NY State Senate Bill 2023-S6966

Senate Bill S6966

2023-2024 Legislative Session

Relates to code red, code blue, and weather alerts for companion animals during extreme weather; repealer

download bill text pdf

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
May 16, 2023	referred to agriculture

co-Sponsors

2023-S6966 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Rpld & add §353-d, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4577
2021-2022: S4999

2023-S6966 (ACTIVE) - Summary

Requires the department of agriculture and markets to issue code red, code blue and weather alerts for unattended companion animals during extreme weather; requires owners of companion animals to bring their animals indoors whenever a code red, code blue or weather alert has been issued.

2023-S6966 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6966

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to code red
and blue alerts for companion animals during extreme weather; and to
repeal certain provisions of such law relating to the confinement of
animals in vehicles

 
PURPOSE:

To create an alert system for requiring owners to bring companion
animals indoors during extreme weather

 
SUMMARY OF PROVISIONS:

Section 1: Creates the code red and code blue alert system and the
appropriate procedures for law enforcement when an owner violates this
section. Provides definitions. Requires the Department to issue code red
and code blue alerts through public service announcements Prohibits
owners from leaving animals outside during a code red or code blue

alert; Prohibits owners from leaving a companion animal inside a vehicle
during a code red or code blue alert; Owners who are on premises while
violating this section will be issued a notice to bring their animals
indoors. If the owner does not comply and continues to leave the animal
outside, law enforcement can seize the animal. When the owner cannot be
located, law enforcement may take the necessary steps to seize the
animal.If an animal is seized, law enforcement must provide written
Notice. A seized animal will be delivered to a humane society or SPCA
after receiving emergency medical care. Any person who knowingly or
after a warning, leaves a companion animal outside, or inside a vehicle,
during a code red or code blue alert, will be guilty of a violation not
less than $500 nor more than $1000 for the first offense and not less
than $1000 nor more than $2000 for the second offense. Good Samaritan
provisions Does not prohibit further protections by other articles.

Section 2. Effective Date.

 
JUSTIFICATION:

In 2018, 21 dogs were left outside in below freezing temperatures of 4
degrees. Just like humans, animals can get frostbite, suffer from diso-
rientation, heatstroke, and even die from these extreme temperatures.
Between 2017 and 2018, there were at least 50 reported companion animal
deaths related to cold weather. Current law requires dogs outdoors to
have appropriate shelter and allows for animals to be rescued when found
in cars with no ventilation or other protection from extreme weather.
This legislation would expand upon these provisions during extreme
weather conditions by setting up an alert system for owners and requir-
ing owners to bring in their companion animals during extreme weather.
Under this legislation, owners would be warned before their animal could
potentially be seized.

Furthermore, the creation of an alert system is crucial to notifying
owners when conditions are no longer safe for companion animals.
Companion animals are entirely dependent on their owners for their care
and wellbeing. New York must ensure the protection of all by requiring
animals to be brought indoors when the temperature is inappropriate for
staying outdoors. An individual who violates this section would be fined
between $500 and $1000 for t he first offense. Subsequent offenses fined
up to $2000. If an owner is available and knowingly ignores a warning,
or if the owner cannot be found, the companion animal may be seized,
similar to current law for dogs left in vehicles.

 
PRIOR LEGISLATIVE HISTORY:

Senate:

2022: S04999, Referred to agriculture

2021: 504999, Referred to agriculture

2020: S04577A , Reported and committed to finance

2019: S04577A - referred to agriculture/ Passed Senate

Assembly:

2022: A3066, Referred to agriculture

2021: A3066, Referred to agriculture

2020: A6995A, referred to agriculture

2019: A6995A, amended and recommitted to agriculture

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2023-S6966 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6966
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 code red
   and blue alerts for companion animals during extreme weather;  and  to
   repeal  certain  provisions of such law relating to the confinement of
   animals in vehicles
 
   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 is
 REPEALED and a new section 353-d is added to read as follows:
   § 353-D. CODE RED AND BLUE ALERTS FOR COMPANION ANIMALS DURING EXTREME
 WEATHER EVENTS. 1. FOR PURPOSES OF  THIS  SECTION  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EXTREME WEATHER" SHALL MEAN:
   (I)  WHEN  TEMPERATURES  WILL  REACH  THIRTY-TWO DEGREES FAHRENHEIT OR
 LOWER WITHOUT PRECIPITATION OR FORTY DEGREES FAHRENHEIT  OR  LOWER  WITH
 PRECIPITATION;
   (II) THE NATIONAL WEATHER SERVICE WIND-CHILL TEMPERATURE WILL BE THIR-
 TY-TWO DEGREES FAHRENHEIT OR LESS FOR A PERIOD OF ONE HOUR OR MORE;
   (III) THE HEAT INDEX IS FORECAST TO REACH EIGHTY DEGREES FAHRENHEIT OR
 HIGHER TO NINETY-NINE DEGREES FAHRENHEIT FOR ANY LENGTH OF TIME;
   (IV)  THE  TEMPERATURES  WILL  REACH EIGHTY-FIVE DEGREES FAHRENHEIT OR
 HIGHER FOR ANY LENGTH OF TIME;
   (V) INCLEMENT WEATHER CONDITIONS THAT ARE LIKELY TO  ADVERSELY  AFFECT
 THE  HEALTH OR SAFETY OF THE COMPANION ANIMAL, INCLUDING BUT NOT LIMITED
 TO RAIN, SLEET, ICE, SNOW, WIND, OR EXTREME HEAT AND COLD; OR
   (VI) WHEN THERE IS A "WEATHER ALERT" FROM A BROADCAST OF THE  NATIONAL
 WEATHER  SERVICE  REGARDING ONE OF THE FOLLOWING WEATHER-RELATED EVENTS:
 BLIZZARD WARNING, SEVERE THUNDERSTORM WATCH OR WARNING,  SEVERE  WEATHER
 STATEMENT, TORNADO WATCH OR WARNING, WINTER STORM WATCH OR WARNING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00007-03-3
 S. 6966                             2

 
   (B)  "COMPANION  ANIMAL"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN
 SECTION THREE HUNDRED FIFTY OF THIS ARTICLE.
   (C)  "COMPANION ANIMAL GUARDIAN" MEANS AN INDIVIDUAL WHO CURRENTLY HAS
 PHYSICAL CUSTODY OVER A COMPANION ANIMAL.
   2. (A) THE DEPARTMENT SHALL ISSUE CODE RED, OR CODE  BLUE  OR  WEATHER
 ALERTS  THROUGH  A  PUBLIC  SERVICE  ANNOUNCEMENT  WHENEVER  THERE IS AN
 EXTREME WEATHER  CONDITION.  SUCH  PUBLIC  SERVICE  ANNOUNCEMENTS  SHALL
 INCLUDE,  BUT  SHALL NOT BE LIMITED TO, THE GEOGRAPHICAL REGION AFFECTED
 BY THE EXTREME WEATHER CONDITION AND A  STATEMENT  THAT  ALL  UNATTENDED
 COMPANION ANIMALS SHOULD BE BROUGHT INDOORS.
   (B)  A  CODE  BLUE  ALERT  SHALL BE ISSUED WHENEVER AN EXTREME WEATHER
 EVENT AS DEFINED IN SUBPARAGRAPHS (I), (II) AND (V) OF PARAGRAPH (A)  OF
 SUBDIVISION ONE OF THIS SECTION OCCURS, A CODE RED ALERT SHALL BE ISSUED
 WHENEVER  AN  EXTREME  WEATHER  EVENT AS DEFINED IN SUBPARAGRAPHS (III),
 (IV) AND (V) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION OCCURS,
 AND A WEATHER ALERT SHALL BE ISSUED WHENEVER AN EXTREME WEATHER EVENT AS
 DEFINED IN SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION OCCURS.
   3. (A) NO OWNER OR GUARDIAN OF A COMPANION  ANIMAL  SHALL  LEAVE  SUCH
 ANIMAL  OR ANIMALS (I) UNATTENDED OUTSIDE DURING A CODE RED OR CODE BLUE
 ALERT; OR (II) INSIDE OF A VEHICLE WITHOUT PROPER  VENTILATION,  COOLING
 OR  HEATING,  OR  OTHER  PROTECTION  WHERE SUCH CONFINEMENT IN A VEHICLE
 PLACES THE COMPANION ANIMAL IN IMMINENT DANGER OF DEATH OR SERIOUS PHYS-
 ICAL INJURY REGARDLESS OF WHETHER A CODE RED OR CODE BLUE ALERT HAS BEEN
 ISSUED AND WHETHER OR NOT PREVAILING TEMPERATURES CONSTITUTE AN  EXTREME
 WEATHER  EVENT  AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION.
   (B) NO OWNER SHALL MUZZLE AN UNATTENDED COMPANION ANIMAL DURING A CODE
 RED ALERT.
   (C) ANIMAL CONTROL OFFICERS, DOG CONTROL  OFFICERS,  POLICE  OFFICERS,
 PEACE  OFFICERS,  AND PEACE OFFICERS ACTING AS AGENTS OF A DULY INCORPO-
 RATED HUMANE SOCIETY SHALL HAVE THE AUTHORITY TO  ASSESS  THE  SITUATION
 AND  DETERMINE  IF AN ANIMAL IS IN DISTRESS OR DANGER WHENEVER A CALL IS
 MADE OR THEY COME ACROSS AN ANIMAL IN DISTRESS OR DANGER DURING  A  CODE
 RED,  CODE  BLUE OR WEATHER ALERT EVENT, OR REGARDLESS OF WHETHER A CODE
 RED OR CODE BLUE ALERT HAS BEEN ISSUED, AND WHETHER  OR  NOT  PREVAILING
 TEMPERATURES  CONSTITUTE  AN EXTREME WEATHER EVENT AS SET FORTH IN PARA-
 GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   (D) ANIMAL CONTROL OFFICERS, DOG CONTROL  OFFICERS,  POLICE  OFFICERS,
 PEACE  OFFICERS,  AND PEACE OFFICERS ACTING AS AGENTS OF A DULY INCORPO-
 RATED HUMANE SOCIETY SHALL ISSUE WARNINGS  TO  OWNERS  OR  GUARDIANS  OF
 COMPANION ANIMALS WHO HAVE VIOLATED THE PROVISIONS OF PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION.  IF THE COMPANION ANIMAL OWNER OR GUARDIAN DOES
 NOT  COMPLY  WITH  SUCH WARNING SUCH ANIMAL CONTROL OFFICER, DOG CONTROL
 OFFICER, POLICE OFFICER, PEACE OFFICER, OR PEACE OFFICER  ACTING  AS  AN
 AGENT  OF  A  DULY INCORPORATED HUMANE SOCIETY SHALL SEIZE THE COMPANION
 ANIMAL.
   4. WHERE THE OWNER OR GUARDIAN OF A COMPANION ANIMAL CANNOT BE PROMPT-
 LY LOCATED, SUCH ANIMAL CONTROL OFFICER,  DOG  CONTROL  OFFICER,  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 FROM THE PROPERTY OR VEHICLE.
   5.  ANIMAL  CONTROL  OFFICERS,  DOG CONTROL OFFICERS, POLICE OFFICERS,
 PEACE OFFICERS, OR PEACE OFFICERS ACTING AS AN AGENT OF A DULY  INCORPO-
 RATED  HUMANE SOCIETY REMOVING AN ANIMAL OR ANIMALS FROM A PROPERTY OR A
 VEHICLE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL PLACE A WRIT-
 S. 6966                             3
 
 TEN NOTICE ON THE DOOR OF SUCH PROPERTY OR ON OR IN THE VEHICLE, BEARING
 THE NAME OF THE OFFICER OR AGENT,  AND  THE  DEPARTMENT  OR  AGENCY  AND
 ADDRESS WHERE THE ANIMAL OR ANIMALS WILL BE TAKEN.
   6. AN ANIMAL OR ANIMALS REMOVED FROM A PROPERTY OR 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.
   7. ANY  PERSON  WHO  KNOWINGLY,  OR  AFTER  A  WARNING,  VIOLATES  THE
 PROVISIONS  OF  SUBDIVISION  THREE  OF THIS SECTION SHALL BE GUILTY OF A
 VIOLATION, PUNISHABLE BY A FINE OF UP TO  ONE  THOUSAND  DOLLARS  FOR  A
 FIRST OFFENSE, AND A FINE OF UP TO TWO THOUSAND DOLLARS FOR A SECOND AND
 SUBSEQUENT OFFENSES.
   8.  OFFICERS AND AGENTS SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE
 FOR ACTIONS TAKEN REASONABLY AND IN  GOOD  FAITH  IN  CARRYING  OUT  THE
 PROVISIONS OF THIS SECTION.
   9.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY WHERE THE MINIMUM
 STANDARDS OF DETERMINING WHETHER SHELTER IS APPROPRIATE  FOR  AN  ANIMAL
 ARE  MET.  SUCH  MINIMUM  STANDARDS  FOR  DETERMINING WHETHER SHELTER IS
 APPROPRIATE TO AN ANIMAL'S BREED, PHYSICAL  CONDITION  AND  THE  CLIMATE
 SHALL INCLUDE:
   (A)  FOR  ANIMALS THAT ARE RESTRAINED IN ANY MANNER OUTDOORS, SHADE BY
 NATURAL OR ARTIFICIAL MEANS TO PROTECT THE ANIMAL FROM  DIRECT  SUNLIGHT
 AT  ALL TIMES WHEN EXPOSURE TO SUNLIGHT IS LIKELY TO THREATEN THE HEALTH
 OF THE ANIMAL.
   (B) FOR ALL ANIMALS THAT ARE LEFT OUTDOORS  IN  INCLEMENT  WEATHER,  A
 HOUSING FACILITY, WHICH MUST: (I) HAVE A WATERPROOF ROOF; (II) BE STRUC-
 TURALLY  SOUND  WITH INSULATION APPROPRIATE TO LOCAL CLIMATIC CONDITIONS
 AND SUFFICIENT TO PROTECT THE ANIMAL FROM INCLEMENT  WEATHER;  (III)  BE
 CONSTRUCTED  TO  ALLOW  EACH 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 (IV) ALLOW FOR
 EFFECTIVE REMOVAL OF EXCRETIONS, OTHER WASTE MATERIAL, DIRT  AND  TRASH.
 THE  HOUSING  FACILITY  AND THE AREA IMMEDIATELY SURROUNDING IT SHALL BE
 REGULARLY CLEANED TO MAINTAIN A HEALTHY AND SANITARY ENVIRONMENT AND  TO
 MINIMIZE HEALTH HAZARDS.
   10. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO AFFECT ANY
 OTHER   PROTECTIONS  AFFORDED  TO  COMPANION  ANIMALS  UNDER  ANY  OTHER
 PROVISIONS OF THIS ARTICLE.
   11. POLICE ACADEMIES SHALL INCLUDE IN THEIR  CURRICULUMS  AND  IN  THE
 TRAINING  MANUALS  FOR  BOTH POLICE OFFICERS AND ANIMAL CONTROL OFFICERS
 THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S6966

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Sponsored By

James Skoufis