NY State Senate Bill 2011-S4835

Senate Bill S4835

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2011	recommit, enacting clause stricken
Apr 27, 2011	referred to agriculture

2011-S4835 (ACTIVE) - Details

Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §374, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:: S6412

2011-S4835 (ACTIVE) - Summary

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

2011-S4835 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4835

TITLE OF BILL:

An act
to amend the agriculture and markets law, in relation to requiring the
release of a shelter animal to a rescue group upon request of the rescue
group prior to euthanasia of the animal

PURPOSE OR GENERAL IDEA OF BILL:

Requires in most situations in which an animal is scheduled to be
destroyed by a society for the prevention of cruelty to animals,
humane society, pound, or shelter, that when a not-far-profit animal
rescue or animal adoption organization requests to assume care of the
animal it will be transferred to that group's possession.

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.

2011-S4835 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4835

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  requir-
  ing  the release of a shelter animal to a rescue group upon request of
  the rescue group prior to euthanasia of the animal

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Oreo's Law".
  S 2. Section 374 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  A. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, NO ANIMAL IN THE CARE OR CUSTODY OF A DULY INCORPORATED SOCIE-
TY FOR THE PREVENTION OF CRUELTY TO ANIMALS, A DULY INCORPORATED  HUMANE
SOCIETY, OR A POUND OR SHELTER MAINTAINED BY OR UNDER CONTRACT OR AGREE-
MENT  WITH THE STATE OR ANY COUNTY, CITY, TOWN OR VILLAGE, OR AUTHORIZED
AGENTS THEREOF, SHALL BE DESTROYED IF, PRIOR  TO  THE  KILLING  OF  THAT
ANIMAL  FOR ANY REASON OTHER THAN IRREMEDIABLE PHYSICAL SUFFERING OF THE
ANIMAL UPON A CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN
LICENSED TO PRACTICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOV-
ERY IS POOR OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETER-
INARY CARE, A NONPROFIT, AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE ANIMAL RESCUE OR ADOPTION ORGANIZATION REQUESTS  POSSESSION
OF  THE  ANIMAL. IN ADDITION TO ANY REQUIRED SPAY OR NEUTER DEPOSIT, THE
FACILITY HAVING POSSESSION OF THE ANIMAL, AT ITS DISCRETION, MAY  ASSESS
A  FEE, NOT TO EXCEED THE STANDARD ADOPTION FEE, FOR ANIMALS RELEASED TO
SUCH ORGANIZATIONS.
  B. (1) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION INTERESTED IN  TAKING
POSSESSION  OF  ONE  OR  MORE ANIMALS PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION SHALL NOTIFY THE SOCIETY FOR THE PREVENTION  OF  CRUELTY  TO
ANIMALS,  THE  HUMANE  SOCIETY,  POUND OR SHELTER, AS APPLICABLE, OF ITS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00397-02-1

S. 4835                             2

DESIRE TO DO SO AND SHALL PROVIDE THE  SOCIETY  FOR  THE  PREVENTION  OF
CRUELTY  TO  ANIMALS,  THE HUMANE SOCIETY, POUND OR SHELTER WITH CONTACT
INFORMATION FOR THE ANIMAL RESCUE OR ADOPTION  ORGANIZATION.  AN  ANIMAL
RESCUE OR ADOPTION ORGANIZATION MAY, AT ITS OPTION, FILE ONE NOTICE WITH
A  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS, HUMANE SOCIETY,
POUND OR SHELTER REQUESTING THAT IT BE NOTIFIED OF ALL ANIMALS  HELD  BY
THAT FACILITY AND SCHEDULED FOR EUTHANASIA.
  (2)  AT LEAST ONE BUSINESS DAY PRIOR TO THE SCHEDULED EUTHANASIA OF AN
ANIMAL, THE FACILITY HAVING  POSSESSION  OF  THE  ANIMAL  SHALL  PROVIDE
NOTICE  TO  THE  ANIMAL RESCUE OR ADOPTION ORGANIZATION OF THE SCHEDULED
EUTHANASIA BY:
  (A) POSTING OF THE IDENTIFICATION NUMBER OF SUCH ANIMAL ON THE WEBSITE
OF THE FACILITY HAVING POSSESSION OF THE ANIMAL BY DIRECT LINK FROM  THE
FACILITY'S WEBSITE HOME PAGE; AND
  (B)  BY CONTACTING THE ANIMAL RESCUE OR ADOPTION ORGANIZATION DIRECTLY
BY ONE OR MORE OF THE FOLLOWING MEANS:
  (I) E-MAIL TO THE E-MAIL ADDRESS ON FILE;
  (II) PHONE TO THE PHONE NUMBER ON FILE;
  (III) TEXT MESSAGE TO THE PHONE NUMBER ON FILE;
  (IV) FAX TO THE FAX NUMBER ON FILE; OR
  (V) ANY OTHER MEANS OF ELECTRONIC WRITTEN COMMUNICATION AS PROVIDED BY
THE ANIMAL RESCUE OR ADOPTION ORGANIZATION.
  (3) AN ANIMAL  RESCUE  OR  ADOPTION  ORGANIZATION  INTENDING  TO  TAKE
POSSESSION OF AN ANIMAL SCHEDULED FOR EUTHANASIA SHALL NOTIFY THE FACIL-
ITY  HAVING  POSSESSION  OF  THE ANIMAL OF THE ANIMAL RESCUE OR ADOPTION
ORGANIZATION'S INTENT TO TAKE POSSESSION OF  THE  ANIMAL,  AT  ANY  TIME
PRIOR  TO  THE ANIMAL'S EUTHANASIA, BY PHONE, E-MAIL, FAX, TEXT MESSAGE,
OR OTHER ELECTRONIC WRITTEN REQUEST.
  (4) AN ANIMAL RESCUE OR ADOPTION ORGANIZATION TAKING POSSESSION OF  AN
ANIMAL PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL DO SO WITHIN
TWO  BUSINESS DAYS OF THE TIME THE ORGANIZATION NOTIFIES THE SOCIETY FOR
THE PREVENTION OF CRUELTY TO ANIMALS, HUMANE  SOCIETY,  OR  A  POUND  OR
SHELTER POSSESSING THE ANIMAL, AS APPLICABLE, THAT IT IS SEEKING CUSTODY
OF THE ANIMAL, NOT INCLUDING THE DAY UPON WHICH THE NOTICE IS GIVEN.
  C.  UPON  TAKING POSSESSION OF AN ANIMAL, AN ANIMAL RESCUE OR ADOPTION
ORGANIZATION SHALL ASSUME ALL LIABILITY FOR THE  ANIMAL;  PROVIDED  THAT
THE  ORGANIZATION  SHALL NOT BE DEEMED RESPONSIBLE FOR HARM CAUSED TO OR
BY THE ANIMAL THAT:
  (1) OCCURRED PRIOR TO THE TIME THE ORGANIZATION ASSUMED POSSESSION  OF
THE ANIMAL; OR
  (2)  IS  DUE  TO THE ACTS OR OMISSIONS OF A PERSON NOT ASSOCIATED WITH
THE ORGANIZATION;
  D. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO:
  (1) AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING SIGNS  OF  RABIES,  AS
DETERMINED BY A LICENSED VETERINARIAN;
  (2) SYMPTOMATIC DOGS WITH CONFIRMED CASES OF PARVOVIRUS UPON A CERTIF-
ICATION  MADE  IN WRITING AND SIGNED BY A VETERINARIAN LICENSED TO PRAC-
TICE MEDICINE IN THE STATE THAT THE PROGNOSIS FOR RECOVERY  IS  POOR  OR
GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (3)  SYMPTOMATIC  CATS  WITH  CONFIRMED  CASES OF PANLEUKOPENIA UPON A
CERTIFICATION MADE IN WRITING AND SIGNED BY A VETERINARIAN  LICENSED  TO
PRACTICE  MEDICINE  IN THE STATE THAT THE PROGNOSIS FOR RECOVERY IS POOR
OR GRAVE EVEN WITH COMPREHENSIVE PROMPT AND NECESSARY VETERINARY CARE;
  (4) AN ANIMAL THAT HAS BEEN DETERMINED BY  A  COURT  HAVING  COMPETENT
JURISDICTION  TO  BE DANGEROUS PURSUANT TO THE PROVISIONS OF SECTION ONE
HUNDRED TWENTY-THREE OF THIS CHAPTER; OR

S. 4835                             3

  (5) A DOG WITH A HISTORY OF UNPROVOKED BITING  THAT  HAS  RESULTED  IN
SEVERE  INJURY  TO A HUMAN BEING AND WHICH WAS DOCUMENTED BY THE SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE HUMANE SOCIETY,  POUND  OR
SHELTER,  AS  APPLICABLE,  PRIOR  TO  THE CURRENT IMPOUND OF THE ANIMAL.
DOCUMENTATION MUST CONSIST OF MEDICAL REPORTS MADE AT THE TIME THE PRIOR
BITE INCIDENT OCCURRED OR WAS REPORTED, AS WELL AS MEDICAL RECORDS DOCU-
MENTING  THE  CIRCUMSTANCES  OF THE BITE AND THE SEVERITY OF THE INJURY.
THE DOCUMENTATION SHALL BE KEPT ON FILE WITH THE DOCUMENTING ENTITY  FOR
THREE YEARS.
  E.  (1)  ANY ANIMAL RESCUE OR ADOPTION ORGANIZATION HAVING AN OFFICER,
BOARD MEMBER, STAFF MEMBER OR VOLUNTEER WHO  HAS  BEEN  CONVICTED  OF  A
STATUTE  HAVING  AS  ITS  PRIMARY EFFECT THE PREVENTION OR PUNISHMENT OF
ANIMAL NEGLECT OR ANIMAL CRUELTY OR DOG  FIGHTING  SHALL  BE  PROHIBITED
FROM  BEING AN ADOPTIVE ORGANIZATION UNDER THE TERMS OF THIS SUBDIVISION
UNTIL SUCH TIME AS THAT OFFICER, BOARD MEMBER, STAFF MEMBER OR VOLUNTEER
IS NO LONGER AN OFFICER OR BOARD MEMBER OF THE ORGANIZATION.
  (2) ANY ANIMAL RESCUE OR  ADOPTION  ORGANIZATION  HAVING  AN  OFFICER,
BOARD  MEMBER, STAFF MEMBER OR VOLUNTEER AGAINST WHOM CHARGES OF VIOLAT-
ING THE PROVISIONS OF  A  STATUTE  HAVING  AS  ITS  PRIMARY  EFFECT  THE
PREVENTION  OR  PUNISHMENT  OF  ANIMAL  NEGLECT OR ANIMAL CRUELTY OR DOG
FIGHTING ARE PENDING IN A COURT OF LAW SHALL BE PROHIBITED FROM BEING AN
ADOPTIVE ORGANIZATION UNDER THE TERMS OF  THIS  SUBDIVISION  UNTIL  SUCH
TIME  AS  THAT  OFFICER,  BOARD  MEMBER, STAFF MEMBER OR VOLUNTEER IS NO
LONGER AN OFFICER OR BOARD MEMBER OF THE ORGANIZATION  OR  SUCH  CHARGES
ARE DISMISSED OR DROPPED.
  (3)(A)  IF  THE  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE
HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE, HAS LEGALLY  SUFFICIENT
PROBABLE CAUSE TO BELIEVE THAT THE PLACEMENT OF AN ANIMAL WITH A PARTIC-
ULAR  ANIMAL RESCUE OR ADOPTION ORGANIZATION WILL EXPOSE THE ANIMAL TO A
SITUATION INVOLVING CRIMINAL NEGLECT  OR  CRUELTY  TO  ANIMALS,  IT  MAY
CONDITION  THE  RELEASE  OF THE ANIMAL TO SUCH ANIMAL RESCUE OR ADOPTION
ORGANIZATION UPON THE CONDUCT OF AN INSPECTION OF THE ANIMAL  RESCUE  OR
ADOPTION  ORGANIZATION'S  PRIMARY  FACILITY.    SUCH  INSPECTION  MAY BE
PERFORMED BY THE ENTITY POSSESSING THE ANIMAL OR BY A THIRD PARTY AT THE
DIRECTION OR REQUEST OF THE POSSESSING ENTITY.
  (B) THE NEED FOR AND PROBABLE CAUSE FOR REQUESTING SUCH INSPECTION MAY
NOT BE DETERMINED SOLELY ON THE  BASIS  OF  ANONYMOUS  COMPLAINTS.  UPON
REQUEST,  THE  SOCIETY  FOR  THE  PREVENTION  OF CRUELTY TO ANIMALS, THE
HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE  SHALL  DIVULGE  TO  THE
ANIMAL  RESCUE OR ADOPTION ORGANIZATION ANY AND ALL INFORMATION PERTAIN-
ING TO ITS DETERMINATION OF PROBABLE CAUSE FOR AN INSPECTION.
  (C) THE ANIMAL RESCUE OR ADOPTION ORGANIZATION MAY AGREE TO OR  REFUSE
THE  INSPECTION.  IF  THE  ORGANIZATION  AGREES  TO  AN INSPECTION, SUCH
INSPECTION SHALL BE CONDUCTED WITHIN FORTY-EIGHT HOURS OF THE  TIME  THE
ORGANIZATION  AGREES  TO  THE  INSPECTION.  IF  THE  INSPECTION  IS  NOT
CONDUCTED WITHIN THE FORTY-EIGHT HOUR PERIOD, THE RIGHT TO AN INSPECTION
SHALL BE DEEMED TO HAVE BEEN WAIVED. IF  THE  ORGANIZATION  REFUSED  THE
INSPECTION,  THE  SOCIETY  FOR THE PREVENTION OF CRUELTY TO ANIMALS, THE
HUMANE SOCIETY, POUND OR SHELTER, AS APPLICABLE, MAY  DECLINE  TO  PLACE
THE ANIMAL WITH THE REFUSING ORGANIZATION.
  (D)  THE  INSPECTED  ANIMAL  RESCUE  OR ADOPTION ORGANIZATION SHALL BE
NOTIFIED OF THE RESULTS OF THE INSPECTION AND WHETHER THE ANIMAL WILL BE
RELEASED  TO  THE  ANIMAL  RESCUE  OR   ADOPTION   ORGANIZATION   WITHIN
TWENTY-FOUR HOURS OF THE COMPLETION OF THE INSPECTION.

S. 4835                             4

  (E)  A  FILING  OF  CRIMINAL  NEGLECT  OR  CRUELTY  CHARGES  FOLLOWING
INSPECTION AS PROVIDED IN THIS SUBPARAGRAPH  WILL  CONSTITUTE  A  FAILED
INSPECTION.
  (F)  NO  ANIMAL  SHALL  BE  DESTROYED UNTIL AT LEAST TWENTY-FOUR HOURS
AFTER THE FILING OF  CRIMINAL  CHARGES  AGAINST  THE  ANIMAL  RESCUE  OR
ADOPTION  ORGANIZATION  AND PROVIDED NO OTHER ORGANIZATION HAS REQUESTED
THE ANIMAL.
  (G) AN ANIMAL WHOSE PLACEMENT IS  THE  SUBJECT  OF  AN  INSPECTION  AS
PROVIDED  IN  THIS  SUBPARAGRAPH  MAY BE RELEASED PRIOR TO OR DURING THE
CONDUCT OF AN INSPECTION TO ANOTHER ANIMAL RESCUE OR ADOPTION  ORGANIZA-
TION THAT REQUESTS THE ANIMAL.
  F.  AS  USED  IN  THIS  SUBDIVISION, "IRREMEDIABLE PHYSICAL SUFFERING"
MEANS THAT THE ANIMAL SUFFERS FROM A MEDICAL CONDITION THAT HAS  A  POOR
OR  GRAVE  PROGNOSIS  AND THAT THE ANIMAL IS UNLIKELY TO BE ABLE TO LIVE
WITHOUT PROLONGED, SEVERE AND UNREMITTING PAIN DESPITE NECESSARY VETERI-
NARY CARE.
  S 3. This act shall take effect immediately.

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