NY State Senate Bill S5054

Archive: Last Bill Status Via A7053 - Signed by Governor

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

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2019	signed chap.137
Jul 22, 2019	delivered to governor
Jun 20, 2019	returned to assembly passed senate 3rd reading cal.1046 substituted for s5054
Jun 20, 2019	substituted by a7053
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal.
May 30, 2019	1st report cal.1046
Apr 04, 2019	referred to domestic animal welfare

Votes

view votes

Jun 20, 2019 - floor Vote

A7053

floor

Aye

Nay

Absent

Excused

Abstained

May 30, 2019 - Domestic Animal Welfare committee Vote

S5054

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5054 (ACTIVE) - Details

See Assembly Version of this Bill:: A7053
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §353-d, Ag & Mkts L

S5054 (ACTIVE) - Summary

Relates to the confinement of companion animals in unattended motor vehicles under conditions that endanger the health or well-being of an animal and what can be done in the event an animal is seen suffering; adds paid or volunteer firefighters and emergency services personnel as persons authorized to remove such companion animals from unattended vehicles because of extreme temperatures; and provides penalties.

S5054 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5054

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
confinement of companion animals in unattended motor vehicles under
conditions that endanger the health or well-being of an animal

 
PURPOSE:

To better protect the health and well-being of companion animals
confined in an unattended motor vehicle in extreme heat or cold temper-
atures without proper ventilation or other protection from such extreme
temperatures where such confinement places the companion animal in immi-
nent danger of death or serious physical injury

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 353-d to add emergency medical services
personnel and paid and volunteer firefighters to the list of those

authorized to release a companion animal confined in a motor vehicle in
extreme conditions provided the volunteer firefighter is on duty and
responding to a call for assistance for such animal.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

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 and provides
specific penalties for violations. It provides a procedure that a police
officer, peace officer or peace officer acting as an agent of a duly
incorporated humane society may take to remove the animal or animals
from the vehicle in cases where the operator of such vehicle cannot be
promptly located. These officers are not held criminally or civilly
liable for actions taken reasonably and in good faith in carrying out
this law.  This legislation would expand that authorization provided in
the law to emergency medical service personnel and paid and volunteer
firefighters located in communities all over the State. This will help
reduce wait times when a call is made to 911 that a pet is in serious
danger especially in areas and at times when the availability of animal
control officers or even police is limited.

 
LEGISLATIVE HISTORY:

2017-18 S.3954A/A.4029A;
2015-16 S.2102/A.3031;
2014 S.6418/A.8563.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately.

S5054 (ACTIVE) - Bill Text download pdf


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

    S. 5054                                                  A. 7053

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 4, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, MARTINEZ, BOYLE, BROOKS,
  SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Domestic Animal Welfare

IN  ASSEMBLY  --  Introduced  by M. of A. THIELE, CAHILL, CRESPO, ENGLE-
  BRIGHT, McDONOUGH, MONTESANO, MORINELLO, RAIA,  L. ROSENTHAL,  D'URSO,
  LUPARDO,  FERNANDEZ  --  Multi-Sponsored  by  -- M. of A. BLAKE, COOK,
  GALEF, JAFFEE, B. MILLER, MOSLEY, SIMON -- read once and  referred  to
  the Committee on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  confinement of companion animals in unattended  motor  vehicles  under
  conditions that endanger the health or well-being of an animal

  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:
  § 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, EMERGENCY MEDICAL SERVICES PERSON-
NEL, PAID FIREFIGHTER, OR VOLUNTEER FIREFIGHTER WHO IN  THE  PERFORMANCE
OF SUCH VOLUNTEER FIREFIGHTER'S DUTIES ARE DIRECTED TO RESPOND TO A CALL
FOR  ASSISTANCE  FOR  SUCH ANIMAL 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, EMERGENCY MEDICAL SERVICES

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

                                                           LBD10418-02-9

S. 5054                             2                            A. 7053

PERSONNEL,  PAID  FIREFIGHTERS,  OR  VOLUNTEER  FIREFIGHTERS  WHO IN THE
PERFORMANCE OF SUCH VOLUNTEER FIREFIGHTERS' DUTIES OR EMERGENCY  MEDICAL
SERVICES  PERSONNEL ARE DIRECTED TO RESPOND TO A CALL FOR ASSISTANCE FOR
SUCH  ANIMAL  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 department or agency and
address AND OTHER CONTACT INFORMATION, IF AVAILABLE, 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.
  6.  Officers,  EMERGENCY  MEDICAL  SERVICES PERSONNEL AND FIREFIGHTERS
shall not be held criminally or civilly liable for actions taken reason-
ably 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.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S5054

Sponsored By

Archive: Last Bill Status Via A7053 - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

May 30, 2019 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: May 30, 2019

Co-Sponsors

S5054 (ACTIVE) - Details

S5054 (ACTIVE) - Summary

S5054 (ACTIVE) - Sponsor Memo

S5054 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5054

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status Via A7053 - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

May 30, 2019 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: May 30, 2019

Co-Sponsors

Monica R. Martinez

Phil Boyle

John E. Brooks

Anna M. Kaplan

Luis R. Sepúlveda

S5054 (ACTIVE) - Details

S5054 (ACTIVE) - Summary

S5054 (ACTIVE) - Sponsor Memo

S5054 (ACTIVE) - Bill Text download pdf

Comments