S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7011
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   providing additional protections against seizure and euthanization for
   animals under the care of registered sanctuaries

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Peanut's
 law: humane animal protection act".
   § 2. Legislative findings  and  intent.  The  legislature  finds  that
 animals  under  the  care  of registered sanctuaries, such as the widely
 reported case of Peanut the  Squirrel,  require  additional  protections
 against seizure and euthanization. This act aims to ensure humane treat-
 ment,  safeguard  animal  welfare,  provide  a  clear appellate process,
 uphold public safety and human welfare, and to strengthen the rights  of
 animal  sanctuaries  and responsible owners in retaining custody, imple-
 menting due process safeguards, and guaranteeing public safety while  an
 appeal  is  pending.  It intends to balance these priorities by ensuring
 that animal owners and licensed sanctuaries have a  reasonable  opportu-
 nity  to  appeal  and  to establish criteria for the safe confinement of
 animals during appeals.
   § 3. Paragraph h of subdivision 2 of section 11-0512 of  the  environ-
 mental  conservation  law, as amended by chapter 10 of the laws of 2005,
 is amended and four new subdivisions 1-a, 11, 12 and  13  are  added  to
 read as follows:
   h.  A  wildlife  sanctuary  as  defined  in  subdivision thirty-two of
 section 11-0103 of this article. ANY  LICENSED  WILDLIFE  SANCTUARY,  AS
 DEFINED  IN  SUBDIVISION  THIRTY-TWO OF SECTION 11-0103 OF THIS ARTICLE,
 SHALL HAVE SPECIFIC PROCEDURAL RIGHTS AND PROTECTIONS FOR ANIMALS IN ITS
 CARE. THIS INCLUDES FACILITIES LEGALLY OPERATING AS 501(C)(3)  ORGANIZA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04484-01-5
              

 S. 7011                             2
 
 TIONS  OR ANY FACILITY WITH A VALID TAX IDENTIFICATION NUMBER AND RECOG-
 NIZED AS A SANCTUARY UNDER STATE OR FEDERAL LAW, GRANTING THEM THE RIGHT
 TO AN ADMINISTRATIVE HEARING BEFORE THE SEIZURE OR EUTHANIZATION  OF  AN
 ANIMAL, EXCEPT IN EXIGENT CIRCUMSTANCES WHERE THERE IS AN IMMEDIATE RISK
 TO  PUBLIC  SAFETY.  ANIMALS  MAINTAINED  BY REGISTERED SANCTUARIES THAT
 ADHERE TO STATE AND FEDERAL GUIDELINES SHALL BE EXEMPT FROM SEIZURE  AND
 EUTHANIZATION  PROCEDURES  UNLESS  THERE IS DOCUMENTED EVIDENCE THAT THE
 ANIMAL PRESENTS AN IMMEDIATE THREAT TO PUBLIC SAFETY, AS CONFIRMED BY  A
 QUALIFIED VETERINARIAN;
   1-A.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   A. "SANCTUARY" SHALL MEAN A FACILITY LEGALLY REGISTERED AS A 501(C)(3)
 OR ANY OTHER FACILITY WITH A VALID TAX IDENTIFICATION NUMBER THAT  OPER-
 ATES  UNDER  STATE OR FEDERAL LAW AS A SANCTUARY, INTENDED TO HOUSE WILD
 ANIMALS IN NON-DOMESTIC, NON-PET CAPACITIES, AS DEFINED  IN  SUBDIVISION
 THIRTY-TWO OF SECTION 11-0103 OF THIS ARTICLE.
   B.  "IMMEDIATE RISK" IS DEFINED AS SITUATIONS WHERE THE PRESENCE OF AN
 ANIMAL POSES A SUBSTANTIATED AND DIRECT THREAT TO PUBLIC HEALTH OR SAFE-
 TY, AS CONFIRMED BY A LICENSED VETERINARIAN.
   11. ANY ANIMAL SEIZED BY THE DEPARTMENT FOR TESTING OR  PUBLIC  HEALTH
 CONCERNS IS SUBJECT TO A MANDATORY SEVENTY-TWO-HOUR WAITING PERIOD PRIOR
 TO EUTHANIZATION, UNLESS AN IMMEDIATE RISK TO PUBLIC HEALTH OR SAFETY IS
 VERIFIED  BY A LICENSED VETERINARIAN. DURING THIS PERIOD, THE DEPARTMENT
 SHALL INFORM THE OWNER OR SANCTUARY IN WRITING OF THEIR RIGHTS:
   A. THE RIGHT TO APPEAL THE SEIZURE AND EUTHANIZATION  WITHIN  SEVENTY-
 TWO HOURS OF NOTIFICATION; AND
   B.  THE  RIGHT  TO ARRANGE IMMEDIATE VETERINARY CARE, PROVIDED IT DOES
 NOT ENDANGER PUBLIC HEALTH.
   12. AN OWNER OR SANCTUARY  MAY  FILE  AN  EMERGENCY  APPEAL  WITH  THE
 DEPARTMENT  WITHIN  THE  SEVENTY-TWO-HOUR  WAITING PERIOD TO CONTEST THE
 DECISION TO EUTHANIZE. UPON APPEAL,  AN  EMERGENCY  REVIEW  BOARD  SHALL
 CONVENE  WITHIN THE DEPARTMENT, CONSISTING OF A LICENSED VETERINARIAN, A
 SANCTUARY REPRESENTATIVE, AND A PUBLIC HEALTH  OFFICIAL  TO  REVIEW  THE
 CIRCUMSTANCES.   WHILE AN APPEAL IS PENDING, THE DEPARTMENT SHALL ENSURE
 SAFE CONTAINMENT OF THE ANIMAL, EITHER IN A DEPARTMENT-APPROVED FACILITY
 OR WITHIN THE SANCTUARY UNDER SPECIFIC CONTAINMENT MEASURES, TO MITIGATE
 ANY RISK TO PUBLIC SAFETY. THE APPELLATE BOARD SHALL ISSUE A FINAL DECI-
 SION WITHIN FORTY-EIGHT HOURS OF THE APPEAL FILING. SHOULD EUTHANIZATION
 PROCEED, THE DEPARTMENT SHALL  PUBLICLY  RELEASE  ALL  RELEVANT  TESTING
 RESULTS  WITHIN  SEVEN DAYS. IF TEST RESULTS ARE FOUND TO BE NEGATIVE, A
 LICENSED WILDLIFE SANCTUARY SHALL HAVE THE RIGHT TO SEEK REDRESS FOR ANY
 HARM CAUSED BY EUTHANIZATION OF SUCH ANIMAL.
   13. THE DEPARTMENT SHALL ISSUE A QUARTERLY REPORT TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
 MINORITY LEADERS OF THE ASSEMBLY AND SENATE CONTAINING ANNUAL STATISTICS
 ON  THE  NUMBER  OF ANIMAL SEIZURES, EUTHANIZATIONS, APPELLATE OUTCOMES,
 AND DECISIONS, TO PROVIDE TRANSPARENCY  AND  INFORM  FUTURE  LEGISLATIVE
 ADJUSTMENTS.  THE INFORMATION CONTAINED WITHIN THIS REPORT SHALL ALSO BE
 PUBLISHED ON THE DEPARTMENT'S WEBSITE.
   § 4. This act shall take effect immediately.