Paws Up!

New York Assemblyman Blumencranz has proposed “Peanut’s Law: Humane Animal Protection Act” to strengthen protections for sanctuary animals seized by state law enforcement.

     The lives of sanctuary animals in New York may soon receive greater legal protection.

     A proposed amendment to Section 11-0512 of New York’s Environmental Conservation Law, known as Peanut’s Law: Humane Animal Protection Act, would change how the state handles animals seized from sanctuaries.

     The bill follows the widely reported case of Peanut the Squirrel. Peanut was a rehabilitated squirrel who gained a large following online. During an investigation by the New York State Department of Environmental Conservation (DEC), Peanut was seized and later euthanized.

  At NHES, we believe wild animals that can survive on their own should be released whenever possible. However, wildlife sanctuaries also serve an important purpose. Animals living in these facilities deserve humane and fair treatment.

 

What Would Peanut’s Law Change?

     One of the first goals of Peanut’s Law is to clearly define what qualifies as an animal sanctuary.

     Under the proposal, a sanctuary would include a wild animal care facility recognized under federal and state law and operating under a valid tax identification number, such as a 501(c)(3).

     This definition is important because it helps determine which organizations qualify for legal protections.

     Qualified sanctuaries would also have the right to an administrative hearing before animals are seized.

A 72-Hour Waiting Period

     If passed, Peanut’s Law would also change New York’s rules for euthanasia following an animal seizure.

     The bill would require a 72-hour waiting period before an animal could be euthanized. The only exception would involve an immediate public safety risk confirmed by a licensed veterinarian.

     During those 72 hours, families and sanctuary operators could file an emergency appeal with the DEC.

     An emergency review board would then examine the case. The board would include a licensed veterinarian, a public health official, and a sanctuary representative.

     Together, they would determine the most appropriate course of action.

More Transparency and Accountability

     Peanut’s Law would also create new reporting requirements for the DEC.

     The department would be required to publish quarterly reports explaining animal seizures and their outcomes.

     If euthanasia and rabies testing were necessary, the bill would also require those test results to be made public.

     If an animal tested negative for rabies, licensed sanctuaries would have the legal right to seek redress.

     These protections were inspired in part by Peanut’s case. The people who cared for him at P’Nuts Freedom Farm Animal Sanctuary had little legal recourse after he was seized and euthanized on the same day. Peanut later tested negative for rabies.

Protecting Animals While Addressing Public Safety

     In a letter to New York Governor Kathy Hochul, Assemblyman Blumencranz said he hopes Peanut’s Law will balance animal protection, public safety, and respect for sanctuary operators.

     The proposed bill could provide meaningful protections for animals living in licensed sanctuaries. However, it remains unclear whether New York lawmakers will ultimately support the legislation.

     In the meantime, there are still ways you can help wildlife in your own community.

     Support local conservation efforts, respect wildlife habitats, and contact qualified wildlife rehabilitators when an animal needs help. Small actions can reduce the number of wild animals that eventually require sanctuary care.

 

Update: Florida Senator Jason Pizzo has introduced S 216 to require veterinarians to report suspected animal abuse.

Paws Up!
December 17, 2020

To Florida Representatives Dan Daley and Scott Plakon for supporting House Bill 621 in an effort to help stop animal abuse.


Veterinarians use their expertise to diagnose and treat the numerous patients they see every day. Some of the ailments they encounter are self-explanatory, while others are more complex. When the animals are accompanied by their owners, relaying accurate information helps provide a diagnosis and treatment plan. In some cases, the cause is knowingly withheld due to animal abuse. When faced with this ugly truth, veterinarians who live in states that mandate animal abuse reporting know how to proceed. When reporting is not mandatory, veterinarians’ responses vary. According to VIN News Service, veterinarians do not report suspected abuse: (1) out of fear of recourse; (2) because they feel inadequately trained to detect the signs of animal abuse; (3) because they do not want to break the code of ethics; or (4) they are afraid reporting abuse will deter owners from seeking medical care. The inclusion of laws to protect veterinarians is important when deciding to require veterinarians to report abuse. When suspected animal abuse goes unnoticed or no report is filed, animals continue to suffer and may even lose their lives. 

At the end of 2019, House Bill 621 was introduced by Florida Representatives Dan Daley (D-District 97) and Scott Plakon (R-District 29). Unfortunately, the bill died. HB 621, referred to as Allie’s Law, was named after a Boston terrier whose abuse went undocumented by a veterinarian. Her previous owner used her for breeding and surrendered her to the veterinary clinic/hospital while she was in labor with her third litter of puppies. Her body told the story of her life. She had scars all over. Allie now lives a pampered life with her adoptive family, but she might have been spared the longevity of her abuse if mandatory reporting had been in place. If passed, HB 621 would have: (1) required veterinarians to report suspected abuse; (2) provided immunity for veterinarians; and (3) prevented altering or destroying the documentation of veterinary medical records. Any veterinarian found guilty of not reporting suspected abuse may have faced disciplinary action.

This month, Florida Senator Jason Pizzo (D-District 38) introduced a version of Allie’s Law with S 216 that will: (1) require veterinarians and other animal care staff to report suspected animal abuse; (2) give veterinarians and other animal care staff the authority to report suspected animal abuse at “certain commercial food-producing animal operations”; and (3) provide disciplinary measures for veterinarians and other animal care staff who do not report suspected animal abuse. If passed, S 216 will go into effect at the beginning of July 2021.


Take Action: Florida residents, if you believe that veterinarians should be required to report suspected animal abuse, please contact your representative today.


Red squirrel sitting on a tree stump eating seeds.

Take Action

Contact Governor Hochul and show your support for Peanut’s Law.