senate Bill S6418A

2013-2014 Legislative Session

Relates to the penalties for the confinement of companion animals in vehicles at times of extreme temperature

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to codes
delivered to assembly
passed senate
May 28, 2014 amended on third reading 6418a
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.504
Jan 22, 2014 referred to agriculture

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6418 - Bill Details

See Assembly Version of this Bill:
A8563A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-d, Ag & Mkts L

S6418 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6418 REVISED MEMO 01/24/2014

TITLE OF BILL: 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

PURPOSE:

This legislation increases the penalties for confinement of a
companion animal in a vehicle during times of extreme hot or cold
temperatures.

SUMMARY OF PROVISIONS:

Section 353-d of the Agriculture and Markets Law is amended to set a
more protective standard for companion animals relating to their
removal from a vehicle by a police officer, peace officer or peace
officer acting as an agent of a duly incorporated human society.
Further, this amendment provides that any person who violates the
provisions of this Section shall be guilty of a violation punishable
by an increased fine of $250-5500 for the first offense (raised from
$50-$100) and $500-$1,000 for a second and subsequent violations
(raised from $100-$250).

JUSTIFICATION:

Confinement of a companion animal in a vehicle during times of extreme
hot or cold temperatures can cause injury and death, even in a short
period of time. According to People for the Ethical Treatment of
Animals (PETA), on a 78 degree day, the temperature inside a parked
car can soar between 100 and 120 degrees in just minutes, and on a 90
degree day, the interior temperature can reach as high as 160 degrees
in less than 10 minutes. Animals can sustain brain damage or even die
from heat stroke in as little as 15 minutes. During times of cold
weather, vehicles trapping in the cold can potentially cause an animal
to freeze to death.

Section 353-d of the Agriculture and Markets Law prohibits persons
from confining a companion animal in a motor vehicle in extreme heat
or cold temperatures without proper ventilation or other protection
from such extreme temperatures where such confinement places the
companion animal in imminent danger of death or serious physical
injury. Any person who "knowingly' violates the provisions of this
Section of law shall be guilty of a violation punishable by a fine of
not less than $50 nor more than $100 for the first offense and a fine
of not less than $100 nor more than $250 for second and subsequent
offenses. Despite the current law and ongoing efforts to raise
awareness and educate the public on the dangers of such torturous
confinement, too many cases continue to be reported. It is necessary
to provide stronger deterrents to prevent further tragedies.

This legislation increases the penalties for any person who violates
the provisions of this Section of Law to $250-$500 for the first
offense and $500-$1,000 for second and subsequent offenses. It sets a
more protective standard for companion animals by permitting an
officer to remove companion animals from a vehicle in instances where


such confinement may place them in imminent danger of death or serious
physical injury.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

Immediately.

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                    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:

  Section  1. Section 353-d of the agriculture and markets law, as added
by chapter 586 of the laws of 2008, is amended to read as follows:
  S 353-d. Confinement of companion animals in vehicles: extreme temper-
atures. 1. A person shall not confine a  companion  animal  in  a  motor
vehicle  in  extreme  heat  or  cold without proper ventilation or other
protection from such extreme temperatures where such confinement  [plac-
es]  MAY PLACE the companion animal in imminent danger of death or seri-
ous physical injury due to exposure to such extreme heat or cold.
  2. Where the operator of such a vehicle cannot be promptly located,  a
police  officer, peace officer, or peace officer acting as an agent of a
duly incorporated humane society may take necessary steps to remove  the
animal or animals from the vehicle.
  3.  Police officers, peace officers or peace officers acting as agents
of a duly incorporated humane society removing an animal or animals from
a vehicle pursuant to this section shall place a written notice on or in
the vehicle, bearing the name of the officer or agent, and  the  depart-
ment or agency and address where the animal or animals will be taken.
  4.  An  animal  or  animals  removed  from  a vehicle pursuant to this
section shall, after  receipt  of  any  necessary  emergency  veterinary
treatment, be delivered to the duly incorporated humane society or soci-
ety for the prevention of cruelty to animals, or designated agent there-
of, in the jurisdiction where the animal or animals were seized.
  5.  Any  person who [knowingly] violates the provisions of subdivision
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

of not less than TWO HUNDRED fifty dollars  nor  more  than  [one]  FIVE
hundred  dollars  for a first offense, and a fine of not less than [one]
FIVE hundred dollars nor more than [two hundred and fifty] ONE  THOUSAND
dollars for a second and subsequent offenses.
  6. Officers shall not be held criminally or civilly liable for actions
taken  reasonably  and  in  good faith in carrying out the provisions of
this section.
  7. Nothing contained in this section shall be construed to affect  any
other   protections  afforded  to  companion  animals  under  any  other
provisions of this article.
  S 2. This act shall take effect immediately.

S6418A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8563A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-d, Ag & Mkts L

S6418A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6418A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: This legislation increases the
penalties for confinement of a companion animal in a vehicle during
times of extreme hot or cold temperatures.

SUMMARY OF SPECIFIC PROVISIONS:

Section 353-d the Agriculture and Markets Law is amended to set a more
protective standard for companion animals relating to their removal
from a vehicle by a police officer, peace officer or peace officer
acting as an agent of a duly incorporated human society. Further, this
amendment provides that any person who knowingly violates the
provisions of this Section shall be guilty of a violation punishable
by an increased fine of $250-$500 for the first offense (raised from
$50100), and $500-$1,000 for a second and subsequent violations
(raised from $100-$250).

JUSTIFICATION: Confinement of a companion animal in a vehicle during
times of extreme hot or cold temperatures can cause injury and death,
even in a short period of time. According to People for the Ethical
Treatment of Animals (PETA), on a 78-degree day, the temperature
inside a parked car can soar between 100 and 120 degrees in just
minutes, and on a 90-degree day, the interior temperature can reach as
high as 160 degrees in less than 10 minutes. Animals can sustain brain
damage or even die from heat stroke in as little as 15 minutes. During
times of cold weather, vehicles trapping in the cold can potentially
cause an animal to freeze to death.

Section 353-d of the Agriculture and Markets Law prohibits persons
from confining a companion animal in a motor vehicle in extreme heat
or cold temperatures without proper ventilation or other protection
from such extreme temperatures where such confinement places the
companion animal in imminent danger of death or serious physical
injury. Any person who knowingly violates the provisions of this
Section of law shall be guilty of a violation punishable by a fine of
not less than $50 nor more than $100 for the first offense, and a fine
of not less than $100 nor more than $250 for second and subsequent
offenses. Despite the current law and ongoing efforts to raise
awareness and educate the public on the dangers of such torturous
confinement, too many cases continue to be reported. It is necessary
to provide stronger deterrents to prevent further tragedies.

This legislation increases the penalties for any person who violates
the provisions of this Section of law to $250-$500 for the first
offense and to $500-$1,000 for second and subsequent offenses. It sets
a more protective standard for companion animals by permitting an
officer to remove companion animals from a vehicle in instances where
such confinement may place them in imminent danger of death or serious
physical injury.

PRIOR LEGISLATIVE HISTORY: 2014: New Legislation


FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6418--A                                            A. 8563--A
    Cal. No. 504

                      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
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. THIELE, ROSENTHAL, BROOK-KRASNY --
  read  once  and  referred to the Committee on Agriculture -- 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
  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:

  Section  1. Section 353-d of the agriculture and markets law, as added
by chapter 586 of the laws of 2008, is amended to read as follows:
  S 353-d. Confinement of companion animals in vehicles: extreme temper-
atures. 1. A person shall not confine a  companion  animal  in  a  motor
vehicle  in  extreme  heat  or  cold without proper ventilation or other
protection from such extreme temperatures where such confinement  [plac-
es]  MAY PLACE the companion animal in imminent danger of death or seri-
ous physical injury due to exposure to such extreme heat or cold.
  2. Where the operator of such a vehicle cannot be promptly located,  a
police  officer, peace officer, or peace officer acting as an agent of a
duly incorporated humane society may take necessary steps to remove  the
animal or animals from the vehicle.
  3.  Police officers, peace officers or peace officers acting as agents
of a duly incorporated humane society removing an animal or animals from
a vehicle pursuant to this section shall place a written notice on or in
the vehicle, bearing the name of the officer or agent, and  the  depart-
ment or agency and address where the animal or animals will be taken.
  4.  An  animal  or  animals  removed  from  a vehicle pursuant to this
section shall, after  receipt  of  any  necessary  emergency  veterinary

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11691-02-4

S. 6418--A                          2                         A. 8563--A

treatment, be delivered to the duly incorporated humane society or soci-
ety for the prevention of cruelty to animals, or designated agent there-
of, in the jurisdiction where the animal or animals were seized.
  5. Any person who knowingly violates the provisions of subdivision one
of  this section shall be guilty of a violation, punishable by a fine of
not less than TWO HUNDRED fifty dollars nor more than [one] FIVE hundred
dollars for a first offense, and a fine of  not  less  than  [one]  FIVE
hundred  dollars  nor  more  than  [two  hundred and fifty] ONE THOUSAND
dollars for a second and subsequent offenses.
  6. Officers shall not be held criminally or civilly liable for actions
taken reasonably and in good faith in carrying  out  the  provisions  of
this section.
  7.  Nothing contained in this section shall be construed to affect any
other  protections  afforded  to  companion  animals  under  any   other
provisions of this article.
  S 2. This act shall take effect immediately.

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