S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    636
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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 two new subdi-
 visions 4 and 5 are added to read as follows:
   1. 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 SUBDIVISION FOUR OF
 THIS SECTION, 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.  ALL ANIMAL RESCUES, ORGANIZATIONS, ASSOCI-
 ATIONS  AND SOCIETIES SELECTED BY THE HIGHER EDUCATION RESEARCH FACILITY
 TO ADOPT SUCH ANIMALS SHALL BE EXEMPT FROM TAXES PURSUANT  TO  PARAGRAPH
 (3)  OF  SUBSECTION  (C)  OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE
 CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT  CORRESPONDING  SECTIONS  OF  THE
 FEDERAL  INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED. Nothing in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00368-01-1

 A. 636                              2
 
 this section shall create a duty upon such an organization,  association
 or society to accept a dog or cat offered by a higher education research
 facility for adoption.
   4.  (A) A FACILITY THAT IS REQUIRED TO OFFER DOGS OR CATS FOR ADOPTION
 UNDER THIS SECTION SHALL PROVIDE TO THE DEPARTMENT RELEVANT  INFORMATION
 ABOUT EACH DOG OR CAT THAT IS AVAILABLE FOR ADOPTION, INCLUDING, BUT NOT
 LIMITED TO:
   (1) THE SPECIES;
   (2) THE BREED, IF KNOWN;
   (3) THE APPROXIMATE AGE; AND
   (4) THE SEX.
   (B)  THE  DEPARTMENT SHALL POST SUCH INFORMATION REGARDING EACH DOG OR
 CAT THAT IS AVAILABLE FOR ADOPTION ON THE DEPARTMENT'S WEBSITE  PROMPTLY
 AFTER  RECEIVING  THE  INFORMATION FROM THE FACILITY. A FACILITY THAT IS
 REQUIRED TO OFFER DOGS OR CATS FOR ADOPTION  UNDER  THIS  SECTION  SHALL
 HOLD  SUCH  DOGS  AND  CATS  FOR AT LEAST FOURTEEN DAYS FROM THE DATE OF
 POSTING OF THE AVAILABILITY OF SUCH DOG  OR  CAT  FOR  ADOPTION  ON  THE
 DEPARTMENT'S  WEBSITE  IN  ORDER  TO  PROVIDE AN OPPORTUNITY FOR PRIVATE
 PLACEMENT OR PLACEMENT WITH SUCH ANIMAL RESCUES, ORGANIZATIONS,  ASSOCI-
 ATIONS, AND SOCIETIES SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
   5.  THE  DEPARTMENT SHALL PROMULGATE REGULATIONS AS SHALL BE NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.