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

Summary of provisions

Section 1 of the bill states that the act shall be known as "Oreo's Law".

Section 2 of the bill amends Section 374 of the agriculture and markets law by adding a new subdivision 9 that sets forth the following provisions:

* 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 (upon certification made in writing by a licensed veterinarian that the prognosis for recovery is poor or grave even with comprehensive, prompt and necessary veterinary care), a not-for-profit animal rescue or animal adoption organization requests possession of it;

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

* 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, to symptomatic dogs with confirmed cases of parvovirus upon certification made in writing by a licensed veterinarian that the prognosis for recovery is poor or grave even with comprehensive, prompt and necessary veterinary care, to symptomatic eats with confirmed cases of parkekopenia upon certification made in writing by a licensed veterinarian that the prognosis for recovery is poor or grave even with comprehensive, prompt and necessary veterinary care, an animal that has been determined by a court having competent jurisdiction to be dangerous, or a dog with a documented history of unprovoked biting. That has resulted in severe injury to a human being;

*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, cruelty, or dog fighting;

* Provides that if the a society for the prevention of cruelty to animals, humane society, pound or shelter has legally sufficient probable cause to believe that the placement of an animal with a particular rescue or adoption organization will expose the animal to a situation involving criminal neglect or cruelty, it may condition the release of the animal upon the conduct of an inspection of the animal rescue or adoption organization's primary facility; creates a timeline and procedures for such inspections; provides that a filing or criminal neglect or cruelty charges following inspection will constitute a failed inspection;

* Provides a definition for "irremediable physical suffering";

Section 3 provides for this act to take 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 Dreo 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, rabid, or dangerous, it should not be put to death if a responsible alternative exists.

Prior legislative history

Same As A.4480 (Kellner)

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.