|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to domestic animal welfare|
|Feb 06, 2019||referred to domestic animal welfare|
senate Bill S3414
Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3414 (ACTIVE) - Details
- See Assembly Version of this Bill:
- 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:
2021-2022: S6027, A5779
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.
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.
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