Bill Text: NY S01101 | 2021-2022 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO AGRICULTURE [S01101 Detail]

Download: New_York-2021-S01101-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1101--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     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:

     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 123-c to read as follows:
     3    § 123-c. Disclosure of behavioral history of dogs.    1.  Definitions.
     4  For purposes of this section:
     5    (a)  "Animal  shelter" means a not-for-profit facility where homeless,
     6  lost, stray, abandoned, seized,  surrendered  or  unwanted  animals  are
     7  received,  harbored,  maintained  and made available for adoption to the
     8  general public, redemption by their owners or other lawful  disposition,
     9  and  which  is  owned,  operated,  or  maintained by a duly incorporated
    10  humane society, animal welfare society, society for  the  prevention  of
    11  cruelty  to  animals,  or  other  organization  devoted  to the welfare,
    12  protection or humane treatment of animals.
    13    (b) "Animal rescue group" means  a  duly  incorporated  not-for-profit
    14  organization  that  accepts  homeless,  lost,  stray, abandoned, seized,
    15  surrendered or unwanted animals from an animal shelter  or  other  place
    16  and attempts to find homes for, and promote adoption of, such animals by
    17  the general public.
    18    2.  Every  animal  shelter or animal rescue group shall be required to
    19  disclose, to the best of their knowledge, whether a dog of  the  age  of
    20  four months or older has known behavioral issues which could pose a risk
    21  to  a  person  or an animal.   The animal shelter or animal rescue group
    22  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

     1  their  ownership  disclose  in  writing to the person to whom the dog is
     2  being sold, given away, released, or transferred:
     3    (a) whether a dog has:
     4    (i)  low-risk  behavioral  issues,  which shall include a dog that has
     5  attacked a person on one known occasion causing a physical injury;
     6    (ii) high-risk behavioral issues, which shall include a dog  that  has
     7  attacked a person on one or more known occasions causing a serious phys-
     8  ical injury, or on more than one known occasion causing a physical inju-
     9  ry;
    10    (b)  that  the dog has a known history of attacking companion animals;
    11  and
    12    (c) to the extent practicable, disclose the circumstances  related  to
    13  the  attack or attacks, such as if the dog was justified or provoked due
    14  to being threatened, attacked, or injured by a person or animal.
    15    3.  The animal shelter or animal rescue group shall  obtain  a  signed
    16  acknowledgement  from  the  person  to whom the dog is sold, given away,
    17  released, or transferred that the person has been  provided  information
    18  about the dog as required by this section.  The animal shelter or animal
    19  rescue group shall provide the person with a copy of the signed acknowl-
    20  edgement and retain the original copy in its files.
    21    4.  The  documentation and disclosure requirements of this section are
    22  for the purpose of public safety and the appropriate placement of  dogs.
    23  Documented  history  shall  not  necessarily  preclude  a dog from being
    24  available for adoption, release, or transfer, notwithstanding any  other
    25  law or local ordinance related to dangerous dogs.
    26    § 2. This act shall take effect immediately.
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