Bill Text: NY S08039 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2020-03-11 - REFERRED TO DOMESTIC ANIMAL WELFARE [S08039 Detail]

Download: New_York-2019-S08039-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8039

                    IN SENATE

                                     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:

     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 dog bites. 1. Definitions. For purposes of this
     4  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 bitten a person and broken that person's  skin.
    21  The  animal shelter or animal rescue group shall, before selling, giving
    22  away, or otherwise releasing the dog from their ownership shall:
    23    (a) disclose in writing to the person to whom the dog is  sold,  given
    24  away,  or  transferred  that  the  dog  has a known bite history and the
    25  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

     1    (b) obtain a signed acknowledgment from the person to whom the dog  is
     2  sold,  given  away,  or  transferred  that  the person has been provided
     3  information about the dog as required by this section. The animal  shel-
     4  ter  or  animal rescue group shall provide the person with a copy of the
     5  signed acknowledgment and retain the original copy in its files.
     6    3.  The  documentation and disclosure requirements of this section are
     7  for the purpose of public safety and the appropriate placement of  dogs.
     8  A  documented  bite  history  shall  not necessarily preclude a dog from
     9  being available for adoption, release, or transfer, notwithstanding  any
    10  other law or local ordinance related to biting dogs.
    11    § 2. This act shall take effect immediately.
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