Assembly Bill A3031

                            
                    S T A T E   O F   N E W   Y O R K
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    S. 2102                                                  A. 3031

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

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, ROSENTHAL, BROOK-KRASNY,
  SKOUFIS, OTIS -- read once and referred to the Committee  on  Agricul-
  ture

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07196-01-5
              

S. 2102                             2                            A. 3031

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.