This bill has been amended

Bill S6418-2013

Relates to the penalties for the confinement of companion animals in vehicles at times of extreme temperature

Relates to the penalties for the confinement of companion animals in vehicles at times of extreme temperature.

Details

Actions

  • May 12, 2014: ADVANCED TO THIRD READING
  • May 7, 2014: 2ND REPORT CAL.
  • May 6, 2014: 1ST REPORT CAL.504
  • Jan 22, 2014: REFERRED TO AGRICULTURE

Votes

VOTE: COMMITTEE VOTE: - Agriculture - May 6, 2014
Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Valesky, Young, Montgomery, Serrano
Ayes W/R (2): Gipson, Tkaczyk

Memo

BILL NUMBER:S6418          REVISED MEMO 01/24/2014

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the penalties for the confinement of companion animals in vehicles at times of extreme temperature

PURPOSE:

This legislation increases the penalties for confinement of a companion animal in a vehicle during times of extreme hot or cold temperatures.

SUMMARY OF PROVISIONS:

Section 353-d of the Agriculture and Markets Law is amended to set a more protective standard for companion animals relating to their removal from a vehicle by a police officer, peace officer or peace officer acting as an agent of a duly incorporated human society. Further, this amendment provides that any person who violates the provisions of this Section shall be guilty of a violation punishable by an increased fine of $250-5500 for the first offense (raised from $50-$100) and $500-$1,000 for a second and subsequent violations (raised from $100-$250).

JUSTIFICATION:

Confinement of a companion animal in a vehicle during times of extreme hot or cold temperatures can cause injury and death, even in a short period of time. According to People for the Ethical Treatment of Animals (PETA), on a 78 degree day, the temperature inside a parked car can soar between 100 and 120 degrees in just minutes, and on a 90 degree day, the interior temperature can reach as high as 160 degrees in less than 10 minutes. Animals can sustain brain damage or even die from heat stroke in as little as 15 minutes. During times of cold weather, vehicles trapping in the cold can potentially cause an animal to freeze to death.

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. Any person who "knowingly' violates the provisions of this Section of law shall be guilty of a violation punishable by a fine of not less than $50 nor more than $100 for the first offense and a fine of not less than $100 nor more than $250 for second and subsequent offenses. Despite the current law and ongoing efforts to raise awareness and educate the public on the dangers of such torturous confinement, too many cases continue to be reported. It is necessary to provide stronger deterrents to prevent further tragedies.

This legislation increases the penalties for any person who violates the provisions of this Section of Law to $250-$500 for the first offense and $500-$1,000 for second and subsequent offenses. It sets a more protective standard for companion animals by permitting an officer to remove companion animals from a vehicle in instances where

such confinement may place them in imminent danger of death or serious physical injury.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 6418 A. 8563 S E N A T E - A S S E M B L Y January 22, 2014 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Agriculture IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the penalties for the confinement of companion animals in vehicles at times of extreme temperature 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 [plac- es] MAY PLACE the companion animal in imminent danger of death or seri- ous 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 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 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 depart- ment 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 TWO HUNDRED fifty dollars nor more than [one] FIVE hundred dollars for a first offense, and a fine of not less than [one] FIVE hundred dollars nor more than [two hundred and fifty] ONE THOUSAND dollars for a second and subsequent offenses. 6. Officers 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus