A04464 Summary:

BILL NOA04464
 
SAME ASNo Same As
 
SPONSORMorinello
 
COSPNSRSayegh, DeStefano, Brabenec, McDonough, Miller B, DiPietro, Mikulin, Salka
 
MLTSPNSRManktelow, Walsh
 
Amd §353-d, Ag & Mkts L
 
Relates to the confinement of companion animals in vehicles in extreme temperatures.
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A04464 Actions:

BILL NOA04464
 
02/04/2021referred to agriculture
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A04464 Committee Votes:

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A04464 Floor Votes:

There are no votes for this bill in this legislative session.
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A04464 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4464
 
SPONSOR: Morinello
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the confinement of companion animals in vehicles in extreme temperatures   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to protect persons acting reasonably and in good faith from criminal and civil liability resulting from removing a companion animal from a vehicle in extreme temperatures.   SUMMARY OF SPECIFIC PROVISIONS: The bill amends Section 353-d of the Agriculture and Markets Law to allow a person to remove a companion animal from a vehicle in extreme temperatures without civil or criminal liability. A person must take necessary steps before removing animal: *Check to see if the vehicle doors are unlocked; *Make a good faith effort to locate the owner of the vehicle that the animal is in; *Call the police or 911; and *Call the local Animal Control Officer or Humane Society. If after all these steps have been completed and the person determines that an animal is in imminent danger, he or she may break a window. The animal owner will be held liable for any veterinary care necessary due to being left in the extreme temperature. Any such animal which is turned over to the local Humane Society shall be held for a held for at least three (3) days before being put up for adoption.   JUSTIFICATION: Recent current events brought to the attention that New York State law does not currently protect all individuals from civil and criminal liability if they break a vehicle's window in order remove a companion animal from a vehicle in extreme temperatures. This legislation moves to remedy that problem by protecting all persons removing an animal from a motor vehicle in extreme temperatures. The Humane Society of the United States notes that on an 85-degree day, the temperature inside a car with the windows opened slightly can reach 102 degrees within 10 minutes. After 30 minutes, the temperature will reach 120 degrees. Extreme temperatures can cause animals left in the car to sustain brain damage, heatstroke, suffocation, or death. Pets respond differently to heat than humans do, hot temperatures are extra hard on dogs, who can only cool themselves down by panting and sweating through their paw pads.   PRIOR LEGISLATIVE HISTORY: A.4630 of 2019-20 A.5609 of 2017-18 A.7715A of 2015-16   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A04464 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4464
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced  by  M.  of  A. MORINELLO, SAYEGH, DeSTEFANO, BRABENEC, McDO-
          NOUGH, B. MILLER, DiPIETRO, MIKULIN, SALKA -- Multi-Sponsored by -- M.
          of A. MANKTELOW, WALSH -- 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 vehicles in extreme temperatures
 
          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 137 of the laws of 2019, 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.   For the  purposes
     9  of  this  section,  extreme temperatures shall be defined as any temper-
    10  ature lower than thirty-two degrees fahrenheit or  higher  than  seventy
    11  degrees fahrenheit.
    12    2.  Where the operator of such a vehicle cannot be promptly located, a
    13  [police officer, peace officer, peace officer acting as an  agent  of  a
    14  duly  incorporated humane society, emergency medical services personnel,
    15  paid firefighter, or volunteer firefighter who  in  the  performance  of
    16  such  volunteer  firefighter's  duties are directed to respond to a call
    17  for assistance for such animal]  person  may  take  necessary  steps  to
    18  remove  the  animal  or  animals from the vehicle. Necessary steps shall
    19  include:
    20    (a) checking to see if any of the doors to the vehicle are unlocked;
    21    (b) making a good faith effort to locate the owner of the vehicle; and
    22    (c) calling the police or 911.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08768-01-1

        A. 4464                             2
 
     1    If after all these steps have been completed and a  person  determines
     2  an  animal is in imminent danger, he or she may break a window to remove
     3  the animal from the vehicle.
     4    Upon arrival at the vehicle, the responding police officer or officers
     5  shall  take  custody  of the animal and ensure it is taken to a location
     6  designated by the municipality where the incident occurred.
     7    3. [Police officers, peace officers, peace officers acting  as  agents
     8  of  a  duly  incorporated  humane  society,  emergency  medical services
     9  personnel, paid firefighters,  or  volunteer  firefighters  who  in  the
    10  performance  of such volunteer firefighters' duties or emergency medical
    11  services personnel are directed to respond to a call for assistance  for
    12  such  animal]  A  person  removing  an  animal or animals from a vehicle
    13  pursuant to this section shall place a written notice on or in the vehi-
    14  cle, bearing the name of [the officer or agent, and  the  department  or
    15  agency and address] such person and the location designated by the muni-
    16  cipality  and  other contact information, if available, where the animal
    17  or animals will be taken by the responding police officer or officers of
    18  the municipality where the incident occurred.
    19    4. An animal or animals  removed  from  a  vehicle  pursuant  to  this
    20  section  shall[,  after  receipt  of  any necessary emergency veterinary
    21  treatment, be delivered to the duly incorporated humane society or soci-
    22  ety for the prevention of cruelty to animals, or designated agent there-
    23  of,] be turned over by the responding the police officer or officers  to
    24  a location designated by the municipality where the incident occurred in
    25  the jurisdiction where the animal or animals were seized.
    26    5. Any person who knowingly violates the provisions of subdivision one
    27  of  this section shall be guilty of a violation, punishable by a fine of
    28  not less than fifty dollars nor more than  one  hundred  dollars  for  a
    29  first  offense, and a fine of not less than one hundred dollars nor more
    30  than two hundred and fifty dollars for a second and subsequent offenses.
    31    6. [Officers, emergency medical services personnel  and  firefighters]
    32  Any  person  who knowingly violates the provisions of subdivision one of
    33  this section shall be responsible for the cost of any necessary  veteri-
    34  nary care that results from such violation.
    35    7.  If  the location designated by the municipality where the incident
    36  occurred is the local humane society, the animal shall  be  held  for  a
    37  minimum of three days before it is put up for adoption.
    38    8.  A person acting under this section shall not be held criminally or
    39  civilly liable for actions taken reasonably and in good faith in  carry-
    40  ing out the provisions of this section.
    41    [7.] 9. Nothing contained in this section shall be construed to affect
    42  any  other  protections  afforded  to  companion animals under any other
    43  provisions of this article.
    44    § 2. This act shall take effect immediately.
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