NY State Senate Bill 2021-S1101A

Senate Bill S1101A

2021-2022 Legislative Session

Requires animal shelters and animal rescue groups to disclose whether a dog has known behavioral issues

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 19, 2021	1st report cal.1231
May 13, 2021	print number 1101a
May 13, 2021	amend (t) and recommit to agriculture
Jan 06, 2021	referred to agriculture

Votes

- May 19, 2021 - Agriculture Committee Vote
  S1101A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 19, 2021
      
      aye (8)
      
      Biaggi
      
      Borrello
      
      Brisport
      
      Comrie
      
      Helming
      
      Hinchey
      
      May
      
      Ramos
      
      aye wr (1)
      
      Jordan

Bill Amendments

Original

A (Active)

2021-S1101 - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §123-c, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:: S8039

2021-S1101 - Summary

Requires animal shelters and animal rescue groups to disclose whether a dog over the age of four months has known behavioral issues; states that a documented history of known behavioral issues shall not necessarily preclude a dog from being available for adoption.

2021-S1101 - Sponsor Memo

                                
 
BILL NUMBER: S1101

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:

2020: S8039, Kaminsky. Referred to Domestic Animal Welfare.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1101 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1101
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01210-01-1

 S. 1101                             2
 
   (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
   (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.

2021-S1101A (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §123-c, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:: S8039

2021-S1101A (ACTIVE) - Summary

2021-S1101A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1101A

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 known behavioral issues

 
PURPOSE:

This bill will require animal shelters and rescue centers to disclose
whether a dog has a known risk related behavioral history

 
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 a low risk or high risk behavioral issue or if a dog has
attacked other companion animals. Animal shelters will have to disclose

this information in writing, prior to the sale or release of the dog to
a new owner, and will have to include information around the circum-
stances. 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 causing injuries to other people should be informa-
tion disclosed to prospective adopters, to aid them in determining
whether a dog is the right match for them and their family. This legis-
lation 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 has harmed a person hard enough to break the skin while
in their custody. The shelter would be required to share this informa-
tion prior to releasing the dog to a new owner. States like California
and Virginia have similar bill regarding dog bite disclosures. 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:

2020: S8039, Kaminsky. Referred to Domestic Animal Welfare.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1101A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1101--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture  --  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 requir-
   ing animal shelters and animal rescue groups to disclose whether a dog
   has known behavioral issues
 
   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 BEHAVIORAL HISTORY OF DOGS.    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 KNOWN BEHAVIORAL ISSUES WHICH COULD POSE A RISK
 TO  A  PERSON  OR AN ANIMAL.   THE ANIMAL SHELTER OR ANIMAL RESCUE GROUP
 SHALL, BEFORE SELLING, GIVING AWAY, OR OTHERWISE RELEASING THE DOG  FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01210-03-1

 S. 1101--A                          2
 
 THEIR  OWNERSHIP  DISCLOSE  IN  WRITING TO THE PERSON TO WHOM THE DOG IS
 BEING SOLD, GIVEN AWAY, RELEASED, OR TRANSFERRED:
   (A) WHETHER A DOG HAS:
   (I)  LOW-RISK  BEHAVIORAL  ISSUES,  WHICH SHALL INCLUDE A DOG THAT HAS
 ATTACKED A PERSON ON ONE KNOWN OCCASION CAUSING A PHYSICAL INJURY;
   (II) HIGH-RISK BEHAVIORAL ISSUES, WHICH SHALL INCLUDE A DOG  THAT  HAS
 ATTACKED A PERSON ON ONE OR MORE KNOWN OCCASIONS CAUSING A SERIOUS PHYS-
 ICAL INJURY, OR ON MORE THAN ONE KNOWN OCCASION CAUSING A PHYSICAL INJU-
 RY;
   (B)  THAT  THE DOG HAS A KNOWN HISTORY OF ATTACKING COMPANION ANIMALS;
 AND
   (C) TO THE EXTENT PRACTICABLE, DISCLOSE THE CIRCUMSTANCES  RELATED  TO
 THE  ATTACK OR ATTACKS, SUCH AS IF THE DOG WAS JUSTIFIED OR PROVOKED DUE
 TO BEING THREATENED, ATTACKED, OR INJURED BY A PERSON OR ANIMAL.
   3.  THE ANIMAL SHELTER OR ANIMAL RESCUE GROUP SHALL  OBTAIN  A  SIGNED
 ACKNOWLEDGEMENT  FROM  THE  PERSON  TO WHOM THE DOG IS SOLD, GIVEN AWAY,
 RELEASED, OR TRANSFERRED THAT THE PERSON HAS BEEN  PROVIDED  INFORMATION
 ABOUT THE DOG AS REQUIRED BY THIS SECTION.  THE ANIMAL SHELTER OR ANIMAL
 RESCUE GROUP SHALL PROVIDE THE PERSON WITH A COPY OF THE SIGNED ACKNOWL-
 EDGEMENT AND RETAIN THE ORIGINAL COPY IN ITS FILES.
   4.  THE  DOCUMENTATION AND DISCLOSURE REQUIREMENTS OF THIS SECTION ARE
 FOR THE PURPOSE OF PUBLIC SAFETY AND THE APPROPRIATE PLACEMENT OF  DOGS.
 DOCUMENTED  HISTORY  SHALL  NOT  NECESSARILY  PRECLUDE  A DOG FROM BEING
 AVAILABLE FOR ADOPTION, RELEASE, OR TRANSFER, NOTWITHSTANDING ANY  OTHER
 LAW OR LOCAL ORDINANCE RELATED TO DANGEROUS DOGS.
   § 2. This act shall take effect immediately.

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