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A07388 Summary:

BILL NOA07388
 
SAME ASSAME AS S07011
 
SPONSORBlumencranz
 
COSPNSRYeger, Berger, Brown E, Tapia, Norber, Bendett, Burdick, Brook-Krasny
 
MLTSPNSR
 
Amd §11-0512, En Con L
 
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.
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A07388 Actions:

BILL NOA07388
 
03/25/2025referred to environmental conservation
05/20/2025held for consideration in environmental conservation
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A07388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7388
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 25, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred 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-
    24  tions or any facility with a valid tax identification number and  recog-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04484-01-5

        A. 7388                             2
 
     1  nized as a sanctuary under state or federal law, granting them the right
     2  to  an  administrative hearing before the seizure or euthanization of an
     3  animal, except in exigent circumstances where there is an immediate risk
     4  to  public  safety.  Animals  maintained  by registered sanctuaries that
     5  adhere to state and federal guidelines shall be exempt from seizure  and
     6  euthanization  procedures  unless  there is documented evidence that the
     7  animal presents an immediate threat to public safety, as confirmed by  a
     8  qualified veterinarian;
     9    1-a.  For the purposes of this section, the following terms shall have
    10  the following meanings:
    11    a. "Sanctuary" shall mean a facility legally registered as a 501(c)(3)
    12  or any other facility with a valid tax identification number that  oper-
    13  ates  under  state or federal law as a sanctuary, intended to house wild
    14  animals in non-domestic, non-pet capacities, as defined  in  subdivision
    15  thirty-two of section 11-0103 of this article.
    16    b.  "Immediate risk" is defined as situations where the presence of an
    17  animal poses a substantiated and direct threat to public health or safe-
    18  ty, as confirmed by a licensed veterinarian.
    19    11. Any animal seized by the department for testing or  public  health
    20  concerns is subject to a mandatory seventy-two-hour waiting period prior
    21  to euthanization, unless an immediate risk to public health or safety is
    22  verified  by a licensed veterinarian. During this period, the department
    23  shall inform the owner or sanctuary in writing of their rights:
    24    a. The right to appeal the seizure and euthanization  within  seventy-
    25  two hours of notification; and
    26    b.  The  right  to arrange immediate veterinary care, provided it does
    27  not endanger public health.
    28    12. An owner or sanctuary  may  file  an  emergency  appeal  with  the
    29  department  within  the  seventy-two-hour  waiting period to contest the
    30  decision to euthanize. Upon appeal,  an  emergency  review  board  shall
    31  convene  within the department, consisting of a licensed veterinarian, a
    32  sanctuary representative, and a public health  official  to  review  the
    33  circumstances.   While an appeal is pending, the department shall ensure
    34  safe containment of the animal, either in a department-approved facility
    35  or within the sanctuary under specific containment measures, to mitigate
    36  any risk to public safety. The appellate board shall issue a final deci-
    37  sion within forty-eight hours of the appeal filing. Should euthanization
    38  proceed, the department shall  publicly  release  all  relevant  testing
    39  results  within  seven days. If test results are found to be negative, a
    40  licensed wildlife sanctuary shall have the right to seek redress for any
    41  harm caused by euthanization of such animal.
    42    13. The department shall issue a quarterly report to the governor, the
    43  temporary president of the senate, the speaker of the assembly, and  the
    44  minority leaders of the assembly and senate containing annual statistics
    45  on  the  number  of animal seizures, euthanizations, appellate outcomes,
    46  and decisions, to provide transparency  and  inform  future  legislative
    47  adjustments.  The information contained within this report shall also be
    48  published on the department's website.
    49    § 4. This act shall take effect immediately.
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