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

    S. 6418--A                                            A. 8563--A
    Cal. No. 504

                      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
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. THIELE, ROSENTHAL, BROOK-KRASNY --
  read  once  and  referred to the Committee on Agriculture -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD11691-02-4

S. 6418--A                          2                         A. 8563--A

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.