Requiring Rescue Access to Shelters
In New York and other states, bills have been introduced that would generally require public animal shelters to release to rescue organizations animals that would otherwise be euthanized.
California's Hayden Law enacted in 1998 was the first such law in the U.S. Hayden Law is a number of interrelated laws designed to implement the state's policy "that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts".
"Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal's health in the future." Cal. Civil Code §1834.4
To that end, Hayden Law contains provisions to require shelters to extend the holding or redemption period prior to euthanasia, make efforts to find owners of lost animals, extend their hours, provide "necessary and prompt" veterinary care, adequate nutrition, water and shelter; and make sure cats are truly feral and not simply frightened.
Hayden Law also requires shelters to release any "stray" dog or cat including a feral cat to any non-profit with an IRS 501(c)3 designation that requests the animal. The only exception is for animals suffering irremediably. (For information about current efforts to repeal portions of Hayden Law, visit this link.)
Twelve years later, Delaware enacted a law in 2010 that requires shelters to maintain a registry of animal rescue organizations that the shelter director must verify were contacted prior to euthanasia of animal and given a chance to rescue the animal.
Under Delaware's law, the shelter alone in its sole discretion decides whether a rescue can be on the registry. There is no limit to the Delaware shelter's discretion in making that decision and no right of any rescue to be on the registry. The shelter also has the right to inspect a rescue to determine if placement on the registry is appropriate. No criteria for the inspections are specified.
Bills, A.B. 5449-A/S.B. 5433-A, sponsored by Assembly member Amy Paulin and Sen. Greg Ball, and A.B. 7312/S.B. 5363, introduced by Assembly member Micah Kellner and Sen. Joseph Robach, have been filed in New York's legislature to mandate rescue access to public shelters.
Similar bills are pending in Rhode Island, Minnesota, Florida and West Virginia. A Texas bill, H.B. 3450, was left in committee and did not advance prior to the end of the 2011 legislative session.
A comparison of the New York bills:
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Shelter Access, A.B. 5449/S.B. 5433 |
Companion Animal Protection Act, A.B. 7312/S.B. 5363 |
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Finding owners of lost animals: Clarifies current redemption period set forth in Sec. 117 applies to all animals. Requires shelters "as soon as practicable" take steps to (1) check animals for all currently possible forms of identification including, but not limited to, tags, microchips, tattoos or licenses; (2) compare the information known about the animal with records of animals reported to be lost or stolen pursuant to Sec. 112; (3) make available to the public on the internet on a website or other public means if a website is not practical, at least during the redemption period, a photograph, if practicable, and a general description of the animal to assist the owner(s) in finding the animal, including the species, type, and breed(s), if known, though information about the animal may be withheld if deemed appropriate to facilitate finding the owner(s) or otherwise to protect the safety of the animal. The description of a dog required by Sec. 113, Subd. 4 to be recorded is extended to include all animals and specified to include the identifying information found on the animal, the species, type, breed, coloring, markings, and approximate size and weight. Provisions already requiring notice to an owner personally or by certified mail, are made consistent with extended holding periods during that time are made consistent for all animals.
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Finding owners of lost animals: If an owner is identified, the redemption period is extended from 7 to 9 days and from 9 days up to 12 days if an owner is located and notice is mailed. The period does not begin to run until "initiation of efforts" to notify the owner. Municipalities cannot reduce the redemption period to less than 5 days and must hold dogs for 12 days if an owner is located and notice is mailed. Creates a new section, under Art. 26, Sec. 373-A, that is applied to dogs under Art. 7; Sec. 373-A requires "upon taking possession of an animal" shelters must check for "all currently acceptable methods of identification, including microchips, identification tags, collars, tattoos, and licenses". Shelters must create and update daily a list of animals reported lost and check each animal against the list. (The bill does not require the shelter to check the list of stolen dogs per Sec. 112.) Shelters must post a description of each stray animal on the internet on a website maintained for that purpose. The description must be "sufficiently detailed" to allow the animal to be recognized and claimed by the owner, and shall include but not be limited to descriptions of identification found on the animal, the breed, approximate size and weight, coloring and identifying marks; the date and hour of seizure, the official identification number of such animal, if any; the location where found, the reason for impound, and the owner's name and address, if known. Shelters must take certain steps to notify owners: by telephone, mail, and personal service to the last known address. (Current law requires notice either personally or by certified mail so this seems unnecessary.) |
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Improvements in shelter care: Requires shelters to examine each animal as soon as practicable after taking possession and provide all animals with care and treatment to relieve any pain and suffering, including necessary emergency veterinary care and treatment and parasite control, and appropriate vaccinations. Makes requirements for care -shelter, food, water - consistent for all animals and clarifies such care shall be provided throughout the time the animal is in the shelter. |
Improvements in shelter care:Requires shelter to provide all animals "during the entirety of the animal's custody or constructive custody" with:"a. Fresh food and fresh water on at least a daily basis; b. Environmental enrichment such as socialization, toys and treats to promote the animal's psychological well-being; c. Regular daily exercise suitable to the animal's physical and psychological condition; d. Clean living environments, including but not limited to the cage, kennel and/or space where the animal is housed. Such areas shall promptly receive necessary cleaning to ensure environments that are welcoming to the public and hygienic for both the public and animals, and to prevent disease. All animals shall be temporarily removed from their cages, kennels, or other living environments during the process of cleaning to prevent them from being exposed to water from hoses or sprays, cleaning solutions, detergents, solvents, and/or chemicals; and e. Prompt and necessary veterinary care, including but not limited to preventative vaccinations, parasite control, cage rest, fluid therapy, pain management, and/or antibiotics, sufficient to alleviate any pain or suffering caused by disease or injury, to prevent a condition from worsening, and to allow the animal to leave the shelter in reasonable condition, even if the animal is not a candidate for redemption, transfer, or adoption".
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Euthanasia/shelter access: Amends Sec. 374 as to euthanasia to state that an animal may be euthanized if upon examination a licensed veterinarian shall certify in writing, or if two reputable citizens called upon by a shelter or officer, to view the animal, find (1) "that the animal is so maimed, diseased, disabled, or infirm so as to be suffering irremediable physical or psychological pain and that humane euthanasia is warranted"; or (2) that humane euthanasia is necessary to alleviate a contagious, deadly health condition. Shelters may continue to perform euthanasia services for pet owners who bring animals there just for that purpose. Otherwise, shelters are required to maintain a list of 501c3 rescues in the same or adjoining counties which must be contacted prior to euthanasia of an animal to determine if placement is possible. Shelters that took in less than 100 animals in the preceding year would not be required to have more than 3 rescues on the list. Except as stated above, animals cannot be euthanized unless the shelter has a record demonstrating that the shelter contacted each rescue approved for that species, type or breed of animal, that none of the organizations contacted were willing and able to accept transfer of the animal, or if an organization contacted did not respond or failed to pick up or accept transfer of an animal after agreeing to do so, that the organization was contacted and at the end of the redemption period or after two days following the last contact, not including the day of contact, whichever is longer, there was no response or no confirmation that the organization was willing and able to accept transfer of the animal, or the organization failed to pick up or accept transfer of the animal. A copy of these records shall be maintained for two years and available to the public upon request.
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Euthanasia/shelter access: Amends Sec. 374 as to euthanasia to state an animal can be euthanized if a licensed veterinarian certifies in a signed writing the animal is "suffering irremediably" and the "prognosis for recover is poor or grave even with comprehensive prompt and necessary veterinary care." The bill states that no animal "shall be destroyed for the sole reason that the holding period for that animal has expired". (I don't know whether this should be read alone or is referring to the steps to be taken below.) Animals otherwise cannot be euthanized unless the following conditions are met by the shelter: (1) there are no empty cage, kennels, or other living environments at the shelter or "at any associated facilities"; (2) the animal cannot share a cage or kennel with another animal because the animal is aggressive to other animals, has a contagious illness the other animal does not have, or is injured and sharing the cage with another animal will aggravate the injury; (3) a foster home is not available; and (4) no rescue can take the animal; (5) all mandates, programs and services of this chapter have been met; and (6) the shelter director certifies he or she has no other alternative. There are no geographic limits on the rescues or, for small shelters, the number of rescues they must consider. The rescues would be contacted one day before the euthanasia and given 2 days to pick up the animal. Exemptions: "an animal who is experiencing irremediable physical suffering with a prognosis for recovery that is poor or grave even with comprehensive prompt and necessary veterinary care, as certified in writing by a veterinarian licensed to practice medicine in this state; or (2) an animal suspected to carry and exhibiting signs of rabies as certified in writing by a veterinarian licensed to practice medicine in this state; or (3) a symptomatic dog with a confirmed case of parvovirus with a prognosis for recovery that is poor or grave even with comprehensive prompt and necessary veterinary care as certified in writing by a veterinarian licensed to practice medicine in this state; or (4) a symptomatic cat with a confirmed case of panleukopenia with a prognosis for recovery that is poor or grave even with comprehensive prompt and necessary veterinary care as certified in writing by a veterinarian licensed to practice medicine in this state; or (5) an animal that has been determined by a court having competent jurisdiction to be dangerous; or (6) a dog with a history of unprovoked biting that has resulted in severe injury to a human being and which was documented by the officer or shelter prior to the current impound of the animal. This provision perpetuates the myth that the dog is to blame for a bite or other incident of aggression. This could be called "pro kill" for dogs with aggression issues. Instead of recognizing there may be places and programs to help and encouraging placement when possible and safe, under this bill, shelters would simply euthanize these dogs. "Documentation must consist of medical reports made at the time the prior bite incident occurred or was reported, as well as medical reports documenting the circumstances of the bite and the severity of the injury." (It is not clear how a shelter would obtain this documentation and it may implicate HIPPA and other privacy laws.) Before euthanizing an animal, the director must state in writing all conditions have been met or that one or more exceptions apply, and this must be signed by the director and made available "for free" to the public for at least 3 years. |
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Inspections/qualifications of rescues: Rescues must be 501c3s. Rescues can be on the list simply by (1) providing the name and contact info for a primary person and back up; (2) the species, types and breeds of animals the rescue will accept; and (3) resources the rescue has available including veterinary, rehabilitative or other care; care for special needs animals, training or behavior modification programs, including the names and credentials of trainers or behaviorists; or appropriate sanctuary or long term placement; The list will be available to shelter staff and the public. Shelters Shelters will have the discretion to inspect rescues to determine whether the rescue should be approved and also maintained on the list. The first inspection must be completed within 45 days of the rescue's request for placement on the list. But the approval of the shelter cannot be unreasonably withheld and the shelter must state in a signed writing, the reasons why the rescue is not qualified to be or to remain on the list. The reasons should be stated with sufficient specificity to inform the rescue of the particular criteria that have not been met and the actions required for approval, if possible. This must be provided as soon as practicable to the animal rescue. The rescue then can demonstrate it has remedied the problem and request a re-inspection. The shelter is to cooperate with this but is not required to consider a rescue for the list more than twice annually.
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Inspections/qualifications of rescues: Rescues must be 501c3s, but the bill does not impose any requirements for standards of care beyond the minimum already set by the animal cruelty laws. Rescues can send the shelter a one time notification to be called prior to euthanasia of animals. The shelter may request that the rescue "provide one time proof" that it has been in existence for at least one year or that one of its officers or staff members has been rescuing animals for at least one year, and that person or the organization has a relationship with a licensed veterinarian. Proof of the one year rescue threshold "shall be conclusively established by a copy of the organization's articles of incorporation showing an incorporation date of at least one year past, or a letter from a licensed veterinarian stating that the veterinarian has been treating animals rescued by the organization or one of its officers or staff members for at least one year, or through other objective criteria such as a dated advertisement concerning the rescue efforts of the organization or one of its officers or staff members, or a dated invoice from a licensed veterinarian for the medical care of an animal." "Proof of a relationship with a licensed veterinarian shall be conclusively established by a letter from a licensed veterinarian confirming the relationship or through an invoice for medical services from a licensed veterinarian addressed to the organization or one of its officers or staff members." Rescues will be barred if they have a board member, staff or volunteer that has been convicted or currently charged with a criminal offense having as its primary effect the prevention or punishment of animal neglect or animal cruelty or dog fighting. A rescue would still be eligible even if they have directors, employees or regular volunteers who have in the past violated some animal protection laws. The bill authorizes an inspection only if the shelter has a "legally sufficient reasonable suspicion" that there are violations of the animal cruelty laws. The basis for the "reasonable suspicion" may not be "determined solely on the basis of anonymous complaints except if made by a relative of the rescuer". Upon request, the shelter "shall divulge" to the rescue "any and all information pertaining to its determination of reasonable suspicion for an inspection". The name of the betraying relative can be excised. An inspection must occur within 48 hours of the time the rescue agrees to it. Otherwise, the request for an inspection is waived, at least as to that animal. A peace officer would conduct the inspection. The rescue must be notified of the results of the inspection and whether the animal will be released within 24 hours of the inspection. The filing of charges "will constitute a failed inspection". Apparently, unless criminal charges are filed, the rescue is presumed to have passed, or at least not failed, the inspection and the animal must be released to the rescue. There is no requirement The bill would require the shelter to turn over an animal to a rescue for which there is a reasonable suspicion to believe the animal will be treated cruelly, if the prosecutor does not then proceed with charges. It is often very difficult to get prosecutors to bring charges for animal cruelty and building a case may take some time. Under this bill, animals would almost certainly be put in jeopardy of harm. The bill says " no animal shall be destroyed until at least twenty-four hours after the filing of criminal charges against the" rescue has requested the animal. The animal can also be released to another rescue. |
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Shelter stats - See Assembly Bill 381 which would require shelters to keep records. |
Shelter stats Each shelter must post in a "conspicuous place at the location where animals are being relinquished, a sign which is clearly visible and readable from any vantage point in the area, containing the following information, identified by species-type, and shall post such information on the internet in a website ...in writing, at no cost, to any person requesting the information: a. The number of animals impounded at the facility during the prior calendar year; and b. The number of animals impounded during the prior calendar year who were adopted; and c. The number of animals impounded during the prior calendar year who were transferred to other agencies for adoption; and d. The number of animals impounded during the prior calendar year who were reclaimed by their owners; and e. The number of animals impounded during the prior calendar year who died, were lost, and/or were stolen; and f. The number of animals impounded during the prior calendar year who were destroyed.
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New York A.B. 5449/S.B. 5433 is the preferred bill. Please find your New York Assembly member here and your state senator here. Write (faxes or letters are best) or call and urge them to support A.B. 5449/S.B. 5433 as the shelter access bill that will save the most animal lives and give animals the most likely chance for a good home.
In Rhode Island, S.B. 91, would require animal shelters "to maintain a registry of Rhode Island incorporated animal organizations, municipal animal shelters and private animal shelters willing to accept animals, including breed-specific rescues, for the purpose of adoption or long-term placement."
The registry would include the types and breeds of animals about which an organization wishes to be contacted and would "be available and accessible to the general public on the internet".
Under the bill before euthanizing an animal, the manager of the animal shelter would be required to certify that the holding period for the animal has expired and that there is no "reasonable alternative" to euthanasia because (1) there are "no empty cages, kennels or other living environments in the shelter suitable for the animal"; (2) a foster home is not available through another municipal or private animal shelter or Rhode Island incorporated animal organization; and(3) another municipal or private animal shelter or Rhode Island incorporated animal organization is unwilling to accept the animal.
The Rhode Island bill. S.B. 91, is pending in the state Senate Environment and Agriculture Committee. S.B. 91 was introduced by Sens. John J. Tassoni, Jr.; Paul Fogarty, and Frank A. DeVall. Find committee members and their contact info here.
Find your Rhode Is. state senator here. Call or write (faxes or letters are best) committee members and your Rhode Is. senator and urge them to support S.B. 91.
A bill mandating rescue access has also been introduced in Minnesota. H.F. 1735, introduced by Rep. John Benson, would require all public and private animal shelters to maintain a registry of 501(c)3 rescue organizations which must be notified prior to the euthanasia of any animal. There would be no geographic restrictions on the rescues that could request placement on the registry. It would mean shelters could be inundated with registry applications from rescues all over the world. Shelters could be required to notify hundreds of rescues prior to the euthanasia of an animal.
The only restriction on obtaining placement on the registry would be that the rescue's current directors and officers must not have a past conviction for animal cruelty or neglect or face current animal cruelty or neglect charges; no court order can prohibit placement of animals with the organization. It is very difficult to obtain an animal cruelty conviction. Such a limited restriction could force shelters to put animals in the hands of other criminals or those who have violated animal protection laws or had animals seized or forfeited for cruelty, neglect or fighting.
Rescues could be required to report monthly the "total number of animals the organization has taken from the agency who have been adopted,
died, were transferred, were killed, and are still under the organization's care".
The director of the shelter would be required to certify before killing a "savable" animal, that the following conditions have been met:
(1) there are no cages, kennels or other "living environments" available; (2) the animal cannot share a cage or kennel; (3) there are no foster homes available; (4) none of the organizations on the registry can take the animal; (5) all mandates, programs and services under this law have been met; and (6) there is "no alternative" .
The certification would be in writing, signed by the director and made available to the public for 3 years.
A "savable" animal is defined as one who is healthy or treatable and not a vicious or dangerous dog. A big loophole. Unweaned animals are also excluded if they are not in foster care, the shelter cannot provide supplemental feed and has made an emergency appeal to rescues for help to which there has been no response for at least 8 hours.
H.F. 1735 contains a number of provisions otherwise regulating both public and private shelters: The bill would (1) extend and clarify holding periods in shelters and require efforts to find owners of lost animals; (2) add extensive requirements for shelters particularly relating to veterinary care, sanitation and socialization; (3) mandate use of intravenous injection of sodium pentobarbital as the preferred method for euthanasia with the alternative intraperitoneal or intracardiac injections available under certain conditions and also specify protocols for humane treatment of animals during euthanasia; (4) prohibit refusal to place dogs for adoption based on breed and other animals based on "arbitrary" criteria; and (5) require shelters to track and report each month for public inspection the numbers of animals impounded, sterilized, adopted or transferred, or who were returned to owners or died, or who were lost, stolen or euthanized.
