Let's make it illegal in NJ for public and private shelters to kill an animal when nonprofit anim...

In 1998, California made it illegal for public and private shelters to kill an animal when nonprofit animal rescue and adoption organizations were willing to save that animal’s life. As a result, the number of animals saved by nonprofit rescue organizations, rather than killed, increased from 12,526 before the law went into effect to 58,939 in 2010—an increase of over 370%, and a potential cost savings of $1,856,520 statewide for killing and disposal (these savings do not include additional savings relative to cost of care). It made no sense to California legislators that taxpayers were paying to kill animals when nonprofit organizations were willing to use private philanthropy to save the lives of those animals.
Despite initial concerns that such a law would put animals in the hands of dog fighters and animal hoarders or that it would require the release of dangerous animals, an 11-year analysis of the law found that such concerns were misplaced. In fact, the law improved oversight of rescue organizations and created a robust, educated, well-connected rescue network that saves over 46,000 additional animals every year, without any increases in dog fighting, hoarding or dog bites. Nonetheless, the proposed New York legislation contains extensive safeguards that the California legislation does not. It prohibits organizations with criminal histories or pending criminal charges for dog fighting or animal related neglect and cruelty charges from participating, and it requires them to show proof of a veterinary provider. Moreover, nothing in this Act requires shelters to work with any specific nonprofit organizations. The shelter is free to work with nonprofit organizations of its own choosing and it is free to adopt the animals itself. The only prohibition is against killing animals who have a place to go. Moreover, the proposed New York legislation specifically exempts rabid, dangerous, and suffering animals.
Mandating public-private partnerships saves lives and saves money and is consistent with public safety. It is a win for the animals and a win for taxpayers.

A. No animal in the care or custody of a duly incorporated society for the prevention of cruelty to animals, a duly incorporated humane society, a pound, shelter, or dog control officer, whether such entity be public or private, shall be destroyed if, prior to the killing of that animal, a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code animal rescue organization, animal adoption organization, or organization formed for the prevention of cruelty to animals, requests possession of the animal.

B. At least two business days prior to the scheduled euthanasia of an animal, the society for the prevention of cruelty to animals, duly incorporated humane society, pound, shelter, or dog control officer, having care or custody of the animal, shall notify or make a reasonable attempt to notify by verifiable written or electronic communication any animal rescue or adoption organization or organization formed for the prevention of cruelty to animals which have previously requested notification for animals scheduled to be killed.

C. Upon taking possession of an animal, an animal rescue or adoption organization or organization formed for the prevention of cruelty to animals shall assume all liability for the animal while the animal is in the custody and control of the organization; provided that the organization shall not be deemed responsible for harm caused to or by the animal that:

a. Occurred prior to the time the organization assumed possession of the animal; or,
b. 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:

a. An animal suspected to carry and exhibiting signs of rabies, as determined by the local health department;
b. A dog that has been determined by a court having competent jurisdiction to be dangerous;
c. A dog with a documented 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, shelter, or dog control officer, as applicable, prior to the current impound of the animal; or,
d. 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.

E. Any animal rescue or adoption organization or organization formed for the prevention of cruelty to animals having an officer, board member, staff member or volunteer who has been convicted of a criminal offense having as its primary effect the prevention or punishment of animal neglect or animal cruelty or dog fighting shall be prohibited from being an organization under the terms of this subdivision until such time as that officer, board member, staff me...