S T A T E O F N E W Y O R K
________________________________________________________________________
2557--D
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
___________
Introduced by Sens. GOLDEN, MURPHY, O'MARA -- read twice and ordered
printed, and when printed to be committed to the Committee on Agricul-
ture -- reported favorably from said committee and committed to the
Committee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Agriculture in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing a task force on animal laws; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 381 to read as follows:
§ 381. TASK FORCE ON ANIMAL LAWS. 1. THE TASK FORCE ON THE STATE OF
ANIMAL LAWS IS HEREBY CREATED WITHIN THE DEPARTMENT TO EXAMINE, EVALUATE
AND DETERMINE HOW TO IMPROVE THE RELATIONSHIP BETWEEN ANIMALS AND HUMANS
AND THE ANIMAL PROTECTION LAWS.
2.(A) SUCH TASK FORCE SHALL CONSIST OF FIFTEEN MEMBERS, EACH TO SERVE
FOR A TERM OF ONE CALENDAR YEAR. SUCH MEMBERS SHALL BE APPOINTED AS
FOLLOWS: TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE; ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE; TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
ONE MEMBER SHALL BE APPOINTED BY THE ATTORNEY GENERAL; THE COMMISSIONER
OR HIS OR HER DESIGNEE; THE COMMISSIONER OF THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION OR HIS OR HER DESIGNEE; THE COMMISSIONER OF HEALTH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04950-11-8
S. 2557--D 2
OR HIS OR HER DESIGNEE; THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES OR HIS OR HER DESIGNEE; AND THE REMAINING MEMBERS SHALL
BE APPOINTED BY THE GOVERNOR. APPOINTMENTS SHALL BE MADE WITHIN SIXTY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION. VACANCIES IN THE TASK FORCE
SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
(B) ALL APPOINTEES SHALL HAVE EXPERTISE IN FIELDS OR DISCIPLINES
RELATED TO ANIMALS, ANIMAL ABUSE AND/OR INVESTIGATIONS INCLUDING, BUT
NOT LIMITED TO, THE FOLLOWING AREAS: ANIMAL AGRICULTURE; COMPANION
ANIMALS, WILDLIFE AND WILD ANIMAL PROTECTION INCLUDING SHELTERING,
RESCUE AND ADOPTION OF COMPANION ANIMALS; ANIMAL LAW ENFORCEMENT AND
CRIMINAL DEFENSE; AND ANIMAL HEALTH AND VETERINARY MEDICAL CARE. ALL
APPOINTMENTS SHALL BE COORDINATED TO ENSURE GEOGRAPHIC REPRESENTATION
FROM THE ENTIRE STATE.
(C) THE TASK FORCE SHALL BE CHAIRED BY THE COMMISSIONER OR SELECTED BY
THE COMMISSIONER FROM THE APPOINTED MEMBERS. THE TASK FORCE SHALL ELECT
A VICE-CHAIR AND OTHER NECESSARY OFFICERS FROM AMONG ALL APPOINTED
MEMBERS.
(D) A MAJORITY OF THE MEMBERS OF THE TASK FORCE THEN IN OFFICE SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS OR THE EXERCISE OF
ANY POWER OR FUNCTION OF THE TASK FORCE. AN ACT, DETERMINATION OR DECI-
SION OF THE MAJORITY OF THE MEMBERS PRESENT DURING THE PRESENCE OF A
QUORUM SHALL BE HELD TO BE THE ACT, DETERMINATION, OR DECISION OF THE
TASK FORCE.
(E) THE TASK FORCE SHALL MEET AT LEAST QUARTERLY AT THE CALL OF THE
CHAIR. MEETINGS MAY BE HELD VIA TELECONFERENCE. SPECIAL MEETINGS MAY BE
CALLED BY THE CHAIR AT THE REQUEST OF A MAJORITY OF THE MEMBERS OF THE
TASK FORCE.
(F) MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR THEIR ACTUAL EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR DUTIES IN THE WORK OF THE TASK FORCE.
3. THE TASK FORCE ESTABLISHED SHALL:
(A) STUDY LAWS, RULES, AND REGULATIONS GOVERNING ANIMALS, INCLUDING
BUT NOT LIMITED TO COMPANION ANIMALS, FARM ANIMALS OR ANIMALS RAISED FOR
FOOD PRODUCING PURPOSES, WILDLIFE AND ANIMALS USED IN ENTERTAINMENT,
RESEARCH OR EXPERIMENTATION OR ANY OTHER FIELD THAT GOVERNS THE USE OR
TREATMENT OF ANIMALS;
(B) STUDY LAWS, RULES, AND REGULATIONS GOVERNING THE OPERATIONS OF
DULY INCORPORATED SOCIETIES FOR THE PREVENTION OF CRUELTY, DULY INCORPO-
RATED HUMANE SOCIETIES, POUNDS, SHELTERS, MUNICIPAL OR OTHERWISE, AND
PET DEALERS; AND
(C) RECOMMEND WAYS BY WHICH TO MODERNIZE THE LAWS GOVERNING ANIMALS
PROVIDED, HOWEVER, THAT THE TASK FORCE SHALL NOT HAVE AUTHORITY TO MAKE
RECOMMENDATIONS CONCERNING THE FOLLOWING: STATEWIDE STANDARDS FOR
SERVICE, THERAPY, GUIDE, HEARING OR ASSISTANCE ANIMALS, LAWS THAT WOULD
LIMIT THE RIGHTS OF PERSONS WITH DISABILITIES WITH RESPECT TO SERVICE,
THERAPY, GUIDE, HEARING OR ASSISTANCE ANIMALS, AND LAWS THAT WOULD LIMIT
THE RIGHTS OF TRAINERS OF SERVICE, THERAPY, GUIDE, HEARING OR ASSISTANCE
ANIMALS.
4. THE TASK FORCE MAY ESTABLISH SUCH ADVISORY COMMITTEES AS IT DEEMS
APPROPRIATE ON MATTERS RELATING TO THE TASK FORCE'S FUNCTIONS, POWERS
AND DUTIES. SUCH COMMITTEES SHALL BE CHAIRED BY A TASK FORCE MEMBER, BUT
MAY BE COMPOSED OF TASK FORCE MEMBERS AS WELL AS OTHER INDIVIDUALS
SELECTED BY THE TASK FORCE TO PROVIDE EXPERTISE OF INTEREST SPECIFIC TO
THE CHARGE OF SUCH COMMITTEE.
5. THE TASK FORCE MAY, AS IT DEEMS APPROPRIATE, REQUEST THAT STUDIES,
SURVEYS, OR ANALYSES RELATING TO THE TASK FORCE'S POWERS AND DUTIES BE
S. 2557--D 3
PERFORMED BY ANY STATE DEPARTMENT, COMMISSION, AGENCY OR PUBLIC AUTHORI-
TY. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES OR PUBLIC AUTHORITIES
SHALL PROVIDE INFORMATION AND ADVICE IN A TIMELY MANNER AND OTHERWISE
ASSIST THE TASK FORCE WITH ITS WORK.
6. THE DEPARTMENT SHALL PROVIDE STAFF SERVICES TO THE TASK FORCE AND
SUCH OTHER ADMINISTRATIVE ASSISTANCE AS MAY BE NECESSARY FOR THE TASK
FORCE TO CARRY OUT ITS DUTIES, FUNCTIONS AND POWERS.
7. THE TASK FORCE SHALL HOLD A MINIMUM OF THREE PUBLIC HEARINGS: ONE
IN NEW YORK CITY; ONE IN WESTERN NEW YORK; AND ONE IN UPSTATE EASTERN
NEW YORK. THE TASK FORCE MAY HOLD ADDITIONAL PUBLIC HEARINGS IN OTHER
LOCATIONS AS IT DEEMS APPROPRIATE.
8. THE TASK FORCE SHALL MAKE A PRELIMINARY REPORT TO THE GOVERNOR AND
THE LEGISLATURE OF ITS FINDINGS, CONCLUSIONS, RECOMMENDATIONS AND ACTIV-
ITIES ALREADY UNDERTAKEN BY THE TASK FORCE, NOT LATER THAN ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION, AND A FINAL REPORT OF ITS
FINDINGS, CONCLUSIONS, RECOMMENDATIONS AND ACTIVITIES ALREADY UNDERTAKEN
BY THE TASK FORCE, NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF
THIS SECTION AND SHALL SUBMIT WITH ITS REPORTS LEGISLATIVE PROPOSALS AS
IT DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDATIONS.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law and shall expire twenty-four months after it shall
have become a law when upon such date the provisions of this act shall
be deemed repealed.