S T A T E O F N E W Y O R K
________________________________________________________________________
3622
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. BROOK-KRASNY, MOSLEY, SKOUFIS, TITONE, OTIS,
SCARBOROUGH, GOTTFRIED, MILLER -- Multi-Sponsored by -- M. of A.
CAMARA, GLICK, LUPARDO, LUPINACCI, PERRY, RIVERA, SCHIMEL, SKARTADOS,
TEDISCO -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring research
dogs and cats at certain facilities to be offered for adoption through
private placement or a non-profit animal rescue and shelter organiza-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Research animal retirement act".
S 2. The education law is amended by adding a new section 239-b to
read as follows:
S 239-B. RESEARCH DOGS AND CATS. 1. A HIGHER EDUCATION RESEARCH
FACILITY THAT RECEIVES PUBLIC MONEY, INCLUDING TAX-EXEMPT STATUS, OR A
FACILITY THAT PROVIDES RESEARCH IN COLLABORATION WITH A HIGHER EDUCATION
FACILITY, AND OTHER RELATED RESEARCH FACILITIES THAT CONFINE DOGS OR
CATS FOR SCIENCE OR RESEARCH PURPOSES SHALL, AFTER THE COMPLETION OF ANY
TESTING OR RESEARCH WHERE THE ANIMAL'S DESTRUCTION IS NOT REQUIRED AND
THE ANIMAL IS NO LONGER NEEDED, OFFER THE DOGS OR CATS FOR ADOPTION,
EITHER THROUGH PRIVATE PLACEMENT OR TO NON-PROFIT ANIMAL RESCUE AND
SHELTER ORGANIZATIONS FOR ADOPTION PRIOR TO EUTHANIZING SUCH ANIMALS. IF
PRIVATE PLACEMENT IS UNSUCCESSFUL SUCH FACILITY SHALL OFFER THE DOGS OR
CATS TO NON-PROFIT ANIMAL RESCUE AND SHELTER ORGANIZATIONS PRIOR TO
EUTHANIZING.
2. A FACILITY THAT IS REQUIRED TO OFFER DOGS OR CATS TO NON-PROFIT
ANIMAL RESCUE AND SHELTER ORGANIZATIONS UNDER THIS SECTION MAY ENTER
INTO AN AGREEMENT WITH NON-PROFIT ANIMAL RESCUE AND SHELTER ORGANIZA-
TIONS FOR THE IMPLEMENTATION OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02532-01-5
A. 3622 2
3. A FACILITY THAT IS REQUIRED TO OFFER DOGS OR CATS FOR ADOPTION
UNDER THIS SECTION SHALL OWE NO DUTY OF CARE TO ANY NON-PROFIT ANIMAL
RESCUE AND SHELTER ORGANIZATION THAT ACCEPTS THE ANIMAL OR TO ANY PERSON
OR ENTITY THAT MAY ADOPT SUCH ANIMALS, WHETHER THROUGH SUCH ORGANIZA-
TIONS OR THROUGH PRIVATE PLACEMENT. NO ASSUMPTION OF RESPONSIBILITY OR
LIABILITY FOR INJURIES, PROPERTY DAMAGE, OR OTHER DAMAGES OR LOSSES
SHALL BE INCURRED BY SUCH RESEARCH FACILITY ON ACCOUNT OF THE ADOPTION
OR PLACEMENT OF ANY DOG OR CAT PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law, provided that the state education department is
authorized to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on its effective date, on
or before such date.