S 7011: Enacts "Peanut's law: humane animal protection act" to provide humane treatment, safeguard animal welfare and strengthen the rights of animal sanctuaries and responsible owners in retaining custody, implementing due process safeguards, and guaranteeing public safety while an appeal is pending; requires an administrative hearing before the seizure or euthanization of an animal under the care of a wildlife sanctuary, unless there is documented evidence that the animal presents an immediate threat to public safety; further provides that any animal seized by the department of environmental conservation for testing or public concerns is subject to a 72-hour waiting period prior to euthanization; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 7011 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. This act shall be known and may be cited as the "Peanut's 2 law: humane animal protection act". 3 § 2. Legislative findings and intent. The legislature finds that 4 animals under the care of registered sanctuaries, such as the widely 5 reported case of Peanut the Squirrel, require additional protections 6 against seizure and euthanization. This act aims to ensure humane treat- 7 ment, safeguard animal welfare, provide a clear appellate process, 8 uphold public safety and human welfare, and to strengthen the rights of 9 animal sanctuaries and responsible owners in retaining custody, imple- 10 menting due process safeguards, and guaranteeing public safety while an 11 appeal is pending. It intends to balance these priorities by ensuring 12 that animal owners and licensed sanctuaries have a reasonable opportu- 13 nity to appeal and to establish criteria for the safe confinement of 14 animals during appeals. 15 § 3. Paragraph h of subdivision 2 of section 11-0512 of the environ- 16 mental conservation law, as amended by chapter 10 of the laws of 2005, 17 is amended and four new subdivisions 1-a, 11, 12 and 13 are added to 18 read as follows: 19 h. A wildlife sanctuary as defined in subdivision thirty-two of 20 section 11-0103 of this article. Any licensed wildlife sanctuary, as 21 defined in subdivision thirty-two of section 11-0103 of this article, 22 shall have specific procedural rights and protections for animals in its 23 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 1 tions or any facility with a valid tax identification number and recog- 2 nized as a sanctuary under state or federal law, granting them the right 3 to an administrative hearing before the seizure or euthanization of an 4 animal, except in exigent circumstances where there is an immediate risk 5 to public safety. Animals maintained by registered sanctuaries that 6 adhere to state and federal guidelines shall be exempt from seizure and 7 euthanization procedures unless there is documented evidence that the 8 animal presents an immediate threat to public safety, as confirmed by a 9 qualified veterinarian; 10 1-a. For the purposes of this section, the following terms shall have 11 the following meanings: 12 a. "Sanctuary" shall mean a facility legally registered as a 501(c)(3) 13 or any other facility with a valid tax identification number that oper- 14 ates under state or federal law as a sanctuary, intended to house wild 15 animals in non-domestic, non-pet capacities, as defined in subdivision 16 thirty-two of section 11-0103 of this article. 17 b. "Immediate risk" is defined as situations where the presence of an 18 animal poses a substantiated and direct threat to public health or safe- 19 ty, as confirmed by a licensed veterinarian. 20 11. Any animal seized by the department for testing or public health 21 concerns is subject to a mandatory seventy-two-hour waiting period prior 22 to euthanization, unless an immediate risk to public health or safety is 23 verified by a licensed veterinarian. During this period, the department 24 shall inform the owner or sanctuary in writing of their rights: 25 a. The right to appeal the seizure and euthanization within seventy- 26 two hours of notification; and 27 b. The right to arrange immediate veterinary care, provided it does 28 not endanger public health. 29 12. An owner or sanctuary may file an emergency appeal with the 30 department within the seventy-two-hour waiting period to contest the 31 decision to euthanize. Upon appeal, an emergency review board shall 32 convene within the department, consisting of a licensed veterinarian, a 33 sanctuary representative, and a public health official to review the 34 circumstances. While an appeal is pending, the department shall ensure 35 safe containment of the animal, either in a department-approved facility 36 or within the sanctuary under specific containment measures, to mitigate 37 any risk to public safety. The appellate board shall issue a final deci- 38 sion within forty-eight hours of the appeal filing. Should euthanization 39 proceed, the department shall publicly release all relevant testing 40 results within seven days. If test results are found to be negative, a 41 licensed wildlife sanctuary shall have the right to seek redress for any 42 harm caused by euthanization of such animal. 43 13. The department shall issue a quarterly report to the governor, the 44 temporary president of the senate, the speaker of the assembly, and the 45 minority leaders of the assembly and senate containing annual statistics 46 on the number of animal seizures, euthanizations, appellate outcomes, 47 and decisions, to provide transparency and inform future legislative 48 adjustments. The information contained within this report shall also be 49 published on the department's website. 50 § 4. This act shall take effect immediately.