S T A T E O F N E W Y O R K
________________________________________________________________________
9137
I N A S S E M B L Y
January 23, 2020
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to requiring higher
education research facilities to provide information to the department
of education regarding dogs or cats available for adoption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 239-b of the education law, as
added by chapter 240 of the laws of 2016, is amended and two new subdi-
visions 4 and 5 are added to read as follows:
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 shall after the
completion of any testing or research involving a dog or cat, assess the
health of the dog or cat and determine whether it is suitable for
adoption. Such facility shall thereafter make reasonable efforts,
INCLUDING, BUT NOT LIMITED TO, EFFORTS SPECIFIED IN SUBDIVISION FOUR OF
THIS SECTION, to offer for adoption the dog or cat determined to be
suitable for adoption, either through private placement or through an
animal rescue and shelter organization, a duly incorporated society for
the prevention of cruelty to animals, a duly incorporated humane socie-
ty, or a duly incorporated animal protective association that operates
physical animal sheltering facilities and offers household pets to the
public for adoption by way of an established adoption program, prior to
euthanizing such dog or cat. ALL ANIMAL RESCUES, ORGANIZATIONS, ASSOCI-
ATIONS AND SOCIETIES SELECTED BY THE HIGHER EDUCATION RESEARCH FACILITY
TO ADOPT SUCH ANIMALS SHALL BE EXEMPT FROM TAXES PURSUANT TO PARAGRAPH
(3) OF SUBSECTION (C) OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE
CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT CORRESPONDING SECTIONS OF THE
FEDERAL INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED. Nothing in
this section shall create a duty upon such an organization, association
or society to accept a dog or cat offered by a higher education research
facility for adoption.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14611-01-9
A. 9137 2
4. (A) A FACILITY THAT IS REQUIRED TO OFFER DOGS OR CATS FOR ADOPTION
UNDER THIS SECTION SHALL PROVIDE TO THE DEPARTMENT RELEVANT INFORMATION
ABOUT EACH DOG OR CAT THAT IS AVAILABLE FOR ADOPTION, INCLUDING, BUT NOT
LIMITED TO:
(1) THE SPECIES;
(2) THE BREED, IF KNOWN;
(3) THE APPROXIMATE AGE; AND
(4) THE SEX.
(B) THE DEPARTMENT SHALL POST SUCH INFORMATION REGARDING EACH DOG OR
CAT THAT IS AVAILABLE FOR ADOPTION ON THE DEPARTMENT'S WEBSITE PROMPTLY
AFTER RECEIVING THE INFORMATION FROM THE FACILITY. A FACILITY THAT IS
REQUIRED TO OFFER DOGS OR CATS FOR ADOPTION UNDER THIS SECTION SHALL
HOLD SUCH DOGS AND CATS FOR AT LEAST FOURTEEN DAYS FROM THE DATE OF
POSTING OF THE AVAILABILITY OF SUCH DOG OR CAT FOR ADOPTION ON THE
DEPARTMENT'S WEBSITE IN ORDER TO PROVIDE AN OPPORTUNITY FOR PRIVATE
PLACEMENT OR PLACEMENT WITH SUCH ANIMAL RESCUES, ORGANIZATIONS, ASSOCI-
ATIONS, AND SOCIETIES SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
5. THE DEPARTMENT SHALL PROMULGATE REGULATIONS AS SHALL BE NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.