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A06047 Summary:

BILL NOA06047
 
SAME ASNo Same As
 
SPONSORMorinello
 
COSPNSR
 
MLTSPNSR
 
Amd §353-d, Ag & Mkts L
 
Relates to the confinement of companion animals in vehicles in extreme temperatures; provides such animals may be rescued if certain conditions are met.
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A06047 Actions:

BILL NOA06047
 
03/31/2023referred to agriculture
01/03/2024referred to agriculture
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A06047 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6047
 
SPONSOR: Morinello
  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 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.   PRIOR LEGISLATIVE HISTORY: A.4464 of 2021-22 A.4630 of 2019-20 A.5609 of 2017-18 A.7715A of 2015-16   FISCAL IMPLICATIONS: None
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A06047 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6047
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 31, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MORINELLO  --  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 vehicles in extreme temperatures
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 353-d of the agriculture and markets law, as  added
     2  by chapter 137 of the laws of 2019, is amended to read as follows:
     3    § 353-d. Confinement of companion animals in vehicles: extreme temper-
     4  atures.  1.  A  person  shall  not confine a companion animal in a motor
     5  vehicle in extreme heat or cold  without  proper  ventilation  or  other
     6  protection  from such extreme temperatures where such confinement places
     7  the companion animal in imminent danger of  death  or  serious  physical
     8  injury  due  to exposure to such extreme heat or cold.  For the purposes
     9  of this section, extreme temperatures shall be defined  as  any  temper-
    10  ature  lower  than  thirty-two degrees fahrenheit or higher than seventy
    11  degrees fahrenheit.
    12    2. Where the operator of such a vehicle cannot be promptly located,  a
    13  [police  officer,  peace  officer, peace officer acting as an agent of a
    14  duly incorporated humane society, emergency medical services  personnel,
    15  paid  firefighter,  or  volunteer  firefighter who in the performance of
    16  such volunteer firefighter's duties are directed to respond  to  a  call
    17  for  assistance  for  such  animal]  person  may take necessary steps to
    18  remove the animal or animals from the  vehicle.  Necessary  steps  shall
    19  include:
    20    (a) checking to see if any of the doors to the vehicle are unlocked;
    21    (b) making a good faith effort to locate the owner of the vehicle; and
    22    (c) calling the police or 911.
    23    If  after  all these steps have been completed and a person determines
    24  an animal is in imminent danger, he or she may break a window to  remove
    25  the animal from the vehicle.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04426-01-3

        A. 6047                             2
 
     1    Upon arrival at the vehicle, the responding police officer or officers
     2  shall  take  custody  of the animal and ensure it is taken to a location
     3  designated by the municipality where the incident occurred.
     4    3.  [Police  officers, peace officers, peace officers acting as agents
     5  of a  duly  incorporated  humane  society,  emergency  medical  services
     6  personnel,  paid  firefighters,  or  volunteer  firefighters  who in the
     7  performance of such volunteer firefighters' duties or emergency  medical
     8  services  personnel are directed to respond to a call for assistance for
     9  such animal] A person removing an  animal  or  animals  from  a  vehicle
    10  pursuant to this section shall place a written notice on or in the vehi-
    11  cle,  bearing  the  name of [the officer or agent, and the department or
    12  agency and address] such person and the location designated by the muni-
    13  cipality and other contact information, if available, where  the  animal
    14  or animals will be taken by the responding police officer or officers of
    15  the municipality where the incident occurred.
    16    4.  An  animal  or  animals  removed  from  a vehicle pursuant to this
    17  section shall[, after receipt  of  any  necessary  emergency  veterinary
    18  treatment, be delivered to the duly incorporated humane society or soci-
    19  ety for the prevention of cruelty to animals, or designated agent there-
    20  of,]  be turned over by the responding the police officer or officers to
    21  a location designated by the municipality where the incident occurred in
    22  the jurisdiction where the animal or animals were seized.
    23    5. Any person who knowingly violates the provisions of subdivision one
    24  of this section shall be guilty of a violation, punishable by a fine  of
    25  not  less  than  fifty  dollars  nor more than one hundred dollars for a
    26  first offense, and a fine of not less than one hundred dollars nor  more
    27  than two hundred and fifty dollars for a second and subsequent offenses.
    28    6.  [Officers,  emergency medical services personnel and firefighters]
    29  Any person who knowingly violates the provisions of subdivision  one  of
    30  this  section shall be responsible for the cost of any necessary veteri-
    31  nary care that results from such violation.
    32    7. If the location designated by the municipality where  the  incident
    33  occurred  is  the  local  humane society, the animal shall be held for a
    34  minimum of three days before it is put up for adoption.
    35    8. A person acting under this section shall not be held criminally  or
    36  civilly  liable for actions taken reasonably and in good faith in carry-
    37  ing out the provisions of this section.
    38    [7.] 9. Nothing contained in this section shall be construed to affect
    39  any other protections afforded to  companion  animals  under  any  other
    40  provisions of this article.
    41    § 2. This act shall take effect immediately.
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