Requires the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal

* Provides that no animal in the care of a society for the prevention of cruelty to animals, humane society, pound, or shelter shall be destroyed if, prior to the killing of the animal, for any reason other than untreatable physical suffering, a not-for-profit animal rescue or animal adoption organization requests possession of it;

* Allows that in addition to any spay or neuter deposit, the normal adoption fee may be assigned in these cases;

* Provides that an animal rescue or adoption organization may provide one notice to a society for the prevention of cruelty to animals, humane society, pound or shelter with its contact information indicating that it wishes to be notified of all future animals held by that facility scheduled for euthanasia;

* Requires that at least one day prior to the scheduled euthanasia of an animal, a facility shall provide notice to animal adoption or rescue organizations by posting to the facility website and by contacting the animal rescue or adoption organization directly through email, phone, text message, fax, or other electronic written communication;

* Requires that an animal rescue or adoption organization intending to take possession of an animal shall notify the facility at any time before the scheduled euthanasia by phone, email, fax, text message, or other electronic written request;

* Requires that an animal rescue or adoption organization taking possession of an animal do so within two business days;

* Clarifies that upon taking possession the animal rescue or adoption organization assumes all liability for the animal excluding harm that occurred prior to the time the organization took possession or due to acts or omissions of a person not associated with the organization;

* The act does not apply to an animal suspected to carry rabies as determined by a licensed veterinarian or an animal declared to be dangerous by a court of law;

* Excludes animal rescue or adoption organizations from being eligible to be an adoption organization under this act if they have an officer or board member who has pending charges or past convictions for animal neglect or cruelty;

* provision shall not apply to animals showing signs of rabies, dogs with confirmed cases of parvoviris, cats with confirmed cases of panluekopenia.

* Provides a definition for "irremediable physical suffering";

* Act taking effect immediately.

Justification

This bill is named in memory of Oreo, a pit bull mix, who, in June, 2009 survived being thrown off a six-story building in Brooklyn, and suffering two broken legs, a cracked rib, and severe internal injuries. Her owner was arrested on cruelty charges, and the American Society for the Prevention of Cruelty to Animals took her in and provided reconstructive surgery and brought her back to good physical health.

In November, the ASPCA announced that Oreo was untreatably aggressive and that she would be euthanized. A not-for-profit animal rescue group, Pets Alive Animal Sanctuary located in the foothills of the Catskill Mountains, which specializes in the rehabilitation and care of abused animals, offered to take her in, but the request was refused and Oreo was put down.

In California, the Hayden Law of 1997 includes a provision, which this bill is modeled after, allowing not-for-profit animal rescue or animal adoption organizations to request possession of a dog or cat prior to its killing. In cases where an animal is not physically suffering or rabid, it should not be put to death if a responsible alternative exists.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.