S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    277
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL -- Multi-Sponsored by -- M. of A.
   PERRY -- read once and referred to the Committee on Agriculture
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01390-01-9

 A. 277                              2
 
 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
 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.

 A. 277                              3
 
   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.