NY State Senate Bill 2019-S8039

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

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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

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2019-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

2019-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.

2019-S8039 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8039

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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

 
PURPOSE:

This bill will require animal shelters and rescue centers to disclose
whether a dog has a known history of biting.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new section to the agriculture and markets law to
require animal shelters and animal rescue groups to disclose, to the
best of their knowledge, whether a dog of the age of four months or
older has bitten a person and broke that person's skin. Animal shelters
will have to disclose this information in writing, prior to the sale or

release of the dog to a new owner. The bill clarifies that a documented
bite history does not necessarily preclude a dog from being available
for adoption.

Section 2. Effective date.

 
JUSTIFICATION:

Adopting a dog from an animal shelter or rescue group is an important
decision for anyone. Unfortunately, prospective adopters do not always
receive accurate information about a dog's history, in particular, the
dog's behavior while it lived at the shelter. This is extremely trouble-
some when an owner adopts a dog who has bit someone at the shelter and
an employee sees this but in fact does not disclose it. Currently, New
York does not require shelters or rescue centers to provide details
about a dog's behavioral history to prospective adopters.

This gap in the law has become obvious now that employees of an animal
shelter have made allegations against North Shore Animal League America
for placing dogs up for adoption without providing details about their
dangerous pasts. Due to the failure of the shelter in disclosing infor-
mation, unknowing people have adopted dogs and the dogs have then
attacked them. Internal documentation shows that these dogs had a histo-
ry of biting workers and volunteers, even sending one to the hospital
prior to an individual adopting the dog. However, none of this informa-
tion was included in the packet that the adopter received. Another dog
had been adopted or fostered several times and had a record of biting
several people, including an 81-year-old woman who required 30 stitches.
There was no mention of any previous attacks in their adoption paper-
work.

A dog's history of biting should be information disclosed to prospective
adopters, to aid them in determining whether a dog is the right match
for them and their family. This legislation would address this problem
by requiring an animal shelter or rescue group to disclose in writing
when they know if a dog over the age of four months bit a person hard
enough to break the skin while in their custody. The shelter would be
required to share this information prior to releasing the dog to a new
owner. States like California and Virginia have similar dog bite disclo-
sure laws. The law is not meant to prohibit any dog from being adopted
but will instead ensure transparency by guaranteeing that people are
aware of the dog's history before deciding whether to adopt.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-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.

                                                            LBD15830-01-0

 S. 8039                             2
 
   (B) OBTAIN A SIGNED ACKNOWLEDGMENT FROM THE PERSON TO WHOM THE DOG  IS
 SOLD,  GIVEN  AWAY,  OR  TRANSFERRED  THAT  THE PERSON HAS BEEN PROVIDED
 INFORMATION ABOUT THE DOG AS REQUIRED BY THIS SECTION. THE ANIMAL  SHEL-
 TER  OR  ANIMAL RESCUE GROUP SHALL PROVIDE THE PERSON WITH A COPY OF THE
 SIGNED ACKNOWLEDGMENT AND RETAIN THE ORIGINAL COPY IN ITS FILES.
   3.  THE  DOCUMENTATION AND DISCLOSURE REQUIREMENTS OF THIS SECTION ARE
 FOR THE PURPOSE OF PUBLIC SAFETY AND THE APPROPRIATE PLACEMENT OF  DOGS.
 A  DOCUMENTED  BITE  HISTORY  SHALL  NOT NECESSARILY PRECLUDE A DOG FROM
 BEING AVAILABLE FOR ADOPTION, RELEASE, OR TRANSFER, NOTWITHSTANDING  ANY
 OTHER LAW OR LOCAL ORDINANCE RELATED TO BITING DOGS.
   § 2. This act shall take effect immediately.

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Senate Bill S8039

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Sponsored By

Todd Kaminsky