NY State Senate Bill 2023-S298

Senate Bill S298

2023-2024 Legislative Session

Makes the failure to provide food, water or appropriate shelter to a companion animal left outside a felony

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Current Bill Status - In Senate Committee Agriculture Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to agriculture
Jan 04, 2023	referred to agriculture

co-Sponsors

2023-S298 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§353, 353-b & 356, add §353-g, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6628
2015-2016: S2949
2017-2018: S841
2019-2020: S387
2021-2022: S227

2023-S298 (ACTIVE) - Summary

Makes the failure to provide food, water or appropriate shelter to a companion animal (dogs and cats) left outside a felony punishable by a fine of not more than $5,000, or imprisonment for not more than 2 years, or by both such fine and imprisonment.

2023-S298 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S298

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
provision of food, water and appropriate shelter for companion animals
left outdoors

 
PURPOSE:

The purpose of this legislation is to increase penalties on those who
fail to provide adequate shelter to any companion animals left outdoors
in weather conditions that are likely to adversely affect the animal's
health or safety. Such acts would result in a felony conviction, up to
two years in, prison and 55,000 fine.

 
SUMMARY OF PROVISIONS:

Section 1: Creates a new provision of the agriculture and markets law,

Section 353, as amended by chapter 523 of the laws of 2005.

Section 2: Extends the current law regarding penalties for any person
who knowingly violates the provisions of this section from being guilty
of a mere violation to a felony. Additionally, the fine of not more than
$100 is raised to $5000.00, and imprisonment for not more than two
years, or both such fine and imprisonment.

Section 3: (b) Provides in greater detail an explanation of the stand-
ards related to the companion animal's housing facilities indicating
that they be structurally sound "so as to protect the companion animal
from the inclement weather; be appropriate for the companion animal's
breed and physical condition, and the climate."  This section also calls
for the structure to "have four connected sides and a raised floor; have
a door maintained in good repair that is offset and baffled if neces-
sary, to eliminate the entry of drafts and precipitation, and also allow
the accumulation of body heat; provided, further, that damaged door
flaps shall be replaced."

(c) Calls for enclosures to be set on a solid foundation such as stone
or concrete with proper drainage, submitted in accordance with Senate
Rule VI, S 1

(d) Provides that the companion animal be provided with dry bedding
and/or solid resting boards so as to conserve its body heat.

Section 5: Connotes completion of any sentence of imprisonment imposed
for violation of this section.

Section 6: Adds a new section (S 353-g) which reads as follows; "Failure
to provide proper food and drink to a companion animal. Any person who,
having ownership, custody or control of a companion animal, refuses or
neglects to supply such animal a sufficient supply of food or water so
as to impair the health of the companion animal shall be guilty of a
felony, punishable by a fine of not more than five thousand dollars, or
imprisonment for not more than two years, or both such fine and impri-
sonment."

 
EXISTING LAW:

Current law does not allow for such strict guidelines for those commit-
ting these specific crimes against companion animals. With these strict
guidelines, it is expected that additional deterrents will reduce wide-
spread abuses and help foster an environment for greater caretaking of
such companion animals.

 
JUSTIFICATION:

Leaving a companion animal outside in the extreme cold to live in a
barrel or out in a yard day in and day out is no way to treat man's best
friend. The punishment for leaving a dog out in the freezing cold to
potentially die should be beyond a mere slap on the wrist, pay your fine
and go back to your puppy mill to extract more blood money. It should be
criminal. This legislation seeks to modernize this anachronism in our
state's animal cruelty laws and ensure we can better protect those who
have no voice - our companion animals - from abuse and neglect.

 
LEGISLATIVE HISTORY:

01/06/16: S.2949 REFERRED TO AGRICULTURE

01/05/17: S.841 REFERRED TO AGRICULTURE

05/16/17: S.841 1ST REPORT CAL.932

05/17/17: S.841 2ND REPORT CAL.

05/22/17: S.841 ADVANCED TO THIRD READING

06/21/17: S.841 COMMITTED TO RULES

01/03/18: S.841 REFERRED TO AGRICULTURE

01/09/19: S.387 REFERRED TO AGRICULTURE

02/11/19: S.387 COMMITTEE DISCHARGED AND COMMITTED TO DOMESTIC ANIMAL
WELFARE

01/08/20: S.387 REFERRED TO DOMESTIC ANIMAL WELFARE

01/06/21: S.227 REFERRED TO AGRICULTURE

01/05/22: S.227 REFERRED TO AGRICULTURE

 
FISCAL IMPLICATIONS:

None, and strict enforcement of penalties and fines may create addi-
tional revenues for municipalities.

 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become law.

2023-S298 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    298
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. TEDISCO, FELDER, HELMING, O'MARA, WEIK -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Agriculture
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   provision of food, water and appropriate shelter for companion animals
   left outdoors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 353 of the agriculture and
 markets  law,  as amended by chapter 523 of the laws of 2005, is amended
 to read as follows:
   A person who overdrives,  overloads,  tortures  or  cruelly  beats  or
 unjustifiably  injures,  maims,  mutilates  or kills any animal, whether
 wild or tame, and  whether  belonging  to  himself  or  to  another,  or
 deprives  any animal, OTHER THAN A COMPANION ANIMAL, of necessary suste-
 nance, food or drink, or neglects or refuses to furnish it  such  suste-
 nance  or  drink,  or causes, procures or permits any animal to be over-
 driven, overloaded, tortured, cruelly beaten, or unjustifiably  injured,
 maimed, mutilated or killed, or, BEING ANY ANIMAL OTHER THAN A COMPANION
 ANIMAL,  to be deprived of necessary food or drink, or who wilfully sets
 on foot, instigates, engages in, or in  any  way  furthers  any  act  of
 cruelty  to  any  animal, or any act tending to produce such cruelty, is
 guilty of a class A misdemeanor and for purposes  of  paragraph  (b)  of
 subdivision  one  of section 160.10 of the criminal procedure law, shall
 be treated as a misdemeanor defined in the penal law.
   § 2.  Section 353-b of the agriculture and markets law,  as  added  by
 chapter 594 of the laws of 2003, is amended to read as follows:
   §  353-b.  Appropriate  shelter  for  [dogs]  COMPANION  ANIMALS  left
 outdoors. 1. For purposes of this section:
   (a) "Physical condition" shall include any special medical needs of  a
 dog  due to disease, illness, injury, age or breed about which the owner
 or person with custody or control of [the dog] A COMPANION ANIMAL should
 reasonably be aware.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02212-01-3
 S. 298                              2
 
   (b) "Inclement weather" shall mean weather conditions that are  likely
 to  adversely  affect  the  health  or  safety  of [the dog] A COMPANION
 ANIMAL, including but not limited to rain, sleet, ice,  snow,  wind,  or
 extreme heat and cold.
   (c)  "[Dogs]  COMPANION  ANIMALS  that  are  left outdoors" shall mean
 [dogs] COMPANION ANIMALS that are outdoors in inclement weather  without
 ready  access  to, or the ability to enter, a house, apartment building,
 office building, or any other permanent structure that complies with the
 standards enumerated in paragraph  (b)  of  subdivision  three  of  this
 section.
   2.  (a)  Any  person  who  owns  or  has custody or control of a [dog]
 COMPANION ANIMAL that is left outdoors shall  provide  it  with  shelter
 appropriate to its breed, physical condition and the climate. Any person
 who knowingly violates the provisions of this section shall be guilty of
 a  [violation]  FELONY,  punishable  by  a  fine of not [less than fifty
 dollars nor] more than [one hundred] FIVE THOUSAND dollars [for a  first
 offense,  and  a fine of not less than one hundred dollars nor more than
 two hundred fifty dollars for a  second  and  subsequent  offenses],  OR
 IMPRISONMENT  FOR  NOT MORE THAN TWO YEARS, OR BOTH SUCH FINE AND IMPRI-
 SONMENT.  Beginning seventy-two hours after a charge of  violating  this
 section,  each day that a defendant fails to correct the deficiencies in
 the [dog] shelter for a [dog] COMPANION ANIMAL that he or  she  owns  or
 that  is  in his or her custody or control and that is left outdoors, so
 as to bring it into compliance with the provisions of this section shall
 constitute a separate offense.
   (b) [The court may, in its discretion, reduce the amount of  any  fine
 imposed  for a violation of this section by the amount which the defend-
 ant proves he or she has spent providing a dog shelter or  repairing  an
 existing  dog  shelter so that it complies with the requirements of this
 section.] Nothing in this paragraph shall prevent the seizure of a [dog]
 COMPANION ANIMAL for a violation of this section pursuant to the author-
 ity granted in this article.
   3. Minimum standards for determining whether shelter is appropriate to
 a [dog's] COMPANION ANIMAL'S breed, physical condition and  the  climate
 shall include:
   (a)  For  [dogs]  COMPANION  ANIMALS that are restrained in any manner
 outdoors, shade by natural or artificial  means  to  protect  the  [dog]
 COMPANION  ANIMAL  from  direct  sunlight  at all times when exposure to
 sunlight is likely to threaten the health of the [dog] COMPANION ANIMAL.
   (b) For all [dogs] COMPANION ANIMALS that are left outdoors in  incle-
 ment  weather,  a  housing  facility,  which must: (1) have a waterproof
 roof; (2) be structurally sound [with] SO AS TO  PROTECT  THE  COMPANION
 ANIMAL  FROM THE INCLEMENT WEATHER; (3) BE APPROPRIATE FOR THE COMPANION
 ANIMAL'S BREED AND PHYSICAL CONDITION, AND THE CLIMATE; (4)  HAVE  insu-
 lation  appropriate  to  local  climatic  conditions  and  sufficient to
 protect the [dog] COMPANION ANIMAL from  inclement  weather;  [(3)]  (5)
 HAVE FOUR CONNECTED SIDES AND A RAISED FLOOR; (6) HAVE A DOOR MAINTAINED
 IN  GOOD  REPAIR, THAT IS OFFSET AND BAFFLED, IF NECESSARY, TO ELIMINATE
 THE ENTRY OF DRAFTS AND PRECIPITATION, AND ALSO ALLOW  THE  ACCUMULATION
 OF  BODY  HEAT;  PROVIDED,  FURTHER,  THAT  DAMAGED  DOOR FLAPS SHALL BE
 REPLACED; (7) be  constructed  to  allow  each  [dog]  COMPANION  ANIMAL
 adequate  freedom  of  movement  to  make  normal  postural adjustments,
 including the ability to stand up, turn around and  lie  down  with  its
 limbs  outstretched; and [(4)] (8) allow for effective removal of excre-
 tions, other waste material[;], dirt and trash. The housing facility and
 S. 298                              3
 
 the area immediately surrounding it shall be regularly cleaned to  main-
 tain a healthy and sanitary environment and to minimize health hazards.
   (C)  FOR  COMPANION ANIMALS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS
 IN AN ENCLOSURE, SUCH ENCLOSURE SHALL BE SET ON A SOLID FOUNDATION, SUCH
 AS STONE OR CONCRETE, OR SOLID GROUND THAT IS WELL DRAINED.
   (D) FOR COMPANION ANIMALS THAT ARE RESTRAINED IN ANY ENCLOSURE, WHETH-
 ER INDOORS OR OUTDOORS, THE ANIMAL SHALL BE PROVIDED  WITH  DRY  BEDDING
 AND/OR  SOLID  RESTING BOARDS SO AS TO CONSERVE ITS BODY HEAT, AND UNDER
 NO CIRCUMSTANCE SHALL A COMPANION ANIMAL BE FORCED  TO  LIE  ON  A  DAMP
 SURFACE OR UPON UNHEATED CONCRETE OR STONE.
   4.  Inadequate shelter may be indicated by the appearance of the hous-
 ing facility itself, including but  not  limited  to,  size,  structural
 soundness,  evidence  of crowding within the housing facility, healthful
 environment in the area immediately surrounding such facility, or by the
 appearance or physical condition of the [dog] COMPANION ANIMAL.
   5. Upon a finding of any violation of this section, any [dog or  dogs]
 COMPANION  ANIMAL OR COMPANION ANIMALS seized pursuant to the provisions
 of this article that have not been voluntarily surrendered by the  owner
 or  custodian  or forfeited pursuant to court order shall be returned to
 the owner or custodian only  upon  proof  that  appropriate  shelter  as
 required  by  this  section  is being provided AND THE COMPLETION OF ANY
 SENTENCE OF IMPRISONMENT IMPOSED FOR VIOLATION OF THIS SECTION.
   6.  Nothing  in  this  section  shall  be  construed  to  affect   any
 protections  afforded to [dogs] COMPANION ANIMALS or other animals under
 any other provisions of this article.
   § 3. The agriculture and markets  law  is  amended  by  adding  a  new
 section 353-g to read as follows:
   §  353-G.  FAILURE  TO  PROVIDE  PROPER  FOOD AND DRINK TO A COMPANION
 ANIMAL. ANY PERSON WHO,  HAVING  OWNERSHIP,  CUSTODY  OR  CONTROL  OF  A
 COMPANION ANIMAL, REFUSES OR NEGLECTS TO SUPPLY SUCH ANIMAL A SUFFICIENT
 SUPPLY  OF  FOOD  OR  WATER  SO AS TO IMPAIR THE HEALTH OF THE COMPANION
 ANIMAL SHALL BE GUILTY OF A FELONY, PUNISHABLE BY A  FINE  OF  NOT  MORE
 THAN FIVE THOUSAND DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN TWO YEARS,
 OR BOTH SUCH FINE AND IMPRISONMENT.
   §  4.  Section  356  of the agriculture and markets law, as amended by
 chapter 458 of the laws of 1985, is amended to read as follows:
   § 356. Failure to provide proper food and drink to impounded animal. A
 person who, having impounded  or  confined  any  animal,  OTHER  THAN  A
 COMPANION  ANIMAL,  refuses  or neglects to supply to such animal during
 its confinement a sufficient supply of good  and  wholesome  air,  food,
 shelter  and  water, is guilty of a misdemeanor, punishable by imprison-
 ment for not more than one year, or by a fine of not more than one thou-
 sand dollars, or by both. In case  any  animal,  INCLUDING  A  COMPANION
 ANIMAL,  shall be at any time impounded as aforesaid, and shall continue
 to be without necessary food and water for more than  twelve  successive
 hours,  it  shall  be  lawful  for any person, from time to time, and as
 often as it shall be necessary, to enter into  and  upon  any  pound  in
 which any such animal shall be so confined, and to supply it with neces-
 sary food and water, so long as it shall remain so confined; such person
 shall  not  be  liable  to any action for such entry, and the reasonable
 cost of such food and water may be collected by  [him  of]  SUCH  PERSON
 FROM  the  owner of such animal, and the said animal shall not be exempt
 from levy and sale upon execution issued upon a judgment therefor.
   § 5. This act shall  take  effect  on  the  first  of  September  next
 succeeding the date on which it shall have become a law.

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Senate Bill S298

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Sponsored By

James Tedisco

Current Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Simcha Felder

Pamela Helming

Thomas F. O'Mara

Alexis Weik

2023-S298 (ACTIVE) - Details

2023-S298 (ACTIVE) - Summary

2023-S298 (ACTIVE) - Sponsor Memo

2023-S298 (ACTIVE) - Bill Text download pdf

Comments