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.

 

May 22, 2023

Paws Up!

To the Texas Humane Legislation Network for playing a vital role in creating House Bill 3660 and to Representatives Cody Vasut (R-Angleton) and Briscoe Cain (R-Deer Park) for introducing this bill in an effort to protect trap, neuter, return (TNR) programs in Texas. HB 3660 clarifies that releasing a feral cat back into the wild after being spayed or neutered is not considered cruelty to nonlivestock animals.


Feral cats can be found in communities throughout the United States. Their numbers increase around a constant food and water source provided by compassionate individuals whose houses the felines visit. The kind act of feeding one cat can quickly become a complex problem when six or more cats join the first one. When left without a plan of action to spay or neuter these homeless cats, six cats can explode into twenty cats.

Feral cat colonies arise from human negligence. This negligence may stem from 1) a lack of education on the importance of spaying and neutering companion animals, 2) an inability to afford the spay or neuter surgery, or 3) a blatant lack of care. Whatever the reasons may be, many kindhearted individuals and animal welfare groups have taken it upon themselves to decrease the feral cat populations in their areas. This is accomplished through TNR or trap, neuter, vaccinate, and return (TNVR) programs. These programs provide a viable and humane solution to keep feral cat colonies from exploding out of control.

According to a news article, Representatives Vasut and Cain introduced House Bill 3660 to protect TNR/TNVR programs in Texas due to the current wording of the Texas Penal Code § 42.092 regarding cruelty to nonlivestock animals. Under the current law, individuals participating in TNR/TNVR programs could potentially be charged with abandoning a cat that they trapped and released back into the location they were found after being spayed or neutered. This bill came to fruition through the tireless efforts of the Texas Humane Legislation Network.

The House and Senate have favorably supported HB 3660, and the bill is waiting for Governor Abbott’s signature. Do you support efforts to decrease the population of feral cats humanely? To learn more about the effectiveness of TNR, please order or download NHES’ brochure here.

Take Action: Texas residents, please contact Governor Abbott to show your support for House Bill 3660.

Red squirrel sitting on a tree stump eating seeds.

Take Action

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