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.

 

April 28, 2021

Paws Up!
To Arizona Governor Ducey for signing Matthew’s Law to protect companion animals in rental properties.


Do you share your life with an animal? Whether your animal is a new addition to your family or an old friend, what are some of the things you do daily, monthly, or yearly to help keep your animal happy and healthy? As you go over the items in your mind, do you have a plan to ensure your animal is cared for in an emergency? For instance, does your animal require daily medication for their well-being? What would happen if you couldn’t make it home? Do you have someone who can check on them, like a neighbor, a relative, or a pet sitter? Having these measures in place beforehand will give you peace of mind and help protect your animal. 

If you are one of the 36% of Americans who rent and have an animal, part of providing for their well-being is giving your landlord the names of individuals allowed to access your rental in the event you cannot. According to a news article, House Bill 2507, also known as Matthew’s Law, was signed by Arizona Governor Ducey at the beginning of April 2021 to protect animals left in rental properties upon their owners’ death or debilitating illness. Sadly, House Bill 2507 was introduced by Representative Shawnna Bolick (R-District 20) in the wake of the tragic death of Matthew Meisner. Matthew lived with three beloved senior felines, one of whom was diabetic. Upon Matthew’s death, his family could not get his cats because animals are deemed “property” under the law and can only be released after 14 days. Thankfully, Matthew’s cats have been nursed back to health because of his family’s perseverance and advocating for the law to be changed.

Under the new law, A.R.S. § 33-1370(E) states that “…At the landlord’s discretion, the tenant’s abandoned animals may be immediately removed and released to a shelter or boarding facility. The landlord shall keep a record of the name and location of the shelter or boarding facility to which the animal was released. If the landlord does not immediately remove and release the abandoned animals to a shelter or boarding facility, the landlord shall provide reasonable care for the abandoned animals for the period prescribed by subsection F of this section.  If the landlord is unable or unwilling to provide reasonable care to the abandoned animals, the landlord shall notify the county enforcement agent as defined in section 11-1001 or an animal control officer as prescribed in section 9-499.04 of the presence of the tenant’s abandoned animals on the property to be seized pursuant to section 13-4281. The landlord is not liable for any actions taken in good faith related to the removal, release, seizure or care of the abandoned animals pursuant to this section.”

Take Action: Arizona residents, please thank Governor Ducey for signing Matthew’s Law to better protect animals in rental properties. Other residents, please help ensure the safety of your animal by being prepared for an emergency. If you rent, make sure your landlord has current contact information for your emergency contacts.

Red squirrel sitting on a tree stump eating seeds.

Take Action

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