NY State Senate Bill 2015-S7102

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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

Bill Amendments

Original

B (Active)

2015-S7102 - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-d, Ag & Mkts L

2015-S7102 - Summary

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

2015-S7102 - Sponsor Memo

2015-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.

                                                           LBD11302-01-5

S. 7102                             2

  6.  [Officers]  A  PERSON  ACTING UNDER THIS SECTION 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.

2015-S7102A - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-d, Ag & Mkts L

2015-S7102A - Summary

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

2015-S7102A - Sponsor Memo

                                 BILL NUMBER:  S7102A

 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 :

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 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.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-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.

                                                           LBD11302-03-6

S. 7102--A                          2

  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,]  BE  TURNED  OVER  TO THE MUNICIPALITY WHERE THE INCIDENT OCCURRED,
WHICH CAN THEN PLACE THE ANIMAL WITH LOCAL ANIMAL CONTROL  PERSONNEL  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.
  6. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION ONE
OF THIS SECTION SHALL BE RESPONSIBLE  FOR  THE  COST  OF  ANY  NECESSARY
VETERINARY CARE THAT RESULTS FROM SUCH VIOLATION.
  7.  ANY  SUCH  ANIMAL WHICH IS TURNED OVER TO THE LOCAL HUMANE SOCIETY
SHALL BE HELD FOR A MINIMUM OF THREE  DAYS  BEFORE  IT  IS  PUT  UP  FOR
ADOPTION.
  [6. Officers] 8.  A PERSON ACTING UNDER THIS SECTION 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.] 9. 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.

2015-S7102B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-d, Ag & Mkts L

2015-S7102B (ACTIVE) - Summary

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

2015-S7102B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7102B

 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 of 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 minimum of three days before it is 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 acting reasonably to
remove 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 :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-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

S. 7102--B                          2

  UPON ARRIVAL AT THE VEHICLE, THE RESPONDING POLICE OFFICER OR OFFICERS
SHALL  TAKE  CUSTODY  OF THE ANIMAL AND ENSURE IT IS TAKEN TO A LOCATION
DESIGNATED BY THE MUNICIPALITY WHERE THE INCIDENT OCCURRED.
  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] LOCATION  DESIG-
NATED  BY  THE MUNICIPALITY where the animal or animals will be taken BY
THE RESPONDING POLICE OFFICER OR OFFICERS OF THE MUNICIPALITY WHERE  THE
INCIDENT OCCURRED.
  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,]  BE  TURNED  OVER BY THE RESPONDING POLICE OFFICER OR OFFICERS TO A
LOCATION DESIGNATED BY THE MUNICIPALITY WHERE THE INCIDENT  OCCURRED  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.
  6. [Officers] ANY PERSON WHO  KNOWINGLY  VIOLATES  THE  PROVISIONS  OF
SUBDIVISION ONE OF THIS SECTION SHALL BE RESPONSIBLE FOR THE COST OF ANY
NECESSARY VETERINARY CARE THAT RESULTS FROM SUCH VIOLATION.
  7.  IF  THE LOCATION DESIGNATED BY THE MUNICIPALITY WHERE THE INCIDENT
OCCURRED IS THE LOCAL HUMANE SOCIETY, THE ANIMAL SHALL  BE  HELD  FOR  A
MINIMUM OF THREE DAYS BEFORE IT IS PUT UP FOR ADOPTION.
  8.  A PERSON ACTING UNDER THIS SECTION shall not be held criminally or
civilly  liable for actions taken reasonably and in good faith in carry-
ing out the provisions of this section.
  [7.] 9. 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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Senate Bill S7102

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2015-S7102 - Details

2015-S7102 - Summary

2015-S7102 - Sponsor Memo

2015-S7102 - Bill Text download pdf

2015-S7102A - Details

2015-S7102A - Summary

2015-S7102A - Sponsor Memo

2015-S7102A - Bill Text download pdf

2015-S7102B (ACTIVE) - Details

2015-S7102B (ACTIVE) - Summary

2015-S7102B (ACTIVE) - Sponsor Memo

2015-S7102B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7102

Share this bill

Sponsored By

Kathleen A. Marchione

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2015-S7102 - Details

2015-S7102 - Summary

2015-S7102 - Sponsor Memo

2015-S7102 - Bill Text download pdf

2015-S7102A - Details

2015-S7102A - Summary

2015-S7102A - Sponsor Memo

2015-S7102A - Bill Text download pdf

2015-S7102B (ACTIVE) - Details

2015-S7102B (ACTIVE) - Summary

2015-S7102B (ACTIVE) - Sponsor Memo

2015-S7102B (ACTIVE) - Bill Text download pdf

Comments