Assembly Bill A3467

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3467

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, GLICK, MILLMAN, CARROZZA, PAULIN,
  J. RIVERA, HOOPER, KELLNER, COLTON -- Multi-Sponsored by -- M.  of  A.
  BENJAMIN, DESTITO, GALEF, GUNTHER, MAYERSOHN, McENENY, PERRY, PHEFFER,
  SWEENEY,  WEISENBERG  --  read  once  and referred to the Committee on
  Education

AN ACT to amend the education law, in relation to the  humane  treatment
  of animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 4, 5 and 6 of section  809  of  the  education
law,  as  amended  by chapter 542 of the laws of 1994, are amended and a
new subdivision 7 is added to read as follows:
  4. Dissection of animals. Any student expressing a moral or  religious
objection  to  the  performance  or  witnessing  of the dissection of an
animal, either wholly or in part, shall be provided the  opportunity  to
undertake  and complete an alternative project that shall be approved by
such student's  teacher;  provided,  however,  that  such  objection  is
substantiated  in  writing  by  the  student's parent or legal guardian.
Students who perform alternative projects who do not perform or  witness
the dissection of animals shall not be penalized.  TEACHERS SHALL NOTIFY
STUDENTS  OF THEIR RIGHTS UNDER THIS SUBDIVISION PRIOR TO THE USE OF ANY
ANIMAL FOR DISSECTION.
  5. Treatment of live vertebrate animals. a. Except as provided for  in
this  subdivision,  no school district, school principal, administrator,
or teacher shall require or permit the performance of a lesson or exper-
imental study on a live vertebrate animal in any such school  or  during
any  activity conducted under the auspices of such school whether or not
the activity takes place on the premises  of  such  school  [where  such
lesson  or  experimental  study employs: (i) micro-organisms which cause
disease in humans or  animals,  (ii)  ionizing  radiation,  (iii)  known
cancer  producing  agents,  (iv)  chemicals  at  toxic levels, (v) drugs

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05657-01-9
              

A. 3467                             2

producing pain or deformity, (vi) severe extremes of temperature,  (vii)
electric or other shock, (viii) excessive noise, (ix) noxious fumes, (x)
exercise  to  exhaustion,  (xi)  overcrowding, (xii) paralysis by muscle
relaxants or other means, (xiii) deprivation or excess of food, water or
other  essential  nutrients, (xiv) surgery or other invasive procedures,
(xv) other extreme stimuli, or (xvi) termination of life].
  b. [Notwithstanding any inconsistent provision of  this  section,  the
commissioner  may,  upon the submission of a written program plan, issue
to such school a  written  waiver  of  such  restrictions  for  students
subject  to  the following provisions: (i) the student shall be in grade
ten, eleven, or twelve; and (ii) the student shall be under  the  super-
vision  of  one  or  more  teachers  certified in science; and (iii) the
student shall be pursuing an accelerated course of study in the sciences
as defined by the commissioner in preparation  for  taking  a  state  or
national  advanced placement examination. The commissioner shall issue a
waiver of  such  restrictions  for  any  teacher  certified  in  science
instructing  such  student.  The written program plan shall include, but
not be limited to: (i) the educational basis for  requesting  a  waiver;
(ii)  the  objective  of the lesson or experiment; (iii) the methods and
techniques to be used; and (iv) any other information  required  by  the
commissioner.]  LIVE  VERTEBRATES  ARE  DEFINED  AS  ANY LIVE, NON-HUMAN
VERTEBRATE, MAMMALIAN EMBRYO OR FETUS,  BIRD  AND  REPTILE  EGGS  WITHIN
THREE DAYS (72 HOURS) OF HATCHING, AND ALL OTHER VERTEBRATES AT HATCHING
OR BIRTH. EXCLUDED FROM THE ABOVE PROVISIONS ARE:
  (I)  LESSONS  AND  EXPERIMENTAL  STUDIES  INVOLVING  ANIMALS  IN THEIR
NATURAL ENVIRONMENT THAT  ARE  NON-INVASIVE  AND  NON-INTRUSIVE  STUDIES
(I.E.  OBSERVATIONAL,  BEHAVIORAL) THAT DO NOT AFFECT AN ANIMAL'S HEALTH
OR WELL-BEING BY CAUSING STRESS, DISCOMFORT OR PAIN  AND  IN  WHICH  THE
STUDENT WILL HAVE NO PHYSICAL CONTACT WITH THE ANIMAL; OR
  (II)  LESSONS AND EXPERIMENTAL STUDIES BEING CONDUCTED IN A REGISTERED
INSTITUTION OR LABORATORY WHERE ANIMAL EXPERIMENTATION IS  TAKING  PLACE
AND  IN WHICH THE STUDENT WILL HAVE NO PHYSICAL CONTACT WITH THE ANIMAL;
AND THE STUDENT WORKS ONLY  WITH  NON-LIVING  MATERIAL  (E.G.    TISSUE,
BLOOD)  THAT  HAS BEEN SUPPLIED TO THE STUDENT BY THE SUPERVISING SCIEN-
TIST; AND THE ANIMAL INVOLVED IS SACRIFICED FOR A PURPOSE OTHER THAN THE
RESEARCH BEING CONDUCTED BY THE STUDENT.
  ALL OF THE ABOVEMENTIONED LESSONS, AND EXPERIMENTAL STUDIES MUST  HAVE
A  NON-HUMAN VERTEBRATE ANIMAL EXCEPTION FORM COMPLETED BY THE STUDENT'S
SUPERVISING SCIENTIST WHICH ATTESTS TO COMPLIANCE WITH THIS SUBDIVISION.
SUCH FORMS SHALL BE SENT BY THE STUDENT'S  SCHOOL  TO  THE  COMMISSIONER
UPON COMMENCEMENT OF THE LESSONS OR EXPERIMENTAL STUDIES.
  6.  Report.  On or before the first day of January next succeeding the
effective date of this amended section, the commissioner shall  annually
submit a report to the governor and the legislature which shall include,
but  not  be  limited  to, the [number of written program plan proposals
submitted by schools and  the  number  of  such  proposals  subsequently
approved  by  the  commissioner.  In  those  cases  where a program plan
proposal has been approved by  the  commissioner,  such  plan  shall  be
appended  to and become a part of the commissioner's annual report] NON-
HUMAN VERTEBRATE EXCEPTION  FORMS  COMPLETED  BY  STUDENTS'  SUPERVISING
SCIENTIST AND SUBMITTED TO THE COMMISSIONER BY THEIR SCHOOLS.
  7.  THE  COMMISSIONER  SHALL PROMULGATE SUCH RULES AND REGULATIONS AND
DEVELOP SUCH FORMS AS ARE NECESSARY TO EFFECTUATE THE PURPOSES  OF  THIS
SECTION.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.