NY State Senate Bill S2102

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

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to agriculture delivered to assembly passed senate
Mar 17, 2016	advanced to third reading
Mar 16, 2016	2nd report cal.
Mar 15, 2016	1st report cal.371
Jan 06, 2016	referred to agriculture returned to senate died in assembly
Jun 03, 2015	referred to agriculture delivered to assembly passed senate
May 11, 2015	advanced to third reading
May 06, 2015	2nd report cal.
May 05, 2015	1st report cal.515
Jan 21, 2015	referred to agriculture

Votes

S2102 (ACTIVE) - Details

See Assembly Version of this Bill:: A3031
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-d, Ag & Mkts L
Versions Introduced in 2013-2014 Legislative Session:: S6418, A8563

S2102 (ACTIVE) - Summary

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

S2102 (ACTIVE) - Sponsor Memo

BILL NUMBER:S2102

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
$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 76-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:A.8563-A/S.6418-A

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

S2102 (ACTIVE) - Bill Text download pdf

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

    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.

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The New York State Senate

senate Bill S2102

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jun 7, 2016 - floor Vote

Floor Vote: Jun 7, 2016

Mar 15, 2016 - Agriculture committee Vote

Agriculture Committee Vote: Mar 15, 2016

Jun 3, 2015 - floor Vote

Floor Vote: Jun 3, 2015

May 5, 2015 - Agriculture committee Vote

Agriculture Committee Vote: May 5, 2015

S2102 (ACTIVE) - Details

S2102 (ACTIVE) - Summary

S2102 (ACTIVE) - Sponsor Memo

S2102 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2102

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 7, 2016 - floor Vote

Floor Vote: Jun 7, 2016

Mar 15, 2016 - Agriculture committee Vote

Agriculture Committee Vote: Mar 15, 2016

Jun 3, 2015 - floor Vote

Floor Vote: Jun 3, 2015

May 5, 2015 - Agriculture committee Vote

Agriculture Committee Vote: May 5, 2015

S2102 (ACTIVE) - Details

S2102 (ACTIVE) - Summary

S2102 (ACTIVE) - Sponsor Memo

S2102 (ACTIVE) - Bill Text download pdf

Comments