Yesterday morning I had an email exchange with NYS Assembly Member Micah Kellner and he alerted me to the fact that the new version of Oreo’s Law would be better news for the animals and rescuers and bad news for our critics and opponents.
Please see here for the revised law: http://www.assembly.state.ny.us/leg/?bn=A09449&sh=t
I would also like to add that Assemblyman Kellner is very approachable (as approachable as one can be through email), very friendly and open. For one who is somewhat jaded by the political system, this was a most refreshing and welcome change.
He has said he is really trying to push this legislation through, and on the new law he states:
The amended version of Oreo's Law is online. The new bill will increase access to rescuers while severely diminishing our opponents' arguments against the legislation.
Here's a quick rundown on how one would use the new provisions in Oreo's Law - for grins I'm going to use the ASPCA as the example in every case: (Visit here for the full revised legislation: http://www.assembly.state.ny.us/leg/?bn=A09449&sh=t)
If you ran a 501(c)(3) rescue group, organization, adoption service, or sanctuary, you would be able to request, say, the ASPCA's kill list. When animals pop up on the kill list, the ASPCA has the legal requirement to let the rescue know by a posting of the animal's ID # right from the ASPCA's website, then must also either call, email, fax, or text message to the rescue to directly bring to their attention that an animal is about to die.
Right up until the euthanasia (killing of the animal), the rescue can call it off and pull that animal. They then have 3 total days (2 days plus the full day of the notification) to find a home, foster, etc for the animal.
The ASPCA doesn't have any legal right to charge the rescue any more than for a standard adoption, and spay/neuter fees equal to other adoptions.
Animals that can't be adopted out: 1) animals exhibiting signs of rabies, 2.) any animal determined dangerous by a court of law pursuant to provisions of sec 121 of this chapter and 3.) don't expect to pull animals if you or an executive in your nonprofit, or a board member has been found guilty of any animal cruelty, abuse, neglect, or dogfighting. Your rescue can't pull animals if you're under investigation for any of those things, with charges filed, until those charges are dropped or cleared.
And, upon adoption, rescuers assume all responsibility and liability from that point forward. Of course this doesn't include any damage or harm that happened prior to adoption, or any damage or harm that happens due to omissions or misfacts by someone unrelated from the rescue.
There's no two ways about it: Oreo's Law is good news for shelter animals.
** NYS residents please visit www.congress.org/congressorg/officials and contact your representative in NYS Senate and your Member of Assembly - ask them to support Oreo's Law and tell them why it makes so much sense.
** Out of State residents please visit http://www.micahkellner.net/ and http://www.tomduane.com/ - let them both know how much of a winner you think Oreo's Law is, and ask them to really push for this lifesaving legislation.
Call and write today!