-  This bill is not active in this session.
 

A05823 Summary:

BILL NOA05823A
 
SAME ASSAME AS S05023-A
 
SPONSORRosenthal L
 
COSPNSRGottfried, Lavine, McDonald, Simon, Fahy
 
MLTSPNSR
 
Amd §6714, Ed L
 
Requires veterinarians to report suspected animal cruelty to the police, duly incorporated society for the prevention of cruelty to animals, peace officer, district attorney's office, animal control officer, department of agriculture and markets, or other appropriate government agency and to turn over necessary records; protects the identity of such veterinarians; allows such veterinarians to receive a copy of such report.
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A05823 Actions:

BILL NOA05823A
 
02/25/2021referred to higher education
05/19/2021amend and recommit to higher education
05/19/2021print number 5823a
05/25/2021reported referred to codes
06/07/2021reported referred to rules
06/08/2021reported
06/08/2021rules report cal.568
06/08/2021substituted by s5023a
 S05023 AMEND=A GIANARIS
 02/22/2021REFERRED TO HIGHER EDUCATION
 05/18/2021AMEND AND RECOMMIT TO HIGHER EDUCATION
 05/18/2021PRINT NUMBER 5023A
 06/02/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/02/2021ORDERED TO THIRD READING CAL.1447
 06/03/2021PASSED SENATE
 06/03/2021DELIVERED TO ASSEMBLY
 06/03/2021referred to codes
 06/08/2021substituted for a5823a
 06/08/2021ordered to third reading rules cal.568
 06/10/2021passed assembly
 06/10/2021returned to senate
 10/22/2021DELIVERED TO GOVERNOR
 10/30/2021SIGNED CHAP.546
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A05823 Committee Votes:

HIGHER EDUCATION Chair:Glick DATE:05/25/2021AYE/NAY:25/0 Action: Favorable refer to committee Codes
GlickAyeWalczykAye
GottfriedAyeSmithAye
EnglebrightAyeFitzpatrickAye
CahillAyeReillyAye
CusickAyeSalkaAye
LupardoAyeSmullenAye
StirpeAyeGandolfoAye
FahyAye
PichardoAye
SimonAye
McDonaldAye
Bichotte HermelAye
HyndmanAye
EpsteinAye
GriffinAye
McMahonAye
ButtenschonAye
ClarkAye
ForrestExcused

CODES Chair:Dinowitz DATE:06/07/2021AYE/NAY:22/0 Action: Favorable refer to committee Rules
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

RULES Chair:Gottfried DATE:06/08/2021AYE/NAY:30/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A05823 Floor Votes:

There are no votes for this bill in this legislative session.
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A05823 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5823A
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the education law, in relation to mandating the report- ing of suspected animal cruelty by veterinarians   PURPOSE: This bill adopts the gold standard in prevention of animal abuse by mandating that veterinarians report suspected abuse to authorities.   SUMMARY OF PROVISIONS: Section one amends paragraphs a and b of subdivision 2 of section 6714 of the education law. Section two sets forth the effective date.   JUSTIFICATION: Frequently cases of animal abuse go unaddressed because they are not brought to the attention of authorities. In some instances, a veterina- rian treating an abused or neglected animal might be the only person who witnesses the results of the abuse or neglect. If a veterinarian reason- ably and in good faith suspects that a companion animal's injury, illness or condition is the result of animal cruelty, the veterinarian should be required to report the incident and be able to disclose records concerning the companion animal's condition and treatment to the police or other appropriate government agency or any agent thereof. This legislation changes the current law which "allows" veterinarians to report suspected abuse, to "requiring" veterinarians to report suspected cases of abuse and neglect. Veterinarians are medical professionals with a duty to care and protect animals. When, in their professional judg- ment, they suspect cases of abuse or neglect, they should be required to report it.   LEGISLATIVE HISTORY: 2019-20: A.1170 Referred to Higher Education, S.7815 - Referred to High- er Education 2017-18: A.4904 Referred to Higher Education; S.621 - Referred to Higher Education 2015-16: A.9346 Referred to Higher Education; S.6659 - Referred to High- er Education   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect on the sixtieth day after it shall have become a law.
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A05823 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5823--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 25, 2021
                                       ___________
 
        Introduced  by M. of A. L. ROSENTHAL, GOTTFRIED, LAVINE, McDONALD, SIMON
          -- read once and referred to the  Committee  on  Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the education law, in relation to mandating the  report-
          ing of suspected animal cruelty by veterinarians
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (a) and (b) of subdivision 2 of section 6714  of
     2  the  education  law,  as  added  by chapter 653 of the laws of 2003, are
     3  amended to read as follows:
     4    (a) When a veterinarian reasonably and in good faith suspects  that  a
     5  companion  animal's injury, illness or condition is the result of animal
     6  cruelty [or a] in violation of [any state or federal law  pertaining  to
     7  the  care,  treatment,  abuse  or neglect of a companion animal] section
     8  three hundred fifty-one, three  hundred  fifty-three  or  three  hundred
     9  fifty-three-a of the agriculture and markets law, the veterinarian [may]
    10  shall  report the incident and disclose records concerning the companion
    11  animal's condition and treatment to [the police, duly incorporated soci-
    12  ety for the prevention of cruelty to animals,  peace  officer,  district
    13  attorney's office, animal control officer, department of agriculture and
    14  markets,  other appropriate government agency, or any agent thereof] any
    15  officer or agent authorized pursuant to sections three hundred  seventy-
    16  one  and  three hundred seventy-three of the agriculture and markets law
    17  to respond to and investigate complaints of animal cruelty. The identity
    18  of such veterinarian making a report pursuant to  this  paragraph  shall
    19  only  be  made  available  to an officer or agent authorized pursuant to
    20  section three hundred seventy-one or three hundred seventy-three of  the
    21  agriculture and markets law.
    22    (b) When a veterinarian reasonably believes that disclosure of records
    23  as  defined  in  this  section,  is  necessary  to protect the health or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00524-07-1

        A. 5823--A                          2
 
     1  welfare of a companion animal, a person or the public, the  veterinarian
     2  may  disclose such records to [the police, duly incorporated society for
     3  the prevention of cruelty to  animals,  peace  officer,  animal  control
     4  officer,  department  of  agriculture  and  markets,  other  appropriate
     5  government agency, or any agent thereof] any officer or agent authorized
     6  pursuant to sections three hundred seventy-one and three hundred  seven-
     7  ty-three  of  the agriculture and markets law to respond to and investi-
     8  gate complaints of animal cruelty.   The identity of  such  veterinarian
     9  making  a disclosure of records pursuant to this paragraph shall only be
    10  made available to an officer or agent  authorized  pursuant  to  section
    11  three hundred seventy-one or three hundred seventy-three of the agricul-
    12  ture and markets law.
    13    (c) Any such veterinarian who reports an incident or discloses records
    14  concerning  a  companion  animal's  condition  and treatment pursuant to
    15  paragraph (a) or (b) of this subdivision shall be  entitled  to  receive
    16  and  be provided with, at no cost to such veterinarian, written or elec-
    17  tronic documentation of such report by the agent or officer to whom such
    18  report was made. Such report shall include but not  be  limited  to  the
    19  date  such  report was made, the identity of the individual against whom
    20  such report was made, the species and description of  the  animal  about
    21  which such report was made, the nature of the injuries to the animal and
    22  the name and license number of the veterinarian who made such report.
    23    § 2. This act shall take effect on the one hundred twentieth day after
    24  it shall have become a law.
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