NY State Senate Bill 2009-S3751

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Mar 31, 2009	referred to education

2009-S3751 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §809, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S1302

2009-S3751 (ACTIVE) - Summary

Relates to the humane treatment of animals by students in schools, in connection with school sponsored events or activities and experimental studies in laboratories.

2009-S3751 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3751

 TITLE OF BILL :
An act to amend the education law, in relation to the humane treatment
of animals


 PURPOSE OR GENERAL IDEA OF BILL :
To incorporate the 40 year old roles of the Intel Science Talent
Search (formerly the Westinghouse Science Talent Search) regarding the
humane treatment of vertebrate animals used in lessons or experimental
studies by students, to eliminate the current waiver system, and to
require teachers to inform students of their rights under the law.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends subdivisions 4, 5, and 6 of section 809 of the
education law and adds a new subdivision 7.  Subdivision 4 provides
that teachers must notify students of their rights prior to any work
with any animal for dissection. Subdivision 5 is reworded to include a
definition for "live vertebrates" and two exclusions from the ban on
live animal experimentation. Subdivision 6 contains language
pertaining to the filing of the "non-human vertebrate exception form"
in cases where animal experimentation is done pursuant to the
provisions of this bill for reporting and information reasons.
Subdivision 7 states that the commissioner shall promulgate rules and
develop such forms as necessary to effectuate the purposes of this

section.

Section 2 contains the effective date.

 JUSTIFICATION :
The 1994 amendments to section 809 of the Education Law were intended
to restrict live vertebrate animal experimentation by high
school,students by banning experimentation in all but a few
exceptions. According to the provisions of this law, waivers were
necessary in order for students to be involved in experiments on
vertebrate animals if those experiments included intrusive or harmful
methods. Since 1994 however, only three waivers have been applied for,
and countless numbers of students who seemingly should have applied
for waivers submitted projects to various science fairs without them.

In response to the inadequacy of the waiver system, new standards,
such as,those of the Intel Science Talent Search (formerly known as
the Westinghouse Science Talent Search) should be included. These
standards prohibit live animal experimentation with the exception of
non invasive studies and those studies in which the student is
provided with such components as tissue or blood from an animal which
is currently under experimentation by researchers These new provisions
provide a standardized procedure for the use of animals in
experiments.

In cases where experiments with animals pursuant to the restrictions
in the amended law take place, a "non-human vertebrate exception form"
must be filed With the commissioner of education. This form is not
submitted for permission or for a waiver, instead, these forms provide
a basis of knowledge for the Commissioner and legislature in regard to
the treatment of vertebrate animals in experiments by students in any
school or during any activity conducted under the auspices of such
school, such as science fair projects. In addition, these changes will
help insure more humane care of animals.

 PRIOR LEGISLATIVE HISTORY :
A.585 of 2008 - Referred to Education
A.10661 of 2006 - Referred to Education

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
The following July after which the bill has been passed into law.

2009-S3751 (ACTIVE) - Bill Text download pdf

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

                                  3751

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 31, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed 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
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

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

S. 3751                             2

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.

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Senate Bill S3751

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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2009-S3751 (ACTIVE) - Details

2009-S3751 (ACTIVE) - Summary

2009-S3751 (ACTIVE) - Sponsor Memo

2009-S3751 (ACTIVE) - Bill Text download pdf

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2009-S3751 (ACTIVE) - Details

2009-S3751 (ACTIVE) - Summary

2009-S3751 (ACTIVE) - Sponsor Memo

2009-S3751 (ACTIVE) - Bill Text download pdf

Comments