S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9900--A

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced  by  M.  of  A.  BROOK-KRASNY, MOSLEY, SKOUFIS, TITONE, OTIS,
  SCARBOROUGH, GOTTFRIED, MILLER --  Multi-Sponsored  by  --  M.  of  A.
  CAMARA,  GLICK, LUPARDO, PERRY, RIVERA, SKARTADOS, SWEENEY, TEDISCO --
  read once and referred to the Committee on Higher Education -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the education law, in relation to requiring research
  dogs and cats at certain facilities to be offered for adoption through
  private placement or a non-profit animal rescue and shelter  organiza-
  tion

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Research animal retirement act".
  S  2.  The  education  law is amended by adding a new section 239-b to
read as follows:
  S 239-B. RESEARCH DOGS AND CATS. 1. RESEARCH DOGS AND CATS.  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, AND OTHER RELATED RESEARCH  FACILITIES
THAT  CONFINE DOGS OR CATS FOR SCIENCE OR RESEARCH PURPOSES SHALL, AFTER
THE COMPLETION OF ANY TESTING OR RESEARCH WHERE THE ANIMAL'S DESTRUCTION
IS NOT REQUIRED AND THE ANIMAL IS NO LONGER NEEDED, OFFER  THE  DOGS  OR
CATS  FOR  ADOPTION,  EITHER  THROUGH PRIVATE PLACEMENT OR TO NON-PROFIT
ANIMAL RESCUE AND SHELTER ORGANIZATIONS FOR ADOPTION PRIOR TO  EUTHANIZ-
ING  SUCH  ANIMALS.  IF  PRIVATE PLACEMENT IS UNSUCCESSFUL SUCH FACILITY
SHALL OFFER THE DOGS OR CATS TO NON-PROFIT  ANIMAL  RESCUE  AND  SHELTER
ORGANIZATIONS PRIOR TO EUTHANIZING.
  2.  A  FACILITY  THAT  IS REQUIRED TO OFFER DOGS OR CATS TO NON-PROFIT
ANIMAL RESCUE AND SHELTER ORGANIZATIONS UNDER  THIS  SECTION  MAY  ENTER
INTO  AN  AGREEMENT  WITH NON-PROFIT ANIMAL RESCUE AND SHELTER ORGANIZA-
TIONS FOR THE IMPLEMENTATION OF THIS SECTION.
  3. A FACILITY THAT IS REQUIRED TO OFFER  DOGS  OR  CATS  FOR  ADOPTION
UNDER  THIS  SECTION  SHALL OWE NO DUTY OF CARE TO ANY NON-PROFIT ANIMAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13843-09-4

A. 9900--A                          2

RESCUE AND SHELTER ORGANIZATION THAT ACCEPTS THE ANIMAL OR TO ANY PERSON
OR ENTITY THAT MAY ADOPT SUCH ANIMALS, WHETHER  THROUGH  SUCH  ORGANIZA-
TIONS  OR  THROUGH PRIVATE PLACEMENT. NO ASSUMPTION OF RESPONSIBILITY OR
LIABILITY  FOR  INJURIES,  PROPERTY  DAMAGE,  OR OTHER DAMAGES OR LOSSES
SHALL BE INCURRED BY SUCH RESEARCH FACILITY ON ACCOUNT OF  THE  ADOPTION
OR  PLACEMENT OF ANY DOG OR CAT PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law,  provided  that  the state education department is
authorized to promulgate any and all rules and regulations and take  any
other measures necessary to implement this act on its effective date, on
or before such date.