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First Substitute H.B. 158
Representative Gerry A. Adair proposes to substitute the following bill:
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ANIMAL SHELTER PET STERILIZATION
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ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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AN ACT RELATING TO POLITICAL SUBDIVISIONS AND ANIMAL WELFARE;
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AMENDING ANIMAL SHELTER STERILIZATION PROVISIONS TO REQUIRE THAT IF
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AN OWNED ANIMAL IS IMPOUNDED A SECOND TIME, THE SHELTER SHALL
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REQUIRE PROOF OF STERILIZATION OR A STERILIZATION DEPOSIT; AND
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PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-17-103, as enacted by Chapter 156, Laws of Utah 1998
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10-17-104, as enacted by Chapter 156, Laws of Utah 1998
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10-17-105, as enacted by Chapter 156, Laws of Utah 1998
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17-42-103, as enacted by Chapter 156, Laws of Utah 1998
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17-42-104, as enacted by Chapter 156, Laws of Utah 1998
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17-42-105, as enacted by Chapter 156, Laws of Utah 1998
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ENACTS:
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10-17-105.5, Utah Code Annotated 1953
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17-42-105.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-17-103
is amended to read:
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10-17-103. Animal shelters shall transfer only sterilized animals, or shall require
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sterilization deposit.
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(1) An animal shelter may not transfer an animal that has not been sterilized, except as
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provided in Subsection (2) or Section
10-17-105.5
.
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(2) An animal shelter may transfer an animal for adoption that has not been sterilized only
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if the animal shelter:
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(a) establishes a written agreement, executed by the recipient, stating the animal is not
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sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
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(i) within 30 days after the agreement is signed, if the animal is six months of age or older;
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or
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(ii) if the animal is younger than six months of age, within 30 days after the animal
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becomes six months of age; and
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(b) receives from the recipient a sterilization deposit as provided under Section
10-17-104
,
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the terms of which are part of the written agreement executed by the recipient under this section.
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Section 2.
Section
10-17-104
is amended to read:
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10-17-104. Sterilization deposit.
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(1) A sterilization deposit may be:
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(a) a portion of the adoption fee or purchase price of the pet, which will enable the adopter
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to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement
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that the veterinarian will bill the animal shelter directly for the sterilization;
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(b) a deposit that is:
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(i) refundable to the recipient if proof of sterilization of the animal within the appropriate
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time limits under Section
10-17-103
is presented to the animal shelter not more than three months
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after the date the animal is sterilized; and
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(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal
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shelter in compliance with Subsection (1)(b)(i); or
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(c) a deposit under Section [
10-17-106
]
10-17-105.5
required for an owner to claim an
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unsterilized animal impounded at the animal shelter.
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(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
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sterilization of an animal, based on the gender and weight of the animal, that is reasonably
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available in the area where the animal shelter is located, but the deposit may not be less than $25.
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(3) If a female dog or cat and her litter are transferred to one person, a sterilization deposit
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is required only for the female dog or cat.
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(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by
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the animal shelter and shall be used by the animal shelter only for:
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(a) a program to sterilize animals, which may include a sliding scale fee program;
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(b) a public education program to reduce and prevent overpopulation of animals and the
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related costs to local governments;
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(c) a follow-up program to assure that animals transferred by the animal shelter are
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sterilized in accordance with the agreement executed under Section
10-17-103
; and
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(d) any additional costs incurred by the animal shelter in the administration of the
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requirements of this chapter.
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Section 3.
Section
10-17-105
is amended to read:
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10-17-105. Failure to comply with sterilization agreement.
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If a recipient fails to comply with the sterilization agreement under [Section] Subsection
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10-17-103
(2):
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(1) the failure is ground for seizure and impoundment of the animal by the animal shelter
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from whom the recipient obtained the animal;
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(2) the recipient relinquishes all ownership rights regarding the animal and any claim to
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expenses incurred in maintenance and care of the animal; and
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(3) the recipient forfeits the sterilization deposit.
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Section 4.
Section
10-17-105.5
is enacted to read:
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10-17-105.5. Sterilization deposit -- When required for redemption by owner of
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impounded animal.
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(1) Upon the second impound within a 12-month period and upon any subsequent
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impound of an animal that is claimed by its owner, an animal shelter may release the impounded
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animal to its owner only upon payment of all impound fees required by the shelter and:
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(a) receipt of proof the animal has been sterilized; or
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(b) a sterilization deposit.
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(2) The sterilization deposit shall be refunded to the owner only if the owner provides
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proof of sterilization to the animal shelter within 30 days of release of the animal to the owner.
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Section 5.
Section
17-42-103
is amended to read:
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17-42-103. Animal shelters shall transfer only sterilized animals, or shall require
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sterilization deposit.
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(1) An animal shelter may not transfer an animal that has not been sterilized, except as
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provided in Subsection (2) or Section
17-42-105.5
.
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(2) An animal shelter may transfer an animal for adoption that has not been sterilized only
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if the animal shelter:
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(a) establishes a written agreement, executed by the recipient, stating the animal is not
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sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
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(i) within 30 days after the agreement is signed, if the animal is six months of age or older;
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or
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(ii) if the animal is younger than six months of age, within 30 days after the animal
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becomes six months of age; and
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(b) receives from the recipient a sterilization deposit as provided under Section
17-42-104
,
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the terms of which are part of the written agreement executed by the recipient under this section.
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Section 6.
Section
17-42-104
is amended to read:
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17-42-104. Sterilization deposit.
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(1) A sterilization deposit may be:
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(a) a portion of the adoption fee or purchase price of the pet, which will enable the adopter
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to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement
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that the veterinarian will bill the animal shelter directly for the sterilization;
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(b) a deposit that is:
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(i) refundable to the recipient if proof of sterilization of the animal within the appropriate
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time limits under Section
17-42-103
is presented to the animal shelter not more than three months
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after the date the animal is sterilized; and
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(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal
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shelter in compliance with Subsection (1)(b)(i); or
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(c) a deposit under Section [
17-42-106
]
17-42-105.5
required for an owner to claim an
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unsterilized animal impounded at the animal shelter.
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(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
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sterilization of an animal, based on the gender and weight of the animal, that is reasonably
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available in the area where the animal shelter is located, but the deposit may not be less than $25.
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(3) If a female dog or cat and her litter are transferred to one person, a sterilization deposit
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is required only for the female dog or cat.
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(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by
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the animal shelter and shall be used by the animal shelter only for:
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(a) a program to sterilize animals, which may include a sliding scale fee program;
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(b) a public education program to reduce and prevent overpopulation of animals and the
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related costs to local governments;
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(c) a follow-up program to assure that animals transferred by the animal shelter are
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sterilized in accordance with the agreement executed under Section
17-42-103
; and
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(d) any additional costs incurred by the animal shelter in the administration of the
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requirements of this chapter.
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Section 7.
Section
17-42-105
is amended to read:
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17-42-105. Failure to comply with sterilization agreement.
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If a recipient fails to comply with the sterilization agreement under [Section] Subsection
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17-42-103
(2):
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(1) the failure is ground for seizure and impoundment of the animal by the animal shelter
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from whom the recipient obtained the animal;
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(2) the recipient relinquishes all ownership rights regarding the animal and any claim to
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expenses incurred in maintenance and care of the animal; and
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(3) the recipient forfeits the sterilization deposit.
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Section 8.
Section
17-42-105.5
is enacted to read:
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17-42-105.5. Sterilization deposit -- When required for redemption by owner of
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impounded animal.
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(1) Upon the second impound within a 12-month period and upon any subsequent
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impound of an animal that is claimed by its owner, an animal shelter may release the impounded
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animal to its owner only upon payment of all impound fees required by the shelter and:
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(a) receipt of proof the animal has been sterilized; or
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(b) a sterilization deposit.
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(2) The sterilization deposit shall be refunded to the owner only if the owner provides
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proof of sterilization to the animal shelter within 30 days of release of the animal to the owner.
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Section 9. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
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