32 | | - | animal control officer appointed pursuant to section 22-328, 22-331, as |
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33 | | - | amended by this act, or 22-331a, as amended by this act, as applicable, |
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34 | | - | or any law enforcement officer may interfere to prevent any act of |
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35 | | - | cruelty upon any dog or other animal, and any person who interferes |
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36 | | - | with or obstructs or resists [the commissioner or] any such officer in the |
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37 | | - | discharge of such duty shall be guilty of a class D misdemeanor. |
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38 | | - | Sec. 4. Section 22-329a of the general statutes is repealed and the |
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39 | | - | following is substituted in lieu thereof (Effective from passage): |
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40 | | - | (a) [The Chief Animal Control Officer, any animal control officer or |
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41 | | - | any municipal or regional animal control officer] Any animal control |
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42 | | - | officer or regional animal control officer appointed pursuant to section |
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43 | | - | 22-328, 22-331, as amended by this act, or 22-331a, as amended by this |
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44 | | - | act, as applicable, may take physical custody of any animal when such |
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45 | | - | animal control officer has reasonable cause to believe that such animal |
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46 | | - | is in imminent harm and is neglected or is cruelly treated in violation of |
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47 | | - | section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or |
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48 | | - | 53-252, and, not later than ninety-six hours after taking physical |
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49 | | - | custody, shall proceed as provided in subsection (c) of this section, |
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50 | | - | except that if, in the opinion of a licensed veterinarian or the State |
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51 | | - | Veterinarian, at any time after physical custody of such animal is taken, |
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52 | | - | such animal is so injured or diseased that it should be [destroyed] |
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53 | | - | euthanized immediately, such officer may [humanely destroy or cause |
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54 | | - | such animal to be humanely destroyed] have such animal humanely |
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55 | | - | euthanized by a licensed veterinarian. |
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56 | | - | (b) [The Chief Animal Control Officer, any animal control officer or |
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57 | | - | any municipal or regional animal control officer] Any animal control |
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58 | | - | officer or regional animal control officer appointed pursuant to section |
---|
59 | | - | 22-328, 22-331, as amended by this act, or 22-331a, as amended by this |
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60 | | - | act, as applicable, may take physical custody of any animal upon |
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61 | | - | issuance of a warrant finding probable cause that such animal is |
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62 | | - | neglected or is cruelly treated in violation of section 22-366, 22-415, 53- Substitute House Bill No. 6504 |
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| 36 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06504- |
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| 37 | + | R01-HB.docx } |
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| 38 | + | 2 of 18 |
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64 | | - | Public Act No. 21-90 3 of 20 |
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| 40 | + | animal control officer appointed pursuant to section 22-328, 22-331, as 17 |
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| 41 | + | amended by this act, or 22-331a, as amended by this act, as applicable, 18 |
---|
| 42 | + | or any law enforcement officer may interfere to prevent any act of 19 |
---|
| 43 | + | cruelty upon any dog or other animal, and any person who interferes 20 |
---|
| 44 | + | with or obstructs or resists [the commissioner or] any such officer in the 21 |
---|
| 45 | + | discharge of such duty shall be guilty of a class D misdemeanor. 22 |
---|
| 46 | + | Sec. 4. Section 22-329a of the general statutes is repealed and the 23 |
---|
| 47 | + | following is substituted in lieu thereof (Effective from passage): 24 |
---|
| 48 | + | (a) [The Chief Animal Control Officer, any animal control officer or 25 |
---|
| 49 | + | any municipal or regional animal control officer] Any animal control 26 |
---|
| 50 | + | officer or regional animal control officer appointed pursuant to section 27 |
---|
| 51 | + | 22-328, 22-331, as amended by this act, or 22-331a, as amended by this 28 |
---|
| 52 | + | act, as applicable, may take physical custody of any animal when such 29 |
---|
| 53 | + | animal control officer has reasonable cause to believe that such animal 30 |
---|
| 54 | + | is in imminent harm and is neglected or is cruelly treated in violation of 31 |
---|
| 55 | + | section 22-366, 22-415, 53-247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 32 |
---|
| 56 | + | 53-252, and, not later than ninety-six hours after taking physical 33 |
---|
| 57 | + | custody, shall proceed as provided in subsection (c) of this section, 34 |
---|
| 58 | + | except that if, in the opinion of a licensed veterinarian or the State 35 |
---|
| 59 | + | Veterinarian, at any time after physical custody of such animal is taken, 36 |
---|
| 60 | + | such animal is so injured or diseased that it should be [destroyed] 37 |
---|
| 61 | + | euthanized immediately, such officer may [humanely destroy or cause 38 |
---|
| 62 | + | such animal to be humanely destroyed] have such animal humanely 39 |
---|
| 63 | + | euthanized by a licensed veterinarian. 40 |
---|
| 64 | + | (b) [The Chief Animal Control Officer, any animal control officer or 41 |
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| 65 | + | any municipal or regional animal control officer] Any animal control 42 |
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| 66 | + | officer or regional animal control officer appointed pursuant to section 43 |
---|
| 67 | + | 22-328, 22-331, as amended by this act, or 22-331a, as amended by this 44 |
---|
| 68 | + | act, as applicable, may take physical custody of any animal upon 45 |
---|
| 69 | + | issuance of a warrant finding probable cause that such animal is 46 |
---|
| 70 | + | neglected or is cruelly treated in violation of section 22-366, 22-415, 53-47 |
---|
| 71 | + | 247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, and shall 48 |
---|
| 72 | + | thereupon proceed as provided in subsection (c) of this section except 49 Substitute Bill No. 6504 |
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100 | | - | (2) of this subsection shall be held not later than fourteen days after the |
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101 | | - | issuance of such order. The service of such order may be made by any |
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102 | | - | officer authorized by law to serve process, state police officer or |
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103 | | - | indifferent person and shall be served not less than forty-eight hours |
---|
104 | | - | prior to the date and time of such hearing. If the owner or owners or |
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105 | | - | person having responsibility for the care of the animal is not known, |
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106 | | - | notice of the time and place of the hearing shall be given by publication |
---|
107 | | - | in a newspaper having a circulation in the town in which such officer |
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108 | | - | took physical custody of such animal not less than forty-eight hours |
---|
109 | | - | prior to the date and time of such hearing. |
---|
110 | | - | (e) If physical custody of an animal has not been taken pursuant to |
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111 | | - | subsection (a) or (b) of this section, and [the Chief Animal Control |
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112 | | - | Officer, any animal control officer or any municipal or regional animal |
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113 | | - | control] such officer has reasonable cause to believe that an animal is |
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114 | | - | neglected or is cruelly treated in violation of section 22-366, 22-415, 53- |
---|
115 | | - | 247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, such [animal |
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116 | | - | control] officer may file a petition with the superior court which has |
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117 | | - | venue over such matter or with the superior court for the judicial district |
---|
118 | | - | of Hartford at Hartford, plainly stating such facts of neglect or cruel |
---|
119 | | - | treatment as to bring the animal within the jurisdiction of the court and |
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120 | | - | praying for appropriate action by the court to ensure the welfare of the |
---|
121 | | - | animal including, but not limited to, physical removal and temporary |
---|
122 | | - | care and custody of the animal, authorization of an animal control |
---|
123 | | - | officer or regional animal control officer appointed pursuant to section |
---|
124 | | - | 22-328, 22-331, as amended by this act, or 22-331a, as amended by this |
---|
125 | | - | act, as applicable, or a licensed veterinarian to provide care for the |
---|
126 | | - | animal on site, vesting of ownership of the animal, the posting of a bond |
---|
127 | | - | in accordance with subsection (f) of this section and the assessment of |
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128 | | - | costs in accordance with subsection (h) of this section. Upon the filing of |
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129 | | - | such petition, the court shall cause a summons for an order to show |
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130 | | - | cause to be issued requiring the owner or owners or person having |
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131 | | - | responsibility for the care of the animal, if known, to appear in court at Substitute House Bill No. 6504 |
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| 79 | + | that if, in the opinion of a licensed veterinarian or the State Veterinarian, 50 |
---|
| 80 | + | at any time after physical custody of such animal is taken, such animal 51 |
---|
| 81 | + | is so injured or diseased that it should be [destroyed] euthanized 52 |
---|
| 82 | + | immediately, such officer may [humanely destroy or cause such animal 53 |
---|
| 83 | + | to be humanely destroyed] have such animal humanely euthanized by 54 |
---|
| 84 | + | a licensed veterinarian. 55 |
---|
| 85 | + | (c) Such officer shall file with the superior court which has venue over 56 |
---|
| 86 | + | such matter or with the superior court for the judicial district of Hartford 57 |
---|
| 87 | + | at Hartford a verified petition plainly stating such facts of neglect or 58 |
---|
| 88 | + | cruel treatment as to bring such animal within the jurisdiction of the 59 |
---|
| 89 | + | court and praying for appropriate action by the court in accordance with 60 |
---|
| 90 | + | the provisions of this section. Upon the filing of such petition, the court 61 |
---|
| 91 | + | shall cause a summons to be issued requiring the owner or owners or 62 |
---|
| 92 | + | person having responsibility for the care of the animal, if known, to 63 |
---|
| 93 | + | appear in court at the time and place named. 64 |
---|
| 94 | + | (d) If physical custody of an animal has been taken pursuant to 65 |
---|
| 95 | + | subsection (a) or (b) of this section and it appears from the allegations of 66 |
---|
| 96 | + | the petition filed pursuant to subsection (c) of this section and other 67 |
---|
| 97 | + | affirmations of fact accompanying the petition, or provided subsequent 68 |
---|
| 98 | + | thereto, that there is reasonable cause to find that the animal's condition 69 |
---|
| 99 | + | or the circumstances surrounding its care require that temporary care 70 |
---|
| 100 | + | and custody be immediately assumed to safeguard its welfare, the court 71 |
---|
| 101 | + | shall either (1) issue an order to show cause why the court should not 72 |
---|
| 102 | + | vest in some suitable state, municipal or other public or private agency 73 |
---|
| 103 | + | or person the animal's temporary care and custody pending a hearing 74 |
---|
| 104 | + | on the petition, or (2) issue an order vesting in some suitable state, 75 |
---|
| 105 | + | municipal or other public or private agency or person the animal's 76 |
---|
| 106 | + | temporary care and custody pending a hearing on the petition. A 77 |
---|
| 107 | + | hearing on the order issued by the court pursuant to subdivision (1) or 78 |
---|
| 108 | + | (2) of this subsection shall be held not later than fourteen days after the 79 |
---|
| 109 | + | issuance of such order. The service of such order may be made by any 80 |
---|
| 110 | + | officer authorized by law to serve process, state police officer or 81 |
---|
| 111 | + | indifferent person and shall be served not less than forty-eight hours 82 Substitute Bill No. 6504 |
---|
168 | | - | Public Act No. 21-90 6 of 20 |
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| 118 | + | prior to the date and time of such hearing. If the owner or owners or 83 |
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| 119 | + | person having responsibility for the care of the animal is not known, 84 |
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| 120 | + | notice of the time and place of the hearing shall be given by publication 85 |
---|
| 121 | + | in a newspaper having a circulation in the town in which such officer 86 |
---|
| 122 | + | took physical custody of such animal not less than forty-eight hours 87 |
---|
| 123 | + | prior to the date and time of such hearing. 88 |
---|
| 124 | + | (e) If physical custody of an animal has not been taken pursuant to 89 |
---|
| 125 | + | subsection (a) or (b) of this section, and [the Chief Animal Control 90 |
---|
| 126 | + | Officer, any animal control officer or any municipal or regional animal 91 |
---|
| 127 | + | control] such officer has reasonable cause to believe that an animal is 92 |
---|
| 128 | + | neglected or is cruelly treated in violation of section 22-366, 22-415, 53-93 |
---|
| 129 | + | 247, 53-248, 53-249, 53-249a, 53-250, 53-251 or 53-252, such [animal 94 |
---|
| 130 | + | control] officer may file a petition with the superior court which has 95 |
---|
| 131 | + | venue over such matter or with the superior court for the judicial district 96 |
---|
| 132 | + | of Hartford at Hartford, plainly stating such facts of neglect or cruel 97 |
---|
| 133 | + | treatment as to bring the animal within the jurisdiction of the court and 98 |
---|
| 134 | + | praying for appropriate action by the court to ensure the welfare of the 99 |
---|
| 135 | + | animal including, but not limited to, physical removal and temporary 100 |
---|
| 136 | + | care and custody of the animal, authorization of an animal control 101 |
---|
| 137 | + | officer or regional animal control officer appointed pursuant to section 102 |
---|
| 138 | + | 22-328, 22-331, as amended by this act, or 22-331a, as amended by this 103 |
---|
| 139 | + | act, as applicable, or a licensed veterinarian to provide care for the 104 |
---|
| 140 | + | animal on site, vesting of ownership of the animal, the posting of a bond 105 |
---|
| 141 | + | in accordance with subsection (f) of this section and the assessment of 106 |
---|
| 142 | + | costs in accordance with subsection (h) of this section. Upon the filing of 107 |
---|
| 143 | + | such petition, the court shall cause a summons for an order to show 108 |
---|
| 144 | + | cause to be issued requiring the owner or owners or person having 109 |
---|
| 145 | + | responsibility for the care of the animal, if known, to appear in court at 110 |
---|
| 146 | + | the time and place named. If the owner or owners or person having 111 |
---|
| 147 | + | responsibility for the care of the animal is not known, notice of the time 112 |
---|
| 148 | + | and place of the hearing shall be given by publication in a newspaper 113 |
---|
| 149 | + | having a circulation in the town where the animal is located not less than 114 |
---|
| 150 | + | forty-eight hours prior to the date and time of the hearing. If it appears 115 |
---|
| 151 | + | from the allegations of the petition filed pursuant to this subsection and 116 Substitute Bill No. 6504 |
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202 | | - | subsection after the issuance of an order of temporary care and custody |
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203 | | - | and the owner of the animal has posted a bond, the agency or person |
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204 | | - | with whom the bond was posted shall return such bond to such owner. |
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205 | | - | (h) If the court finds that the animal is neglected or cruelly treated, |
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206 | | - | the expenses incurred by the state or a municipality in providing proper |
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207 | | - | food, shelter and care to an animal it has taken custody of under |
---|
208 | | - | subsection (a) or (b) of this section and the expenses incurred by any |
---|
209 | | - | state, municipal or other public or private agency or person in providing |
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210 | | - | temporary care and custody pursuant to an order vesting temporary |
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211 | | - | care and custody, calculated at the rate of fifteen dollars per day per |
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212 | | - | animal or twenty-five dollars per day per animal if the animal is a horse |
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213 | | - | or other large livestock until the date ownership is vested pursuant to |
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214 | | - | subdivision (1) of subsection (g) of this section shall be paid by the |
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215 | | - | owner or owners or person having responsibility for the care of the |
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216 | | - | animal. In addition, all veterinary costs and expenses incurred for the |
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217 | | - | welfare of the animal that are not covered by the per diem rate shall be |
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218 | | - | paid by the owner or owners or person having responsibility for the |
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219 | | - | animal. |
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220 | | - | (i) If the court vests ownership of the animal in the Commissioner of |
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221 | | - | Agriculture or a municipality, the commissioner or the municipality |
---|
222 | | - | may conduct or participate in a public auction of the animal under such |
---|
223 | | - | conditions the commissioner or the municipality deems necessary or the |
---|
224 | | - | commissioner or the municipality may consign the animal to an auction |
---|
225 | | - | or sell the animal through an open advertised bid process whereby bid |
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226 | | - | price and demonstration of sufficient knowledge and ability to care for |
---|
227 | | - | such animal are factors for the commissioner's or municipality's |
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228 | | - | consideration. All moneys collected from the sale of animals sold by the |
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229 | | - | Commissioner of Agriculture through such open advertised bid process |
---|
230 | | - | shall be deposited in the animal abuse cost recovery account established |
---|
231 | | - | in subsection (j) of this section. All moneys collected from the sale of |
---|
232 | | - | animals sold by a municipality through such open advertised bid Substitute House Bill No. 6504 |
---|
| 158 | + | other affirmations of fact accompanying the petition, or provided 117 |
---|
| 159 | + | subsequent thereto, that there is reasonable cause to find that the 118 |
---|
| 160 | + | animal's condition or the circumstances surrounding its care require the 119 |
---|
| 161 | + | immediate removal of the animal from the owner or owners or person 120 |
---|
| 162 | + | having responsibility for the care of the animal to safeguard its welfare, 121 |
---|
| 163 | + | the court shall issue an order vesting in some suitable state, municipal 122 |
---|
| 164 | + | or other public or private agency or person the animal's temporary care 123 |
---|
| 165 | + | and custody pending a hearing on the petition which hearing shall be 124 |
---|
| 166 | + | held not later than ten days after the issuance of such order for such 125 |
---|
| 167 | + | temporary care and custody. The service of such order may be made by 126 |
---|
| 168 | + | any officer authorized by law to serve process, state police officer or 127 |
---|
| 169 | + | indifferent person and shall be served not less than forty-eight hours 128 |
---|
| 170 | + | prior to the date and time of such hearing. 129 |
---|
| 171 | + | (f) If the court issues an order vesting the animal's temporary care 130 |
---|
| 172 | + | and custody in some suitable state, municipal or other public or private 131 |
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| 173 | + | agency or person, the owner or owners shall either relinquish 132 |
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| 174 | + | ownership of the animal or post a surety bond or cash bond with the 133 |
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| 175 | + | agency or person in whom the animal's temporary care and custody was 134 |
---|
| 176 | + | vested. The surety bond or cash bond shall be in the amount of five 135 |
---|
| 177 | + | hundred dollars for each animal placed in the temporary care or custody 136 |
---|
| 178 | + | of such agency or person and shall secure payment for the reasonable 137 |
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| 179 | + | expenses of the agency or person having temporary care and custody of 138 |
---|
| 180 | + | the animal in caring and providing for such animal until the court makes 139 |
---|
| 181 | + | a finding as to the animal's disposition under subsection (g) of this 140 |
---|
| 182 | + | section. The requirement that a bond be posted may be waived if such 141 |
---|
| 183 | + | owner provides satisfactory evidence that such owner is indigent and 142 |
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| 184 | + | unable to pay for such bond. 143 |
---|
| 185 | + | (g) (1) If, after hearing, the court finds that the animal is neglected or 144 |
---|
| 186 | + | cruelly treated, it shall vest ownership of the animal in any state, 145 |
---|
| 187 | + | municipal or other public or private agency which is permitted by law 146 |
---|
| 188 | + | to care for neglected or cruelly treated animals or with any person found 147 |
---|
| 189 | + | to be suitable or worthy of such responsibility by the court. 148 |
---|
| 190 | + | (2) If, after hearing, the court finds that the animal is so injured or 149 Substitute Bill No. 6504 |
---|
303 | | - | (d) The municipal animal control officer so appointed in any [city] |
---|
304 | | - | municipality the limits of which are not coterminous with those of the |
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305 | | - | [town] municipality in which it is located shall have authority as such |
---|
306 | | - | municipal animal control officer throughout such town, and the town |
---|
307 | | - | treasurer or other fiscal officer shall annually reimburse the [city] |
---|
308 | | - | municipality, from the dog fund account, for the salaries and expenses |
---|
309 | | - | of such officer or his or her assistants. The municipal animal control |
---|
310 | | - | officer so appointed in any town having a borough within its limits shall |
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311 | | - | have authority as such municipal animal control officer throughout the |
---|
312 | | - | limits of such town. If, in any [city or town] municipality, the officer or |
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313 | | - | officers charged with such duty fail to report such appointment, the |
---|
314 | | - | commissioner shall notify such officer or officers to make and report |
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315 | | - | such appointment within ten days of receipt of such notification, and, if |
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316 | | - | such appointment is not made within such time, the commissioner shall |
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317 | | - | appoint a municipal animal control officer for such [city or town] |
---|
318 | | - | municipality. |
---|
319 | | - | (e) Notwithstanding any provision of the general statutes or any |
---|
320 | | - | special act, municipal charter or ordinance, any chief elected official of |
---|
321 | | - | any municipality or a regional animal control facility may appoint, on a |
---|
322 | | - | temporary basis not to exceed ninety days, any animal control officer or |
---|
323 | | - | regional animal control officer appointed pursuant to this section or |
---|
324 | | - | section 22-331a, as amended by this act, as applicable, to act as an animal |
---|
325 | | - | control officer in such municipality or region. Any animal control officer |
---|
326 | | - | or regional animal control officer who provides services pursuant to an |
---|
327 | | - | appointment made in accordance with this subsection shall have all the |
---|
328 | | - | powers and authority granted to such animal control officer in the |
---|
329 | | - | municipality or region in which such officer is appointed. Any such |
---|
330 | | - | appointment made pursuant to this subsection shall be made in writing |
---|
331 | | - | and be approved by each of the chief elected officials of the |
---|
332 | | - | municipalities affected by such appointment and by each regional |
---|
333 | | - | animal control facility that is affected by such appointment. Such |
---|
334 | | - | written appointment shall include, at a minimum, information Substitute House Bill No. 6504 |
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| 235 | + | animal or twenty-five dollars per day per animal if the animal is a horse 182 |
---|
| 236 | + | or other large livestock until the date ownership is vested pursuant to 183 |
---|
| 237 | + | subdivision (1) of subsection (g) of this section shall be paid by the 184 |
---|
| 238 | + | owner or owners or person having responsibility for the care of the 185 |
---|
| 239 | + | animal. In addition, all veterinary costs and expenses incurred for the 186 |
---|
| 240 | + | welfare of the animal that are not covered by the per diem rate shall be 187 |
---|
| 241 | + | paid by the owner or owners or person having responsibility for the 188 |
---|
| 242 | + | animal. 189 |
---|
| 243 | + | (i) If the court vests ownership of the animal in the Commissioner of 190 |
---|
| 244 | + | Agriculture or a municipality, the commissioner or the municipality 191 |
---|
| 245 | + | may conduct or participate in a public auction of the animal under such 192 |
---|
| 246 | + | conditions the commissioner or the municipality deems necessary or the 193 |
---|
| 247 | + | commissioner or the municipality may consign the animal to an auction 194 |
---|
| 248 | + | or sell the animal through an open advertised bid process whereby bid 195 |
---|
| 249 | + | price and demonstration of sufficient knowledge and ability to care for 196 |
---|
| 250 | + | such animal are factors for the commissioner's or municipality's 197 |
---|
| 251 | + | consideration. All moneys collected from the sale of animals sold by the 198 |
---|
| 252 | + | Commissioner of Agriculture through such open advertised bid process 199 |
---|
| 253 | + | shall be deposited in the animal abuse cost recovery account established 200 |
---|
| 254 | + | in subsection (j) of this section. All moneys collected from the sale of 201 |
---|
| 255 | + | animals sold by a municipality through such open advertised bid 202 |
---|
| 256 | + | process shall be deposited by the town treasurer or other fiscal officer in 203 |
---|
| 257 | + | the town's general fund. The commissioner or the municipality may also 204 |
---|
| 258 | + | vest ownership of any such animal in an individual or a public or private 205 |
---|
| 259 | + | nonprofit animal rescue or adoption organization. 206 |
---|
| 260 | + | (j) There is established a separate, nonlapsing account within the 207 |
---|
| 261 | + | General Fund, to be known as the "animal abuse cost recovery account". 208 |
---|
| 262 | + | All moneys collected from sales at public auction of animals seized by 209 |
---|
| 263 | + | the Department of Agriculture pursuant to this section shall be 210 |
---|
| 264 | + | deposited into the account. Deposits of moneys may be made into the 211 |
---|
| 265 | + | account from public or private sources, including, but not limited to, the 212 |
---|
| 266 | + | federal government or municipal governments. 213 |
---|
| 267 | + | (k) Notwithstanding any provision of the general statutes, any 214 Substitute Bill No. 6504 |
---|
408 | | - | town or that has a state-wide circulation, and (B) a photograph or |
---|
409 | | - | description of such dog or other domestic animal and the date on which |
---|
410 | | - | such dog or other domestic animal is no longer legally required to be |
---|
411 | | - | impounded to be posted on a national pet adoption Internet web site or |
---|
412 | | - | an Internet web site that is maintained or accessed by the animal control |
---|
413 | | - | officer and that is accessible to the public through an Internet search, |
---|
414 | | - | except such posting shall not be required if: (i) The dog or other |
---|
415 | | - | domestic animal is held pending the resolution of civil or criminal |
---|
416 | | - | litigation involving such dog or other domestic animal, (ii) the officer |
---|
417 | | - | has a good faith belief that the dog or other domestic animal would be |
---|
418 | | - | adopted by or transferred to a public or private nonprofit rescue |
---|
419 | | - | organization for the purpose of placing such dog or other domestic |
---|
420 | | - | animal in an adoptive home even in the absence of such posting, (iii) the |
---|
421 | | - | dog or other domestic animal's safety will be placed at risk, or (iv) such |
---|
422 | | - | animal control officer determines that such dog or other domestic |
---|
423 | | - | animal is feral and not adoptable. If any animal control officer does not |
---|
424 | | - | have the technological resources to post such information on an Internet |
---|
425 | | - | web site as required by subparagraph (B) of this subdivision, such |
---|
426 | | - | officer may contact a public or private animal rescue organization and |
---|
427 | | - | request that such organization post such information, at such |
---|
428 | | - | organization's expense, on an Internet web site that is accessible to the |
---|
429 | | - | public through an Internet search. To the extent practicable, any such |
---|
430 | | - | posting by an animal control officer or a public or private animal rescue |
---|
431 | | - | organization shall remain posted for the duration of such dog's or other |
---|
432 | | - | domestic animal's impoundment in the municipal or regional dog |
---|
433 | | - | pound. |
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434 | | - | (b) If such dog or other domestic animal is not claimed by and |
---|
435 | | - | released to the owner within seven days after the date of publication, |
---|
436 | | - | [the municipal animal control] such officer, upon finding such dog or |
---|
437 | | - | other domestic animal to be in satisfactory health, may have a licensed |
---|
438 | | - | veterinarian spay or neuter such dog and sell such dog or other |
---|
439 | | - | domestic animal to any person who satisfies such officer that such Substitute House Bill No. 6504 |
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| 313 | + | chief or superintendent of police in each other city or town having a 248 |
---|
| 314 | + | police department and the selectmen or chief executive officer in each 249 |
---|
| 315 | + | town which has no police department, or such other appointing 250 |
---|
| 316 | + | authority as the charter of such town may designate, in their respective 251 |
---|
| 317 | + | jurisdictions, shall appoint a municipal animal control officer and such 252 |
---|
| 318 | + | assistants as are deemed necessary to administer and enforce the laws 253 |
---|
| 319 | + | relating to dogs and other domestic animals. Such officer and assistants 254 |
---|
| 320 | + | shall have such qualifications as the commissioner may prescribe and 255 |
---|
| 321 | + | shall serve for a term of at least one year. 256 |
---|
| 322 | + | (c) Each appointment made under the provisions of this section shall 257 |
---|
| 323 | + | be reported promptly to the commissioner. Each person appointed 258 |
---|
| 324 | + | under the provisions of subsection (a) of this section shall, and any 259 |
---|
| 325 | + | person appointed under the provisions of subsection (b) of this section 260 |
---|
| 326 | + | may, be paid a salary and expenses in lieu of the fees provided in section 261 |
---|
| 327 | + | 22-334 and the amount thereof shall be transferred from the dog fund 262 |
---|
| 328 | + | account to the appropriation of the proper department. 263 |
---|
| 329 | + | (d) The municipal animal control officer so appointed in any [city] 264 |
---|
| 330 | + | municipality the limits of which are not coterminous with those of the 265 |
---|
| 331 | + | [town] municipality in which it is located shall have authority as such 266 |
---|
| 332 | + | municipal animal control officer throughout such town, and the town 267 |
---|
| 333 | + | treasurer or other fiscal officer shall annually reimburse the [city] 268 |
---|
| 334 | + | municipality, from the dog fund account, for the salaries and expenses 269 |
---|
| 335 | + | of such officer or his or her assistants. The municipal animal control 270 |
---|
| 336 | + | officer so appointed in any town having a borough within its limits shall 271 |
---|
| 337 | + | have authority as such municipal animal control officer throughout the 272 |
---|
| 338 | + | limits of such town. If, in any [city or town] municipality, the officer or 273 |
---|
| 339 | + | officers charged with such duty fail to report such appointment, the 274 |
---|
| 340 | + | commissioner shall notify such officer or officers to make and report 275 |
---|
| 341 | + | such appointment within ten days of receipt of such notification, and, if 276 |
---|
| 342 | + | such appointment is not made within such time, the commissioner shall 277 |
---|
| 343 | + | appoint a municipal animal control officer for such [city or town] 278 |
---|
| 344 | + | municipality. 279 |
---|
| 345 | + | (e) Notwithstanding any provision of the general statutes or any 280 Substitute Bill No. 6504 |
---|
475 | | - | Public Act No. 21-90 15 of 20 |
---|
| 352 | + | special act, municipal charter or ordinance, any chief elected official of 281 |
---|
| 353 | + | any municipality or a regional animal control facility may appoint, on a 282 |
---|
| 354 | + | temporary basis not to exceed ninety days, any animal control officer or 283 |
---|
| 355 | + | regional animal control officer appointed pursuant to this section or 284 |
---|
| 356 | + | section 22-331a, as amended by this act, as applicable, to act as an animal 285 |
---|
| 357 | + | control officer in such municipality or region. Any animal control officer 286 |
---|
| 358 | + | or regional animal control officer who provides services pursuant to an 287 |
---|
| 359 | + | appointment made in accordance with this subsection shall have all the 288 |
---|
| 360 | + | powers and authority granted to such animal control officer in the 289 |
---|
| 361 | + | municipality or region in which such officer is appointed. Any such 290 |
---|
| 362 | + | appointment made pursuant to this subsection shall be made in writing 291 |
---|
| 363 | + | and be approved by each of the chief elected officials of the 292 |
---|
| 364 | + | municipalities affected by such appointment and by each regional 293 |
---|
| 365 | + | animal control facility that is affected by such appointment. Such 294 |
---|
| 366 | + | written appointment shall include, at a minimum, information 295 |
---|
| 367 | + | concerning the compensation to be paid to such officer, insurance 296 |
---|
| 368 | + | provided to such officer and the use of equipment, if any, for such 297 |
---|
| 369 | + | officer. The Commissioner of Agriculture shall be notified, in writing, of 298 |
---|
| 370 | + | any such appointment made pursuant to this subsection not later than 299 |
---|
| 371 | + | five days following such appointment. 300 |
---|
| 372 | + | Sec. 6. Section 22-331a of the general statutes is repealed and the 301 |
---|
| 373 | + | following is substituted in lieu thereof (Effective from passage): 302 |
---|
| 374 | + | Any two or more towns each of which has a population of less than 303 |
---|
| 375 | + | fifty thousand, and which have or will provide a dog pound facility 304 |
---|
| 376 | + | within their region, by action of their [legislative bodies] board of 305 |
---|
| 377 | + | selectmen, town council or other governing body, may agree to be 306 |
---|
| 378 | + | served by a regional animal control officer. Upon certification of such 307 |
---|
| 379 | + | agreement to the commissioner with assurances from the towns so 308 |
---|
| 380 | + | certifying that they will provide and continue to provide adequate 309 |
---|
| 381 | + | facilities and compensation for such officer, the commissioner may, after 310 |
---|
| 382 | + | giving due regard to the regional aspects of the proposed facilities and 311 |
---|
| 383 | + | whether the proposed region would be in the best interests of the towns 312 |
---|
| 384 | + | so certifying, establish such region. Each person so appointed shall have 313 Substitute Bill No. 6504 |
---|
511 | | - | maintains an animal shelter. Any animal importer or person who |
---|
512 | | - | operates or maintains an animal shelter who violates the provisions of |
---|
513 | | - | this subsection shall be fined [not more than five hundred dollars for |
---|
514 | | - | each animal that is the subject of such violation] for a first violation, two |
---|
515 | | - | hundred fifty dollars for each animal that is the subject of such violation, |
---|
516 | | - | and for any subsequent violation, five hundred dollars for each animal |
---|
517 | | - | that is the subject of such violation. |
---|
518 | | - | (b) Each animal importer and each person who operates or maintains |
---|
519 | | - | an animal shelter shall maintain a record of the veterinary services |
---|
520 | | - | rendered to each dog or cat imported into this state by such animal |
---|
521 | | - | importer or person. Such record shall be maintained by such animal |
---|
522 | | - | importer or person for a period of three years. Any animal importer or |
---|
523 | | - | such person who violates the provisions of this subsection shall be fined |
---|
524 | | - | [five hundred dollars] two hundred fifty dollars for a first violation and |
---|
525 | | - | five hundred dollars for any subsequent violation. |
---|
526 | | - | Sec. 9. (NEW) (Effective from passage) Notwithstanding any provision |
---|
527 | | - | of chapter 435 of the general statutes, the Commissioner of Agriculture |
---|
528 | | - | shall develop a waiver request process and form for the owner, keeper |
---|
529 | | - | or veterinarian for any animal that was attacked and that may have been |
---|
530 | | - | exposed to rabies as a result of such attack to request a reduction of the |
---|
531 | | - | requisite quarantine period for such animal from six months to four |
---|
532 | | - | months if such owner, keeper or veterinarian submits proof with such |
---|
533 | | - | waiver request that such animal was vaccinated for rabies not more than |
---|
534 | | - | ninety-six hours after such attack. Such waiver request process and form |
---|
535 | | - | shall be: (1) Posted on the Internet web site of the Department of |
---|
536 | | - | Agriculture, (2) made publicly available and accessible, and (3) made |
---|
537 | | - | known to veterinarians throughout the state by said department. |
---|
538 | | - | Sec. 10. Subsection (b) of section 22-380g of the general statutes is |
---|
539 | | - | repealed and the following is substituted in lieu thereof (Effective October |
---|
540 | | - | 31, 2021): Substitute House Bill No. 6504 |
---|
| 391 | + | the same powers and duties within the region to which he is assigned 314 |
---|
| 392 | + | as a municipal animal control officer in each town therein. All costs of 315 |
---|
| 393 | + | maintaining and operating such pounds and administering and 316 |
---|
| 394 | + | enforcing the laws relating to dogs within such regions shall be paid in 317 |
---|
| 395 | + | accordance with the provisions of the agreement certified to the 318 |
---|
| 396 | + | commissioner under this section. Any pound facility operated pursuant 319 |
---|
| 397 | + | to this section shall meet the construction, maintenance and sanitation 320 |
---|
| 398 | + | standards established pursuant to section 22-336 and any regulations 321 |
---|
| 399 | + | adopted pursuant to said section, including, but not limited to, 322 |
---|
| 400 | + | standards for the handling and transportation of dogs and other 323 |
---|
| 401 | + | domestic animals. 324 |
---|
| 402 | + | Sec. 7. Section 22-332 of the general statutes is repealed and the 325 |
---|
| 403 | + | following is substituted in lieu thereof (Effective from passage): 326 |
---|
| 404 | + | (a) [The Chief Animal Control Officer, any animal control officer or 327 |
---|
| 405 | + | any municipal animal control officer] Any animal control officer or 328 |
---|
| 406 | + | regional animal control officer appointed pursuant to section 22-328, 22-329 |
---|
| 407 | + | 331, as amended by this act, or 22-331a, as amended by this act, as 330 |
---|
| 408 | + | applicable, shall be responsible for the enforcement of this chapter and 331 |
---|
| 409 | + | shall make diligent search and inquiry for any violation of any of its 332 |
---|
| 410 | + | provisions. Any such officer may take into custody (1) any dog found 333 |
---|
| 411 | + | roaming in violation of the provisions of section 22-364, (2) any dog not 334 |
---|
| 412 | + | having a tag or plate on a collar about its neck or on a harness on its 335 |
---|
| 413 | + | body as provided by law or which is not confined or controlled in 336 |
---|
| 414 | + | accordance with the provisions of any order or regulation relating to 337 |
---|
| 415 | + | rabies issued by the commissioner in accordance with the provisions of 338 |
---|
| 416 | + | this chapter, or (3) any dog or other domestic animal found injured on 339 |
---|
| 417 | + | any highway, neglected, abandoned or cruelly treated. The officer shall 340 |
---|
| 418 | + | impound such dog or other domestic animal at the pound serving the 341 |
---|
| 419 | + | town where the dog or other domestic animal is taken unless, in the 342 |
---|
| 420 | + | opinion of a licensed veterinarian, the dog or other domestic animal is 343 |
---|
| 421 | + | so injured or diseased that it should be [destroyed] euthanized 344 |
---|
| 422 | + | immediately, in which case the municipal animal control officer of such 345 |
---|
| 423 | + | town may [cause the dog or other domestic animal to be mercifully 346 Substitute Bill No. 6504 |
---|
577 | | - | 199. A person shall be construed to practice veterinary medicine, |
---|
578 | | - | surgery or dentistry, within the meaning of this chapter, who holds |
---|
579 | | - | himself or herself out as being able to diagnose, administer biologics for, |
---|
580 | | - | treat, operate or prescribe for any animal or bird disease, pain, injury, |
---|
581 | | - | deformity or physical condition, or who either offers or undertakes, by |
---|
582 | | - | any means or methods, to diagnose, administer biologics for, treat, |
---|
583 | | - | operate or prescribe for any animal or bird disease, pain, injury, |
---|
584 | | - | deformity or physical condition. The euthanizing of animals in |
---|
585 | | - | accordance with applicable state and federal drug laws by the |
---|
586 | | - | Connecticut Humane Society, the floating of teeth in horses by persons |
---|
587 | | - | experienced in that practice and the performance of myofascial trigger |
---|
588 | | - | point therapy by persons experienced in that practice shall not be |
---|
589 | | - | deemed to be the practice of veterinary medicine. For the purposes of |
---|
590 | | - | this section, "floating teeth" means using hand-held rasps to reduce or |
---|
591 | | - | eliminate sharp or uneven edges on a horse's upper and lower molars |
---|
592 | | - | to avoid injury to the tongue and cheeks and to improve chewing food, |
---|
593 | | - | but does not include treating decay or tumors or extracting teeth. For |
---|
594 | | - | the purposes of this section, "myofascial trigger point therapy" means |
---|
595 | | - | the use of specific palpation, compression, stretching and corrective |
---|
596 | | - | exercise for promoting optimum athleticism, and "persons experienced |
---|
597 | | - | in that practice" means persons who, prior to October 1, 2003, have |
---|
598 | | - | attended a minimum of two hundred hours of classroom, lecture and |
---|
599 | | - | hands-on practice in myofascial trigger point therapy, including animal |
---|
600 | | - | musculoskeletal anatomy and biomechanics, theory and application of |
---|
601 | | - | animal myofascial trigger point techniques, factors that habituate a |
---|
602 | | - | presenting condition and corrective exercise. |
---|
603 | | - | (b) No veterinarian licensed under this chapter may practice |
---|
604 | | - | veterinary medicine on an animal without first establishing a |
---|
605 | | - | veterinarian-client-patient relationship with the animal and the owner |
---|
606 | | - | of the animal or person responsible for the care of the animal, except |
---|
607 | | - | that a veterinarian licensed under this chapter may provide, in good |
---|
608 | | - | faith, emergency or urgent care to an animal when no veterinarian- Substitute House Bill No. 6504 |
---|
612 | | - | client-patient relationship has been established if the owner of the |
---|
613 | | - | animal or person responsible for the care of such animal cannot be |
---|
614 | | - | identified. A veterinarian shall be deemed to have established a |
---|
615 | | - | veterinarian-client-patient relationship if the following conditions have |
---|
616 | | - | been met: |
---|
617 | | - | (1) The veterinarian has assumed the responsibility of making |
---|
618 | | - | medical judgments regarding the health of the animal and the need for |
---|
619 | | - | the provision of medical care or treatment to the animal and has |
---|
620 | | - | instructed the owner of the animal or person responsible for the care of |
---|
621 | | - | the animal on the appropriate course of medical care or treatment of the |
---|
622 | | - | animal; |
---|
623 | | - | (2) The veterinarian has sufficient knowledge of the animal to make |
---|
624 | | - | at least a preliminary or general diagnosis of the animal; |
---|
625 | | - | (3) The owner of the animal or person responsible for the care of the |
---|
626 | | - | animal has agreed to follow the veterinarian's recommendations |
---|
627 | | - | regarding medical care or treatment of the animal; |
---|
628 | | - | (4) The veterinarian is available for a follow-up evaluation of the |
---|
629 | | - | animal or has arranged for (A) emergency or urgent care coverage for |
---|
630 | | - | the animal, or (B) continuing medical care or treatment of the animal, as |
---|
631 | | - | designated by the veterinarian, by another licensed veterinarian who (i) |
---|
632 | | - | has access to the animal's medical records, or (ii) can provide reasonable |
---|
633 | | - | and appropriate medical care or treatment to the animal; |
---|
634 | | - | (5) The veterinarian oversees the medical care or treatment of the |
---|
635 | | - | animal; and |
---|
636 | | - | (6) The veterinarian (A) has performed a physical examination of the |
---|
637 | | - | animal, or (B) is personally acquainted with the keeping and care of the |
---|
638 | | - | animal by virtue of providing timely and appropriate medical care or |
---|
639 | | - | treatment to another animal at the same location where the animal is |
---|
640 | | - | kept. Substitute House Bill No. 6504 |
---|
| 471 | + | posting by an animal control officer or a public or private animal rescue 382 |
---|
| 472 | + | organization shall remain posted for the duration of such dog's or other 383 |
---|
| 473 | + | domestic animal's impoundment in the municipal or regional dog 384 |
---|
| 474 | + | pound. 385 |
---|
| 475 | + | (b) If such dog or other domestic animal is not claimed by and 386 |
---|
| 476 | + | released to the owner within seven days after the date of publication, 387 |
---|
| 477 | + | [the municipal animal control] such officer, upon finding such dog or 388 |
---|
| 478 | + | other domestic animal to be in satisfactory health, may have a licensed 389 |
---|
| 479 | + | veterinarian spay or neuter such dog and sell such dog or other 390 |
---|
| 480 | + | domestic animal to any person who satisfies such officer that such 391 |
---|
| 481 | + | person is purchasing such dog or other domestic animal as a pet and 392 |
---|
| 482 | + | that such person can give it a good home and proper care. [The 393 |
---|
| 483 | + | municipal animal control] Such officer may retain possession of such 394 |
---|
| 484 | + | dog or other domestic animal for such additional period of time as such 395 |
---|
| 485 | + | [animal control] officer may deem advisable in order to place such dog 396 |
---|
| 486 | + | or other domestic animal as a pet and may have a licensed veterinarian 397 |
---|
| 487 | + | spay or neuter such dog. If, within such period, any dog or other 398 |
---|
| 488 | + | domestic animal is not claimed by and released to the owner or keeper 399 |
---|
| 489 | + | or purchased as a pet, the officer shall cause such dog or other domestic 400 |
---|
| 490 | + | animal to be [mercifully killed] humanely euthanized by a licensed 401 |
---|
| 491 | + | veterinarian or disposed of as the State Veterinarian may direct. Any 402 |
---|
| 492 | + | veterinarian who so [destroys] euthanizes a dog shall be paid from the 403 |
---|
| 493 | + | dog fund account. No person who [so destroys] euthanizes a dog or 404 |
---|
| 494 | + | other domestic animal shall be held criminally or civilly liable therefor 405 |
---|
| 495 | + | nor shall any licensed veterinarian who spays or neuters a dog pursuant 406 |
---|
| 496 | + | to this section be held civilly liable. [, including, but not limited to, 407 |
---|
| 497 | + | liability for reconstructive neutical implantation surgery.] 408 |
---|
| 498 | + | (c) The town treasurer or other fiscal officer shall pay from the dog 409 |
---|
| 499 | + | fund account the advertising expense incurred under the provisions of 410 |
---|
| 500 | + | this section upon receipt of an itemized statement together with a copy 411 |
---|
| 501 | + | of the advertisement as published. Any person who purchases a dog as 412 |
---|
| 502 | + | a pet shall pay a fee of five dollars and procure a license and tag for such 413 |
---|
| 503 | + | dog from the town clerk, in accordance with the provisions of section 414 Substitute Bill No. 6504 |
---|
644 | | - | (c) A veterinarian-client-patient relationship may not be established |
---|
645 | | - | solely through veterinary telemedicine. After a veterinarian-client- |
---|
646 | | - | patient relationship has been established, such relationship may be |
---|
647 | | - | maintained through veterinary telemedicine in between medically |
---|
648 | | - | necessary examinations of the animal by the veterinarian or timely |
---|
649 | | - | medical visits by the veterinarian to the location where the animal is |
---|
650 | | - | kept. If there is no veterinarian-client-patient relationship, a veterinarian |
---|
651 | | - | may only provide general advice using electronic means and shall not |
---|
652 | | - | provide any specific advice regarding the animal, including, but not |
---|
653 | | - | limited to, any diagnosis or recommended medical care or treatment of |
---|
654 | | - | the animal. As used in this subsection, "veterinary telemedicine" means |
---|
655 | | - | the exchange of medical information regarding the status of an animal's |
---|
656 | | - | health or the delivery of a medical diagnosis, care or treatment of an |
---|
657 | | - | animal through electronic means, including, but not limited to, |
---|
658 | | - | telephone, video, mobile applications or an Internet web site-based |
---|
659 | | - | platform. |
---|
| 506 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06504- |
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| 507 | + | R01-HB.docx } |
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| 508 | + | 14 of 18 |
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| 509 | + | |
---|
| 510 | + | 22-338. In addition to the five-dollar fee, any person who purchases a 415 |
---|
| 511 | + | dog as a pet may be charged the cost the municipality incurred, if any, 416 |
---|
| 512 | + | to spay or neuter and vaccinate the dog, provided such charge shall not 417 |
---|
| 513 | + | exceed one hundred fifty dollars. 418 |
---|
| 514 | + | (d) No regional or municipal dog pound facility, municipality, 419 |
---|
| 515 | + | [regional or municipal animal control officer] animal control officer or 420 |
---|
| 516 | + | regional animal control officer appointed pursuant to section 22-328, 22-421 |
---|
| 517 | + | 331, as amended by this act, or 22-331a, as amended by this act, as 422 |
---|
| 518 | + | applicable, or public or private nonprofit animal rescue organization 423 |
---|
| 519 | + | that arranges for the provision of treatment by a licensed veterinarian to 424 |
---|
| 520 | + | an injured, sick or diseased animal pursuant to a contract described in 425 |
---|
| 521 | + | section 22-332e shall be held civilly liable for such actions unless such 426 |
---|
| 522 | + | actions are performed in a wanton, reckless or malicious manner. No 427 |
---|
| 523 | + | licensed veterinarian who provides treatment free of charge or for a 428 |
---|
| 524 | + | reduced fee, to an injured, sick or diseased animal as a direct result of a 429 |
---|
| 525 | + | contract described in section 22-332e shall be held civilly liable for the 430 |
---|
| 526 | + | provision of such treatment unless such actions are performed in a 431 |
---|
| 527 | + | wilful, wanton or reckless manner. 432 |
---|
| 528 | + | Sec. 8. Section 22-344f of the general statutes is repealed and the 433 |
---|
| 529 | + | following is substituted in lieu thereof (Effective from passage): 434 |
---|
| 530 | + | (a) Any animal importer and any person who operates or maintains 435 |
---|
| 531 | + | an animal shelter, as defined in section 22-344, shall, not later than forty-436 |
---|
| 532 | + | eight hours after importing any dog or cat into this state and prior to the 437 |
---|
| 533 | + | sale, adoption or transfer of such dog or cat to any person, provide for 438 |
---|
| 534 | + | the examination of such dog or cat by a veterinarian licensed under 439 |
---|
| 535 | + | chapter 384. Thereafter, such animal importer or person who operates 440 |
---|
| 536 | + | or maintains an animal shelter shall provide for the examination of such 441 |
---|
| 537 | + | dog or cat by a veterinarian licensed under chapter 384 every ninety 442 |
---|
| 538 | + | days until such dog or cat is sold, adopted or transferred, provided no 443 |
---|
| 539 | + | such dog or cat shall be sold, adopted or transferred to another person 444 |
---|
| 540 | + | by an animal importer or person who operates or maintains an animal 445 |
---|
| 541 | + | shelter unless (1) such dog or cat was examined by a veterinarian 446 |
---|
| 542 | + | licensed under chapter 384 not more than fifteen days prior to the sale, 447 Substitute Bill No. 6504 |
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| 543 | + | |
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| 544 | + | |
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| 545 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06504- |
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| 546 | + | R01-HB.docx } |
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| 547 | + | 15 of 18 |
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| 548 | + | |
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| 549 | + | adoption or transfer of such dog or cat, and (2) such veterinarian 448 |
---|
| 550 | + | provides such animal importer or person who operates or maintains an 449 |
---|
| 551 | + | animal shelter with a written certificate stating that such dog or cat is 450 |
---|
| 552 | + | free of any symptoms of any illness, infectious, contagious or 451 |
---|
| 553 | + | communicable disease. Such certificate shall list the name, address and 452 |
---|
| 554 | + | contact information of such animal importer or person who operates or 453 |
---|
| 555 | + | maintains an animal shelter. Any animal importer or person who 454 |
---|
| 556 | + | operates or maintains an animal shelter who violates the provisions of 455 |
---|
| 557 | + | this subsection shall be fined [not more than five hundred dollars for 456 |
---|
| 558 | + | each animal that is the subject of such violation] for a first violation, two 457 |
---|
| 559 | + | hundred fifty dollars for each animal that is the subject of such violation, 458 |
---|
| 560 | + | and for any subsequent violation, five hundred dollars for each animal 459 |
---|
| 561 | + | that is the subject of such violation. 460 |
---|
| 562 | + | (b) Each animal importer and each person who operates or maintains 461 |
---|
| 563 | + | an animal shelter shall maintain a record of the veterinary services 462 |
---|
| 564 | + | rendered to each dog or cat imported into this state by such animal 463 |
---|
| 565 | + | importer or person. Such record shall be maintained by such animal 464 |
---|
| 566 | + | importer or person for a period of three years. Any animal importer or 465 |
---|
| 567 | + | such person who violates the provisions of this subsection shall be fined 466 |
---|
| 568 | + | [five hundred dollars] two hundred fifty dollars for a first violation and 467 |
---|
| 569 | + | five hundred dollars for any subsequent violation. 468 |
---|
| 570 | + | Sec. 9. Section 22-345 of the general statutes is repealed and the 469 |
---|
| 571 | + | following is substituted in lieu thereof (Effective from passage): 470 |
---|
| 572 | + | Any [blind, deaf or mobility impaired] person with a disability who 471 |
---|
| 573 | + | is the owner or keeper of a dog [which has been trained and educated 472 |
---|
| 574 | + | to guide and assist such person in traveling upon the public streets or 473 |
---|
| 575 | + | highways or otherwise] that is a service animal shall receive a license 474 |
---|
| 576 | + | and tag for such [dog] service animal from the town clerk of the town 475 |
---|
| 577 | + | where such [dog] service animal is owned or kept. Such license and tag 476 |
---|
| 578 | + | shall be issued in accordance with the provisions of section 22-340, and 477 |
---|
| 579 | + | no fee shall be required of the owner or keeper of any such [dog] service 478 |
---|
| 580 | + | animal. [When any such dog has not been previously licensed by the 479 |
---|
| 581 | + | town clerk to whom application is being made, such town clerk shall not 480 Substitute Bill No. 6504 |
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| 582 | + | |
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| 583 | + | |
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| 584 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06504- |
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| 585 | + | R01-HB.docx } |
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| 586 | + | 16 of 18 |
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| 587 | + | |
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| 588 | + | license such dog or issue to the owner a license and tag unless written 481 |
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| 589 | + | evidence is exhibited to such clerk that the dog is trained and educated 482 |
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| 590 | + | and intended in fact to perform such guide service for such applicant.] 483 |
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| 591 | + | Any person who has a dog that is a service animal placed with such 484 |
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| 592 | + | person temporarily, including for breeding purposes, by a nonprofit 485 |
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| 593 | + | organization established for the purpose of training or educating [guide 486 |
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| 594 | + | dogs to so assist blind, deaf or mobility impaired persons] service 487 |
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| 595 | + | animals shall receive a license and tag for such [dog] service animal from 488 |
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| 596 | + | the town clerk of the town where such [dog] service animal is kept. Such 489 |
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| 597 | + | license and tag shall be issued in accordance with the provisions of 490 |
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| 598 | + | section 22-340, and no fee shall be required for such license and tag, 491 |
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| 599 | + | provided such person presents written evidence that such [dog] service 492 |
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| 600 | + | animal was placed with such person by such organization. [As used in 493 |
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| 601 | + | this section and section 46a-44, "deaf person" means a person who 494 |
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| 602 | + | cannot readily understand spoken language through hearing alone and 495 |
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| 603 | + | who may also have a speech defect which renders such person's speech 496 |
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| 604 | + | unintelligible to most people with normal hearing.] 497 |
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| 605 | + | Sec. 10. Section 22-364b of the general statutes is repealed and the 498 |
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| 606 | + | following is substituted in lieu thereof (Effective from passage): 499 |
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| 607 | + | The owner or keeper of a dog shall restrain and control such dog on 500 |
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| 608 | + | a leash when such dog is not on the property of its owner or keeper and 501 |
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| 609 | + | is in proximity to a [blind, deaf or mobility impaired] person with a 502 |
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| 610 | + | disability who is accompanied by [his guide dog] a service animal, 503 |
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| 611 | + | provided the [guide dog] service animal is: [in] (1) In the direct custody 504 |
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| 612 | + | of such [blind, deaf or mobility impaired] person, (2) is wearing a 505 |
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| 613 | + | harness, vest or [an orange-colored] leash and collar which makes it 506 |
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| 614 | + | readily-identifiable as a [guide dog] service animal, and (3) is licensed 507 |
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| 615 | + | in accordance with section 22-345, as amended by this act. Any person 508 |
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| 616 | + | who violates the provisions of this section shall have committed an 509 |
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| 617 | + | infraction. If an owner or keeper of a dog violates the provisions of this 510 |
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| 618 | + | section and, as a result of such violation, such dog attacks and injures 511 |
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| 619 | + | the [guide dog] service animal, such owner or keeper shall be liable, as 512 |
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| 620 | + | provided in section 22-357, for any damage done to such [guide dog] 513 Substitute Bill No. 6504 |
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| 621 | + | |
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| 622 | + | |
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| 623 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06504- |
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| 624 | + | R01-HB.docx } |
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| 625 | + | 17 of 18 |
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| 626 | + | |
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| 627 | + | service animal, and such liability shall include liability for any costs 514 |
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| 628 | + | incurred by such [blind, deaf or mobility-impaired] person with a 515 |
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| 629 | + | disability for the veterinary care, rehabilitation or replacement of the 516 |
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| 630 | + | injured [guide dog] service animal and for reasonable attorney's fees. 517 |
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| 631 | + | Sec. 11. (NEW) (Effective from passage) Notwithstanding any provision 518 |
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| 632 | + | of chapter 435 of the general statutes, the Commissioner of Agriculture 519 |
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| 633 | + | shall develop a waiver request process and form for the owner, keeper 520 |
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| 634 | + | or veterinarian for any animal that was attacked and that may have been 521 |
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| 635 | + | exposed to rabies as a result of such attack to request a reduction of the 522 |
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| 636 | + | requisite quarantine period for such animal from six months to four 523 |
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| 637 | + | months if such owner, keeper or veterinarian submits proof with such 524 |
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| 638 | + | waiver request that such animal was vaccinated for rabies not more than 525 |
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| 639 | + | ninety-six hours after such attack. Such waiver request process and form 526 |
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| 640 | + | shall be: (1) Posted on the Internet web site of the Department of 527 |
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| 641 | + | Agriculture, (2) made publicly available and accessible, and (3) made 528 |
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| 642 | + | known to veterinarians throughout the state by said department. 529 |
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| 643 | + | Sec. 12. Subsection (b) of section 22-380g of the general statutes is 530 |
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| 644 | + | repealed and the following is substituted in lieu thereof (Effective October 531 |
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| 645 | + | 31, 2021): 532 |
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| 646 | + | (b) Not more than [ten] twenty per cent of the funds deposited in the 533 |
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| 647 | + | animal population control account in accordance with subsection (f) of 534 |
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| 648 | + | section 14-21h, subsection (a) of section 22-338, section 22-380f and 535 |
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| 649 | + | section 22-380l shall be used for the sterilization and vaccination of feral 536 |
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| 650 | + | cats program in accordance with subdivision (4) of subsection (a) of this 537 |
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| 651 | + | section. 538 |
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| 652 | + | Sec. 13. Subsection (a) of section 22-380i of the general statutes is 539 |
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| 653 | + | repealed and the following is substituted in lieu thereof (Effective October 540 |
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| 654 | + | 31, 2021): 541 |
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| 655 | + | (a) The program established under section 22-380g, as amended by 542 |
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| 656 | + | this act, shall provide for payment to any participating veterinarian of 543 |
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| 657 | + | an amount equivalent to the voucher issued pursuant to section 22-380f 544 Substitute Bill No. 6504 |
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| 658 | + | |
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| 659 | + | |
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| 660 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06504- |
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| 661 | + | R01-HB.docx } |
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| 662 | + | 18 of 18 |
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| 663 | + | |
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| 664 | + | for each animal sterilization and vaccinations, coincident with 545 |
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| 665 | + | sterilization, performed by such veterinarian upon a dog or cat owned 546 |
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| 666 | + | by an eligible owner. For a sterilization procedure, [such voucher shall 547 |
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| 667 | + | be in the amount of one hundred twenty dollars for a female dog, one 548 |
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| 668 | + | hundred dollars for a male dog, seventy dollars for a female cat and fifty 549 |
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| 669 | + | dollars for a male cat] the Commissioner of Agriculture shall establish a 550 |
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| 670 | + | rate of reimbursement that is not more than seventy-five per cent of the 551 |
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| 671 | + | market rate or the fee charged by veterinarians in the state as of October 552 |
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| 672 | + | 31, 2021. In the case of a sterilization fee exceeding the amount of the 553 |
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| 673 | + | voucher, the eligible owner shall pay the participating veterinarian the 554 |
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| 674 | + | difference between such fee and the amount of the voucher. Such 555 |
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| 675 | + | voucher shall be in the amount of [twenty] thirty dollars, in addition to 556 |
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| 676 | + | the amount designated for sterilization, for vaccinations coincident with 557 |
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| 677 | + | the sterilization of a dog or cat owned by an eligible owner. 558 |
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| 678 | + | This act shall take effect as follows and shall amend the following |
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| 679 | + | sections: |
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| 680 | + | |
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| 681 | + | Section 1 from passage 22-327(10) |
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| 682 | + | Sec. 2 from passage 22-327 |
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| 683 | + | Sec. 3 from passage 22-329 |
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| 684 | + | Sec. 4 from passage 22-329a |
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| 685 | + | Sec. 5 from passage 22-331 |
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| 686 | + | Sec. 6 from passage 22-331a |
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| 687 | + | Sec. 7 from passage 22-332 |
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| 688 | + | Sec. 8 from passage 22-344f |
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| 689 | + | Sec. 9 from passage 22-345 |
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| 690 | + | Sec. 10 from passage 22-364b |
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| 691 | + | Sec. 11 from passage New section |
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| 692 | + | Sec. 12 October 31, 2021 22-380g(b) |
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| 693 | + | Sec. 13 October 31, 2021 22-380i(a) |
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| 694 | + | |
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| 695 | + | ENV Joint Favorable Subst. |
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