senate Bill S7102B

2015-2016 Legislative Session

Relates to the confinement of companion animals in vehicles in extreme temperatures

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Rules Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 print number 7102b
Jun 09, 2016 amend and recommit to rules
Jun 07, 2016 reported and committed to rules
print number 7102a
Jun 07, 2016 amend and recommit to agriculture
Mar 28, 2016 referred to agriculture

S7102 - Details

See Assembly Version of this Bill:
A7715B
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-d, Ag & Mkts L

S7102 - Summary

Relates to the confinement of companion animals in vehicles in extreme temperatures.

S7102 - Sponsor Memo

S7102 - Bill Text download pdf

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

                                  7102

                            I N  S E N A T E

                             March 28, 2016
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed 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:

  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  places
the  companion  animal  in  imminent danger of death or serious 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]  PERSON 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] A PERSON 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]
SUCH  PERSON,  and the department 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  of
not  less  than  fifty  dollars  nor more than one hundred dollars for a
first offense, and a fine of not less than one hundred dollars nor  more
than two hundred and fifty dollars for a second and subsequent offenses.

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

S7102A - Details

See Assembly Version of this Bill:
A7715B
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-d, Ag & Mkts L

S7102A - Summary

Relates to the confinement of companion animals in vehicles in extreme temperatures.

S7102A - Sponsor Memo

S7102A - Bill Text download pdf

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

                                 7102--A

                            I N  S E N A T E

                             March 28, 2016
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed  to  be committed 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
  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:

  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 places
the companion animal in imminent danger of  death  or  serious  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] PERSON may  take  necessary  steps  to
remove  the  animal  or animals from the vehicle.  NECESSARY STEPS SHALL
INCLUDE:
  (A) CHECKING TO SEE IF ANY OF THE DOORS TO THE VEHICLE ARE UNLOCKED;
  (B) MAKING A GOOD FAITH EFFORT TO LOCATE THE OWNER OF THE VEHICLE;
  (C) CALLING THE POLICE OR 911; AND
  (D) CALLING THE LOCAL ANIMAL CONTROL OFFICER OR THE HUMANE SOCIETY.
  IF AFTER ALL THESE STEPS HAVE BEEN COMPLETED AND A  PERSON  DETERMINES
AN  ANIMAL IS IN IMMINENT DANGER, HE OR SHE MAY BREAK A WINDOW TO REMOVE
THE ANIMAL FROM THE VEHICLE.
  3. [Police officers, peace officers or peace officers acting as agents
of a duly incorporated humane society] A PERSON 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]
SUCH  PERSON,  and the department or agency and address where the animal
or animals will be taken.

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

S7102B (ACTIVE) - Details

See Assembly Version of this Bill:
A7715B
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §353-d, Ag & Mkts L

S7102B (ACTIVE) - Summary

Relates to the confinement of companion animals in vehicles in extreme temperatures.

S7102B (ACTIVE) - Sponsor Memo

S7102B (ACTIVE) - Bill Text download pdf

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

                                 7102--B

                            I N  S E N A T E

                             March 28, 2016
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Agriculture -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  reported  favorably  from  said  committee  and
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  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  places
the  companion  animal  in  imminent danger of death or serious physical
injury due to exposure to such extreme heat or cold. FOR THE PURPOSES OF
THIS SECTION, EXTREME TEMPERATURES SHALL BE DEFINED AS  ANY  TEMPERATURE
LOWER  THAN THIRTY-TWO DEGREES FAHRENHEIT OR HIGHER THAN SEVENTY DEGREES
FAHRENHEIT.
  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]  PERSON may take necessary steps to
remove the animal or animals from the vehicle.   NECESSARY  STEPS  SHALL
INCLUDE:
  (A) CHECKING TO SEE IF ANY OF THE DOORS TO THE VEHICLE ARE UNLOCKED;
  (B) MAKING A GOOD FAITH EFFORT TO LOCATE THE OWNER OF THE VEHICLE; AND
  (C) CALLING THE POLICE OR 911.
  IF  AFTER  ALL THESE STEPS HAVE BEEN COMPLETED AND A PERSON DETERMINES
AN ANIMAL IS IN IMMINENT DANGER, HE OR SHE MAY BREAK A WINDOW TO  REMOVE
THE ANIMAL FROM THE VEHICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11302-05-6

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