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.

 

January 27, 2022


Paws Up!

To Michigan Representatives Brann, Whitsett, Aiyash, Marino, Wozniak, Rogers, Sowerby and Mueller for advocating for the protection of animals who live outdoors with the introduction of House Bill 4784.

If you live in parts of the country where you have experienced frigid temperatures, you know the dangers of being out in these conditions for too long−hypothermia and frostbite. Once back in the warmth of your home or vehicle, you are assaulted by pins and needles as blood flows back to your extremities and face. Now imagine you cannot get out of the cold. Sadly, this is the reality for many cats and dogs who live outdoors without proper shelter. Tethered dogs or dogs confined in cages at puppy mills are exposed to the elements and experience excruciating pain and suffering as they freeze to death. These tragedies indicate poor or non-existent laws and the dire need for change.

Heart-wrenching stories like the senior dog named Buddy found frozen to the ground last year in Detroit, Michigan, are appalling. These tragic and preventable occurrences are urging lawmakers to examine current laws and advocate for changes to help prevent more animal suffering. Unfortunately, often these legislative bills never get a chance to be voted on because they never make it out of the committees they were referred to. In order to give these bills a chance to be heard, individuals must contact their legislators and the chair of the committees to show their support. (Read more about contacting your legislator here.)

According to a recent news article, House Bill 4784 is one such bill that could die in committee but is vital to help protect animals subjected to Michigan’s brutal winter weather. HB 4784 was introduced by Representatives Brann, Whitsett, Aiyash, Marino, Wozniak, Rogers, Sowerby, and Mueller to create better protections for animals who live outdoors. It seeks to amend the current law, MCL 750.50, to give specific requirements for adequate shelter based on the animal’s age, breed, fur thickness/length, and overall health. HB 4784 also addresses types of shelters that are not adequate: 

  • Crawl space under a building or steps
  • Deck or stoop
  • Metal or plastic barrels
  • Animal carriers, transport crates, or wire crates
  • Space under or inside a vehicle that is not running appropriate climate controls while under adult supervision
  • Cardboard or materials easily degraded by the elements
  • Shelters with wire or chain-link floors

Will you be the voice for countless animals suffering outdoors and contact your legislator? Learn more about ways to keep your companion animals safe by reading our winter safety tips or by ordering our free Winter Care Tips brochure.

Take Action: Michigan residents, you can help make a change and increase protections for the many cats and dogs subjected to the elements. Please contact the Chair of the Judiciary Committee, Representative Filler, by emailing GrahamFiller@house.mi.gov to help get HB 4784 put on the agenda. Other residents, support legislation to protect the well-being of animals in your state.

Red squirrel sitting on a tree stump eating seeds.

Take Action

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