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.