AMEND (T) AND RECOMMIT TO AGRICULTURE
05/29/2018PRINT NUMBER 3954A
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S03954 Text:



 
                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.
                                                                   LBD04495-02-8

        S. 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.
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