Relates to the humane treatment of animals

BILL NUMBER:S1302

Title of bill

An act to amend the education law, in relation to the humane treatment of animals

Purpose or general idea of bill

To incorporate the 40 year old roles of the Intel Science Talent Search (formerly the Westinghouse Science Talent Search) regarding the humane treatment of vertebrate animals used in lessons or experimental studies by students, to eliminate the current waiver system, and to require teachers to inform students of their rights under the law.

Summary of specific provisions

Section 1 amends subdivisions 4, 5, and 6 of section 809 of the education law and adds a new subdivision 7. Subdivision 4 provides that teachers must notify students of their rights prior to any work with any animal for dissection. subdivision 5 is reworded to include a definition for "live vertebrates" and two exclusions from the ban on live animal experimentation. subdivision 6 contains language pertaining to the filing of the "non-human vertebrate exception form" in cases where animal experimentation is done pursuant to the provisions of this bill for reporting and information reasons. Subdivision 7 states that the commissioner shall promulgate rules and develop such forms as necessary to effectuate the purposes of this section.

Section 2 contains the effective date.

Justification

The 1994 amendments to section 809 of the Education Law were intended to restrict live vertebrate animal experimentation by high school, students by banning experimentation in all but a few exceptions. According to the provisions of this law, waivers were necessary in order for students to be involved in experiments on vertebrate animals if those experiments included intrusive or harmful methods. Since 1994 however, only three waivers have been applied for, and countless numbers of students who seemingly should have applied for waivers submitted projects to various science fairs without them.

In response to the inadequacy of the waiver system, new standards, such as, those of the Intel Science Talent Search (formerly known as the Westinghouse Science Talent Search) should be included. These standards prohibit live animal experimentation with the exception of non invasive studies and those studies in which the student is provided with such components as tissue or blood from an animal which is currently under experimentation by researchers These new provisions provide a standardized procedure for the use of animals in experiments.

In cases where experiments with animals pursuant to the restrictions in the amended law take place, a "non-human vertebrate exception form" must be filed With the commissioner of education. This form is not submitted for permission or for a waiver, instead, these forms

provide a basis of knowledge for the Commissioner and legislature in regard to the treatment of vertebrate animals in experiments by students in any school or during any activity conducted under the auspices of such school, such as science fair projects. In addition, these changes will help insure more humane care of animals.

Prior legislative history

2007: S.5408 (Padavan), Died in Education; A.585 (Rosenthal), Died in Education 2008: S.5408 (Padavan), Died in Education; A.585 (Rosenthal), Died in Education 2009: S.3751 (Duane), Died in Education 2010: S.3751 (Duane), Died in Education

Fiscal implications

None.

Effective date

The following July after which the bill has been passed into law, with provisions.