senate Bill S8039

2019-2020 Legislative Session

Requires animal shelters and animal rescue groups to disclose whether a dog has bitten a person and broken the person's skin

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Domestic Animal Welfare Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2020 referred to domestic animal welfare

Co-Sponsors

S8039 (ACTIVE) - Details

Current Committee:
Senate Domestic Animal Welfare
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §123-c, Ag & Mkts L
Versions Introduced in 2021-2022 Legislative Session:
S1101

S8039 (ACTIVE) - Summary

Requires animal shelters and animal rescue groups to disclose whether a dog over the age of four months has bitten a person and broken the person's skin; states that a documented bite history shall not necessarily preclude a dog from being available for adoption.

S8039 (ACTIVE) - Sponsor Memo

S8039 (ACTIVE) - Bill Text download pdf


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

                                  8039

                            I N  S E N A T E

                             March 11, 2020
                               ___________

Introduced  by Sens. KAMINSKY, MARTINEZ -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Domestic
  Animal Welfare

AN  ACT to amend the agriculture and markets law, in relation to requir-
  ing animal shelters and animal rescue groups to disclose whether a dog
  has bitten a person and broken the person's skin

  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 123-c to read as follows:
  § 123-C. DISCLOSURE OF DOG BITES. 1. DEFINITIONS. FOR PURPOSES OF THIS
SECTION:
  (A) "ANIMAL SHELTER" MEANS A NOT-FOR-PROFIT FACILITY  WHERE  HOMELESS,
LOST,  STRAY,  ABANDONED,  SEIZED,  SURRENDERED  OR UNWANTED ANIMALS ARE
RECEIVED, HARBORED, MAINTAINED AND MADE AVAILABLE FOR  ADOPTION  TO  THE
GENERAL  PUBLIC, REDEMPTION BY THEIR OWNERS OR OTHER LAWFUL DISPOSITION,
AND WHICH IS OWNED, OPERATED,  OR  MAINTAINED  BY  A  DULY  INCORPORATED
HUMANE  SOCIETY,  ANIMAL  WELFARE SOCIETY, SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS,  OR  OTHER  ORGANIZATION  DEVOTED  TO  THE  WELFARE,
PROTECTION OR HUMANE TREATMENT OF ANIMALS.
  (B)  "ANIMAL  RESCUE  GROUP"  MEANS A DULY INCORPORATED NOT-FOR-PROFIT
ORGANIZATION THAT ACCEPTS  HOMELESS,  LOST,  STRAY,  ABANDONED,  SEIZED,
SURRENDERED  OR  UNWANTED  ANIMALS FROM AN ANIMAL SHELTER OR OTHER PLACE
AND ATTEMPTS TO FIND HOMES FOR, AND PROMOTE ADOPTION OF, SUCH ANIMALS BY
THE GENERAL PUBLIC.
  2. EVERY ANIMAL SHELTER OR ANIMAL RESCUE GROUP SHALL  BE  REQUIRED  TO
DISCLOSE,  TO  THE  BEST OF THEIR KNOWLEDGE, WHETHER A DOG OF THE AGE OF
FOUR MONTHS OR OLDER HAS BITTEN A PERSON AND BROKEN THAT PERSON'S  SKIN.
THE  ANIMAL SHELTER OR ANIMAL RESCUE GROUP SHALL, BEFORE SELLING, GIVING
AWAY, OR OTHERWISE RELEASING THE DOG FROM THEIR OWNERSHIP SHALL:
  (A) DISCLOSE IN WRITING TO THE PERSON TO WHOM THE DOG IS  SOLD,  GIVEN
AWAY,  OR  TRANSFERRED  THAT  THE  DOG  HAS A KNOWN BITE HISTORY AND THE
CIRCUMSTANCES RELATED TO THE BITE; AND

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

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