NY State Senate Bill 2019-S3414

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to domestic animal welfare
Feb 06, 2019	referred to domestic animal welfare

co-Sponsors

2019-S3414 (ACTIVE) - Details

See Assembly Version of this Bill:: A1113
Current Committee:: Senate Domestic Animal Welfare
Law Section:: General Obligations Law
Laws Affected:: Add §11-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2711
2011-2012: A3508
2013-2014: A3414
2015-2016: A3443
2017-2018: A4749
2021-2022: S6027, A5779
2023-2024: S4084, A3976

2019-S3414 (ACTIVE) - Summary

Establishes a tort cause of action for the wrongful injury or death of a companion animal; provides for compensatory and punitive damages and injunctive relief and three year statute of limitations on commencement of such an action.

2019-S3414 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3414

SPONSOR: MARTINEZ
 
TITLE OF BILL:  An act to amend the general obligations law, in
relation to establishing a cause of action in tort for the wrongful
injury to or death of a companion animal

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes a tort cause of action for the wrongful injury or death of a
companion animal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the law by adding section 11-108 to the
general obligations law as follows:

Paragraph one refers the reader to the definition of companion animals
existing in section three hundred and fifty of agriculture and markets
law.

Paragraph two discusses the monetary consequences faced by a person
charged with causing the death of a companion animal.

Paragraph three discusses the monetary consequences faced by the person
who causes physical injury or serious physical injury to a companion
animal.

Paragraph four provides for punitive damages.

Paragraph five provides a statute of limitations of three years for the
compensation of the owner for his or her injuries.

Paragraph six provides a statute of limitations of three years for the
owner to receive compensation for harm inflicted upon the companion
animal. It goes on to explain that the collected compensation will be
payable into a trust for the companion animals care. If the animal
should die, any remaining money will be distributed to a nonprofit
organization dedicated to the protection of companion animals.

Paragraph 7 states that, if deemed appropriate, the courts may issue a
restraining order against the guilty party.

 
JUSTIFICATION:

Brutal violence against animals, so often a precursor to violence
against humans, goes on largely undeterred - and entirely uncompensated
- - because criminal anti-cruelty measures often aren't enforced, and
our civil tort law still treats animals the same as inanimate property:
like table and chairs. Although several courts in New York have departed
from the traditional approach, many are hesitant, absent legislative
guidance, to relinquish the common law's antiquated, scientifically
obsolete assumption that animals are just 'things.'

Americans entering the 21st century recognize the importance of our
relationships with animals, which has been demonstrated in study after
study. According to recent reports in USA TODAY, more than two-thirds of
pet owners say they consider their pet a member of their family; 50% of
pet owners surveyed said they would be "very likely" to risk their won
lives to rescue their pet, and another 33% said they would be "somewhat
likely" to do so.

In 1993, New York's state legislature passed the Pet Cemeteries and Pet
Crematoriums law, which begins, "The legislature hereby finds and
declares that the relationships that humans develop with other members
of the animal kingdom that are taken into our homes and kept as pets are
unique and special. These relationships can enrich our lives and
increases our happiness. Even after the death of a pet, human attachment
to the memory of the pet often remains very strong..."

Writing in the New York University Law Review, Debra Squires-Lee noted
in 1995 that according to the Restatement of Torts, Second, "the goals
of tort are: (a) to give compensation, indemnity or restitution for
harms; (b) to determine rights; (c) to punish wrongdoers and deter
wrongful conduct; and (d) to vindicate parties and deter retaliation or
violent and unlawful self-help." Ms. Squires-Lee concluded, "the
emotional harms wrought by the death of a companion animal must be
recognized if these goals of tort law are to be fulfilled."

 
PRIOR LEGISLATIVE HISTORY:

03/25/02 Referred to Judiciary.
2003-04: Referred to Judiciary
2005-06: A.3585 Reported from Judiciary, referred to Codes.
2007: A2610 Reported from Judiciary and referred to Codes.
2008: A2610 Referred to Judiciary.
2009-10: Referred to Judiciary.
2011-2012: A3508 Referred to Judiciary.
2013-14: A.3414 Referred to Judiciary.
2015: reported referred to codes
2016: reported referred to rules
2018: A4749 reported referred to codes

 
FISCAL IMPLICATIONS:

none

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to causes of
action under section 11-108 of the general obligations law as added by
section one of this act which arise on or after such date.

2019-S3414 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3414
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Domestic Animal Welfare
 
 AN ACT to amend the general obligations law, in relation to establishing
   a cause of action in tort for the wrongful injury to  or  death  of  a
   companion animal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 11-108 to read as follows:
   §  11-108. WRONGFUL INJURY OR DEATH OF COMPANION ANIMAL. 1. AS USED IN
 THIS SECTION:
   (A) THE TERM "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SUCH
 TERM  IS  DEFINED  IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF
 THE AGRICULTURE AND MARKETS LAW; AND
   (B) THE TERMS "PHYSICAL INJURY" AND "SERIOUS  PHYSICAL  INJURY"  SHALL
 HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS NINE AND
 TEN, RESPECTIVELY, OF SECTION 10.00 OF THE PENAL LAW.
   2.  A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY, RECKLESSLY
 OR NEGLIGENTLY, BY ACT OR OMISSION  CAUSES  THE  DEATH  OF  A  COMPANION
 ANIMAL  SHALL  BE  LIABLE  IN DAMAGES FOR THE FAIR MONETARY VALUE OF THE
 DECEASED COMPANION ANIMAL TO HIS OR HER OWNER, INCLUDING DAMAGES FOR THE
 LOSS  OF  THE  REASONABLY  EXPECTED  SOCIETY,  COMPANIONSHIP,   COMFORT,
 PROTECTION  AND  SERVICES OF THE DECEASED COMPANION ANIMAL TO HIS OR HER
 OWNER; COURT COSTS AND REASONABLE ATTORNEY'S FEES; AND OTHER  REASONABLE
 DAMAGES  RESULTING  FROM  THE  INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR
 OMISSION.
   3. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY,  RECKLESSLY
 OR  NEGLIGENTLY,  BY  ACT  OR OMISSION CAUSES PHYSICAL INJURY OR SERIOUS
 PHYSICAL INJURY TO A COMPANION ANIMAL SHALL BE LIABLE IN DAMAGES FOR THE
 EXPENSES OF VETERINARY AND OTHER SPECIAL MEDICAL CARE REQUIRED; THE LOSS
 OF REASONABLY EXPECTED SOCIETY, COMPANIONSHIP, COMFORT,  PROTECTION  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05024-01-9

 S. 3414                             2
 
 SERVICES  OF  THE  INJURED  COMPANION  ANIMAL TO HIS OR HER OWNER; COURT
 COSTS AND REASONABLE  ATTORNEY'S  FEES;  AND  OTHER  REASONABLE  DAMAGES
 RESULTING FROM THE INTENTIONAL, RECKLESS OR NEGLIGENT ACT OR OMISSION.
   4. A PERSON WHO WITH NO JUSTIFIABLE PURPOSE INTENTIONALLY OR RECKLESS-
 LY,  BY ACT OR OMISSION CAUSES THE SERIOUS PHYSICAL INJURY OR DEATH OF A
 COMPANION ANIMAL MAY BE LIABLE IN PUNITIVE DAMAGES.
   5. DAMAGES UNDER THIS SECTION FOR INJURIES SUSTAINED  BY  A  COMPANION
 ANIMAL'S OWNER SHALL BE RECOVERED IN AN ACTION IN TORT, COMMENCED WITHIN
 THREE  YEARS  FROM THE DATE OF INJURY OR DEATH OR FROM THE DATE WHEN THE
 OWNER KNEW, OR IN THE  EXERCISE  OF  REASONABLE  DILIGENCE  SHOULD  HAVE
 KNOWN,  OF  THE  FACTUAL BASIS FOR A CAUSE OF ACTION, SUBJECT TO FURTHER
 EXTENSION ON ACCOUNT OF ANY SUSPENSION OF THE STATUTE OF LIMITATIONS DUE
 TO INFANCY, DEATH OR OTHER CAUSE AS PROVIDED BY LAW.
   6. DAMAGES UNDER THIS SECTION FOR INJURIES SUSTAINED  BY  A  COMPANION
 ANIMAL  SHALL BE RECOVERED IN AN ACTION IN TORT BROUGHT BY A GUARDIAN AD
 LITEM OR NEXT FRIEND APPOINTED BY THE COURT AND, COMMENCED WITHIN  THREE
 YEARS  FROM  THE  DATE  OF  INJURY OR FROM THE DATE WHEN THE GUARDIAN AD
 LITEM OR NEXT FRIEND KNEW, OR IN THE EXERCISE  OF  REASONABLE  DILIGENCE
 SHOULD  HAVE  KNOWN, OF THE FACTUAL BASIS FOR A CAUSE OF ACTION, SUBJECT
 TO FURTHER EXTENSION ON ACCOUNT OF ANY  SUSPENSION  OF  THE  STATUTE  OF
 LIMITATIONS  DUE  TO  INFANCY,  DEATH OR OTHER CAUSE AS PROVIDED BY LAW.
 DAMAGES SO RECOVERED SHALL BE PAYABLE INTO A TRUST FOR THE CARE  OF  THE
 COMPANION  ANIMAL,  WHICH TRUST SHALL BE ENFORCEABLE FOR THE LIFE OF THE
 COMPANION ANIMAL BY A PERSON APPOINTED BY THE COURT.  ANY  REMAINDER  OF
 TRUST  FUNDS  EXISTING  AT  THE  DEATH  OF THE COMPANION ANIMAL SHALL BE
 DISTRIBUTED TO A NON-PROFIT ORGANIZATION DEDICATED TO THE PROTECTION  OF
 COMPANION ANIMALS.
   7.  RESTRAINING  ORDERS  AND  OTHER INJUNCTIVE RELIEF FOR THE WRONGFUL
 INJURY OR KILLING OF A COMPANION ANIMAL MAY BE  ISSUED  BY  A  COURT  OF
 COMPETENT JURISDICTION AS APPROPRIATE.
   §  2. This act shall take effect immediately and shall apply to causes
 of action under section 11-108 of the general obligations law  as  added
 by section one of this act which arise on or after such date.

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Senate Bill S3414

Sponsored By

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

co-Sponsors

2019-S3414 (ACTIVE) - Details

2019-S3414 (ACTIVE) - Summary

2019-S3414 (ACTIVE) - Sponsor Memo

2019-S3414 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3414

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Sponsored By

Monica R. Martinez

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee

co-Sponsors

Alessandra Biaggi

Phil Boyle

Jose M. Serrano

2019-S3414 (ACTIVE) - Details

2019-S3414 (ACTIVE) - Summary

2019-S3414 (ACTIVE) - Sponsor Memo

2019-S3414 (ACTIVE) - Bill Text download pdf

Comments