Co-sponsor(s):
ADAMS,
ADDABBO,
KRUEGER,
SAVINO
Committee: AGRICULTURE
Law Section: Agriculture and Markets Law
Committee: AGRICULTURE
Law Section: Agriculture and Markets Law
S6412 Summary
Requires the release of a shelter animal to a rescue group upon request of the rescue group prior to euthanasia of the animal.S6412 Actions
S6412D - AMEND AND RECOMMIT TO AGRICULTURE - Mar 15, 2010S6412D - PRINT NUMBER 6412D - Mar 15, 2010
S6412C - AMEND AND RECOMMIT TO AGRICULTURE - Mar 11, 2010
S6412C - PRINT NUMBER 6412C - Mar 11, 2010
S6412B - AMEND AND RECOMMIT TO AGRICULTURE - Mar 2, 2010
S6412B - PRINT NUMBER 6412B - Mar 2, 2010
S6412A - AMEND AND RECOMMIT TO AGRICULTURE - Feb 10, 2010
S6412A - PRINT NUMBER 6412A - Feb 10, 2010
S6412 - REFERRED TO AGRICULTURE - Jan 6, 2010
S6412 Memo
BILL NUMBER: S6412
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-for-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 SPECIFIC PROVISIONS : ? 1. The act shall be known as 'Oreo's Law'; ?2. 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 and that the provisions of this subdivision shall not apply to animals suspected to carry rabies as determined by a licensed veterinarian; ?3. Act taking effect immediately.
JUSTIFICATION : This bill is named in memory of Oreo, a pit bull mix, who, in June, 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.
S6412 Text
S T A T E O F N E W Y O R KS. 6412 A. 9449 SENATE - ASSEMBLY (PREFILED)
January 6, 2010
IN SENATE -- Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture IN ASSEMBLY -- Introduced by M. of A. KELLNER -- read once and referred 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. 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, 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. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO AN ANIMAL SUSPECTED TO CARRY AND EXHIBITING SIGNS OF RABIES, AS DETERMINED BY A LICENSED VETERINARIAN.
S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15113-01-9
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