Enacts "Peanut's law: humane animal protection act" to provide humane treatment, safeguard animal welfare and strengthen the rights of animal sanctuaries and responsible owners in retaining custody, implementing due process safeguards, and guaranteeing public safety while an appeal is pending; requires an administrative hearing before the seizure or euthanization of an animal under the care of a wildlife sanctuary, unless there is documented evidence that the animal presents an immediate threat to public safety; further provides that any animal seized by the department of environmental conservation for testing or public concerns is subject to a 72-hour waiting period prior to euthanization; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
7011
2025-2026 Regular Sessions
IN SENATE
March 28, 2025
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law, in relation to
providing additional protections against seizure and euthanization for
animals under the care of registered sanctuaries
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Peanut's
2 law: humane animal protection act".
3 § 2. Legislative findings and intent. The legislature finds that
4 animals under the care of registered sanctuaries, such as the widely
5 reported case of Peanut the Squirrel, require additional protections
6 against seizure and euthanization. This act aims to ensure humane treat-
7 ment, safeguard animal welfare, provide a clear appellate process,
8 uphold public safety and human welfare, and to strengthen the rights of
9 animal sanctuaries and responsible owners in retaining custody, imple-
10 menting due process safeguards, and guaranteeing public safety while an
11 appeal is pending. It intends to balance these priorities by ensuring
12 that animal owners and licensed sanctuaries have a reasonable opportu-
13 nity to appeal and to establish criteria for the safe confinement of
14 animals during appeals.
15 § 3. Paragraph h of subdivision 2 of section 11-0512 of the environ-
16 mental conservation law, as amended by chapter 10 of the laws of 2005,
17 is amended and four new subdivisions 1-a, 11, 12 and 13 are added to
18 read as follows:
19 h. A wildlife sanctuary as defined in subdivision thirty-two of
20 section 11-0103 of this article. Any licensed wildlife sanctuary, as
21 defined in subdivision thirty-two of section 11-0103 of this article,
22 shall have specific procedural rights and protections for animals in its
23 care. This includes facilities legally operating as 501(c)(3) organiza-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04484-01-5
S. 7011 2
1 tions or any facility with a valid tax identification number and recog-
2 nized as a sanctuary under state or federal law, granting them the right
3 to an administrative hearing before the seizure or euthanization of an
4 animal, except in exigent circumstances where there is an immediate risk
5 to public safety. Animals maintained by registered sanctuaries that
6 adhere to state and federal guidelines shall be exempt from seizure and
7 euthanization procedures unless there is documented evidence that the
8 animal presents an immediate threat to public safety, as confirmed by a
9 qualified veterinarian;
10 1-a. For the purposes of this section, the following terms shall have
11 the following meanings:
12 a. "Sanctuary" shall mean a facility legally registered as a 501(c)(3)
13 or any other facility with a valid tax identification number that oper-
14 ates under state or federal law as a sanctuary, intended to house wild
15 animals in non-domestic, non-pet capacities, as defined in subdivision
16 thirty-two of section 11-0103 of this article.
17 b. "Immediate risk" is defined as situations where the presence of an
18 animal poses a substantiated and direct threat to public health or safe-
19 ty, as confirmed by a licensed veterinarian.
20 11. Any animal seized by the department for testing or public health
21 concerns is subject to a mandatory seventy-two-hour waiting period prior
22 to euthanization, unless an immediate risk to public health or safety is
23 verified by a licensed veterinarian. During this period, the department
24 shall inform the owner or sanctuary in writing of their rights:
25 a. The right to appeal the seizure and euthanization within seventy-
26 two hours of notification; and
27 b. The right to arrange immediate veterinary care, provided it does
28 not endanger public health.
29 12. An owner or sanctuary may file an emergency appeal with the
30 department within the seventy-two-hour waiting period to contest the
31 decision to euthanize. Upon appeal, an emergency review board shall
32 convene within the department, consisting of a licensed veterinarian, a
33 sanctuary representative, and a public health official to review the
34 circumstances. While an appeal is pending, the department shall ensure
35 safe containment of the animal, either in a department-approved facility
36 or within the sanctuary under specific containment measures, to mitigate
37 any risk to public safety. The appellate board shall issue a final deci-
38 sion within forty-eight hours of the appeal filing. Should euthanization
39 proceed, the department shall publicly release all relevant testing
40 results within seven days. If test results are found to be negative, a
41 licensed wildlife sanctuary shall have the right to seek redress for any
42 harm caused by euthanization of such animal.
43 13. The department shall issue a quarterly report to the governor, the
44 temporary president of the senate, the speaker of the assembly, and the
45 minority leaders of the assembly and senate containing annual statistics
46 on the number of animal seizures, euthanizations, appellate outcomes,
47 and decisions, to provide transparency and inform future legislative
48 adjustments. The information contained within this report shall also be
49 published on the department's website.
50 § 4. This act shall take effect immediately.
