Establishes the research animal retirement act; requires research dogs and cats at higher education research facilities or facilities that provide research in collaboration with a higher education facility, to be offered for placement with non-profit animal rescue and shelter organizations; provides that such facilities may enter into agreements with rescue and shelter organizations for implementation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3622
SPONSOR: Brook-Krasny (MS)
 
TITLE OF BILL:
An act to amend the education law, in relation to requiring research
dogs and cats at certain facilities to be offered for adoption through
private placement or a non-profit animal rescue and shelter organization
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would adopt the gold standard in canine and feline
welfare by creating regulations pertaining to the treatment of dogs and
cats at the end of any research performed on these animals.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. "The Research Animal Retirement Act" amends the education law
by adding a new section 378-a by requiring publicly funded animal
research facilities to seek adoption for those animals not required to
be euthanized when testing is complete.
Section 2. effective date.
 
JUSTIFICATION:
State-funded research facilities (such as university laboratories) some-
times utilize dogs and cats for research. If the animals do not have to
be euthanized at the end of the tests for the sake of necropsy/cell and
tissue samples, these dogs and cats deserve a chance to be adopted out.
These labs should be required to make this effort.
Currently there are many laws covering the treatment of animals in labs
relating to food, pain management, bedding and enrichment devices. When
the research is complete it is up to the discretion of lab workers to
try to find homes for their canine and feline subjects. After all that
these animals have endured, they deserve the extra effort by the
research facility. This legislation would ensure that dog and cat test-
ing subjects be afforded the opportunity to live out their lives in
loving homes.
 
PRIOR LEGISLATIVE HISTORY:
2013-2014: A 9900-A Referred to Higher Education, Amend (t) and Recommit
to Higher Education, Print Number 9900a
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law, provided that the
commissioner of education is authorized to promulgate any and all rules
and regulations and take any other measures necessary
STATE OF NEW YORK
________________________________________________________________________
3622
2015-2016 Regular Sessions
IN ASSEMBLY
January 27, 2015
___________
Introduced by M. of A. BROOK-KRASNY, MOSLEY, SKOUFIS, TITONE, OTIS,
SCARBOROUGH, GOTTFRIED, MILLER -- Multi-Sponsored by -- M. of A.
CAMARA, GLICK, LUPARDO, LUPINACCI, PERRY, RIVERA, SCHIMEL, SKARTADOS,
TEDISCO -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring research
dogs and cats at certain facilities to be offered for adoption through
private placement or a non-profit animal rescue and shelter organiza-
tion
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Research animal retirement act".
3 § 2. The education law is amended by adding a new section 239-b to
4 read as follows:
5 § 239-b. Research dogs and cats. 1. A higher education research
6 facility that receives public money, including tax-exempt status, or a
7 facility that provides research in collaboration with a higher education
8 facility, and other related research facilities that confine dogs or
9 cats for science or research purposes shall, after the completion of any
10 testing or research where the animal's destruction is not required and
11 the animal is no longer needed, offer the dogs or cats for adoption,
12 either through private placement or to non-profit animal rescue and
13 shelter organizations for adoption prior to euthanizing such animals. If
14 private placement is unsuccessful such facility shall offer the dogs or
15 cats to non-profit animal rescue and shelter organizations prior to
16 euthanizing.
17 2. A facility that is required to offer dogs or cats to non-profit
18 animal rescue and shelter organizations under this section may enter
19 into an agreement with non-profit animal rescue and shelter organiza-
20 tions for the implementation of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02532-01-5
A. 3622 2
1 3. A facility that is required to offer dogs or cats for adoption
2 under this section shall owe no duty of care to any non-profit animal
3 rescue and shelter organization that accepts the animal or to any person
4 or entity that may adopt such animals, whether through such organiza-
5 tions or through private placement. No assumption of responsibility or
6 liability for injuries, property damage, or other damages or losses
7 shall be incurred by such research facility on account of the adoption
8 or placement of any dog or cat pursuant to the provisions of this arti-
9 cle.
10 § 3. This act shall take effect on the sixtieth day after it shall
11 have become a law, provided that the state education department is
12 authorized to promulgate any and all rules and regulations and take any
13 other measures necessary to implement this act on its effective date, on
14 or before such date.