S T A T E O F N E W Y O R K
________________________________________________________________________
3505
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
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 a new subdivi-
sion 4 is added to read as follows:
1. (A) 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 PARAGRAPH (B) OF
THIS SUBDIVISION, 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.
(B) SUCH REASONABLE EFFORTS BY THE RESEARCH FACILITY SHALL INCLUDE,
BUT NOT BE LIMITED TO:
I. ESTABLISHING A PRIVATE PLACEMENT PROCESS TO PROVIDE FOR THE
ADOPTION OF DOGS AND CATS; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06677-02-3
A. 3505 2
II. ESTABLISHING A LIST OF ORGANIZATIONS, ASSOCIATIONS, AND SOCIETIES
DESCRIBED IN THIS SECTION THAT ARE APPROVED BY THE RESEARCH FACILITY AND
THAT MAY BE WILLING TO TAKE A DOG OR CAT FROM THE RESEARCH FACILITY.
(C) ALL ORGANIZATIONS, ASSOCIATIONS AND SOCIETIES SELECTED BY THE
RESEARCH FACILITY TO ADOPT SUCH ANIMALS SHALL BE ORGANIZATIONS, ASSOCI-
ATIONS AND SOCIETIES THAT ARE EXEMPT FROM TAXES PURSUANT TO PARAGRAPH
(3) OF SUBSECTION (C) OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE
CODE, 26 U.S.C. 501, AS FROM TIME TO TIME AMENDED.
(D) Nothing in this section shall create a duty upon such an organiza-
tion, association or society to accept a dog or cat offered by a higher
education research facility for adoption.
(E) A RESEARCH FACILITY SUBJECT TO THE PROVISIONS OF THIS SECTION THAT
OWNS DOGS OR CATS SHALL HAVE A RESEARCH FACILITY ADOPTION POLICY. THE
RESEARCH FACILITY ADOPTION POLICY SHALL BE MADE AVAILABLE ON THE
RESEARCH FACILITY'S WEBSITE. FOR PURPOSES OF THIS SECTION, "RESEARCH
FACILITY ADOPTION POLICY" SHALL MEAN AN ADOPTION POLICY FOR DOGS AND
CATS THAT DETAILS THE SPECIFIC STEPS THAT A RESEARCH FACILITY TAKES TO
PROVIDE FOR THE ADOPTION OF A DOG OR CAT AFTER THE COMPLETION OF ANY
TESTING OR RESEARCH INVOLVING THE DOG OR CAT WHO THE ATTENDING OR INSTI-
TUTIONAL VETERINARIAN AT THE RESEARCH FACILITY DETERMINES IS SUITABLE
FOR ADOPTION.
4. ON OR BEFORE THE FIRST DAY OF JANUARY NEXT SUCCEEDING THE CHAPTER
OF THE LAWS OF TWO THOUSAND TWENTY-THREE THAT AMENDED THIS SECTION, A
HIGHER EDUCATION RESEARCH FACILITY DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION SHALL ANNUALLY SUBMIT A REPORT TO THE COMMISSIONER WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION FOR THE
PRECEDING YEAR:
(A) THE TOTAL NUMBER OF DOGS AND CATS OWNED BY THE RESEARCH FACILITY;
(B) THE TOTAL NUMBER OF DOGS AND CATS USED FOR TESTING OR RESEARCH
THAT IS CONDUCTED AT THE RESEARCH FACILITY;
(C) THE TOTAL NUMBER OF DOGS AND CATS THE RESEARCH FACILITY RELEASED
FOR ADOPTION THROUGH PRIVATE PLACEMENT;
(D) THE TOTAL NUMBER OF DOGS AND CATS THE RESEARCH FACILITY RELEASED
FOR ADOPTION TO ORGANIZATIONS, SOCIETIES, AND ASSOCIATIONS DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION;
(E) THE NAME AND ADDRESS OF EACH SUCH ORGANIZATION, SOCIETY, AND ASSO-
CIATION TO WHICH A DOG OR CAT WAS RELEASED BY THE RESEARCH FACILITY FOR
ADOPTION; AND
(F) THE NAME AND ADDRESS OF EACH ORGANIZATION, SOCIETY, AND ASSOCI-
ATION WITH WHICH THE RESEARCH FACILITY HAS ENTERED INTO AN AGREEMENT
UNDER SUBDIVISION TWO OF THIS SECTION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.