Researcher: JKL Page 1 5/17/23
OLR Bill Analysis
sSB 1069 (File 556, as amended by Senate "A")*
AN ACT CONCERNING REVISIONS TO CERTAIN DOMESTIC
ANIMAL RELATED STATUTES.
TABLE OF CONTENTS:
SUMMARY
§ 1 — NEGLECTED OR CRUELLY TREATED ANIMA LS
Allows animal control officers to get court orders requiring an animal’s owner to provide
necessary care for the animal; increases the cash bond amount required when the animal is
given to another temporarily; increases the per diem rate an animal’s owner must pay to
cover the cost of the temporary care
§ 2 — MUNICIPAL ACO REPORTING
Requires municipal ACOs to report monthly to the Department of Agriculture and the
town’s or region’s chief administrative officer on the official duties and services performed
in the prior month; eliminates obsolete language about how ACOs are paid
§ 3 — LOCAL KENNEL LICENSE
Renames a kennel license as a “local kennel license”; requires this license when breeding
more than five, instead of two, litters annually; disqualifies anyone who is guilty of animal
cruelty from holding a local kennel license; directs how municipalities may spend the local
kennel license fees they collect; requires municipal and regional ACOs to inspect kennels
annually; generally reduces penalties related to violating kennel requirements; adds a
penalty for not complying with an ACO’s orders
§ 4 — BUSINESS ENTITY LICENSES AND REGISTRATIONS
Disqualifies anyone who is guilty of animal cruelty from holding certain licenses; allows
the DoAg commissioner to refuse to issue or renew a license or registration for not
complying with relevant laws, regulations, and orders
§ 5 — ENFORCEMENT OF THE PET LEMON LAW AND PET SHOP
VETERINARY RECORDS
Gives a consumer standing to bring a lawsuit in Superior Court against a pet shop
licensee that fails to comply with the state’s pet lemon law; eliminates a fine for the same
failure; allows a pet shop licensee to keep electronic or paper records of veterinary services
given to dogs and cats offered for sale
§ 7 — HEALTH CERTIFICATES FOR IMPORTED CATS AND DOGS
Requires the veterinarians who issue health certificates for imported cats and dogs be
accredited by the U.S. Department of Agriculture
§ 8 — RABIES 2023SB-01069-R01-BA.DOCX
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Makes numerous changes in the statutes related to rabies, such as allowing the DoAg
commissioner or his designee to order rabies testing; increasing the penalty for violating a
rabies-related order; requiring suspected or confirmed cases of rabies to be reported to the
state veterinarian within 24 hours; and requiring the owner or keeper of an animal that is
seized for failure to abide by a quarantine order to pay all costs associated with the
animal’s seizure and care before reclaiming the animal
§ 9 — SERVICE ANIMALS
Updates language by replacing the term “guide dogs” with “service animals” to conform
with federal law
§ 10 — GENERAL PENALTY AND ENFORCEMENT
Applies the general penalty under Chapter 435 of the general statues to violations of
related regulations instead of those specific to restraining or destroying cats and dogs;
provides that ACOs must enforce the chapter’s provisions and removes the requirements
that constables do so; eliminates a requirement that the DoAg commissioner take
enforcement action when an ACO is negligent in his or her duties
§ 11 — ANIMAL POPULATION CONTROL PROGRAM
Requires the DoAg commissioner to update the veterinarian reimbursement payment
levels under the program biennially
§§ 6, 12 & 13 — REPEALED STATUTES AND TECHNICAL AND
CONFORMING CHANGES
Repeals statutes related to (1) municipal licensing for keeping 10 or more dogs capable of
breeding, (2) DoAg setting standards of care for those dogs and cats in a breeding cattery,
and (3) allocating a portion of dog license fees to UConn for canine disease research; makes
related technical and conforming changes
SUMMARY
This bill makes numerous changes in the domestic animal statutes, as
summarized in the section-by-section analysis below.
*Senate Amendment “A” replaces provisions on breeding kennel
facility licenses with those for local kennel licenses (§ 3). In doing so, it
increases the threshold for when a person must get a license from
breeding more than two litters of dogs annually to more than five litters
annually. It also directs how municipalities must spend local kennel
license fees and requires local animal control officers to inspect kennels.
Lastly, the amendment makes technical and conforming changes (§§ 5
& 9).
EFFECTIVE DATE: Upon passage unless otherwise specified below.
§ 1 — NEGLECTED OR CRUELLY TREATED ANIMA LS 2023SB-01069-R01-BA.DOCX
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Allows animal control officers to get court orders requiring an animal’s owner to provide
necessary care for the animal; increases the cash bond amount required when the animal is
given to another temporarily; increases the per diem rate an animal’s owner must pay to
cover the cost of the temporary care
The bill allows animal control officers (ACOs), when an animal is
found to be neglected or cruelly treated, to seek a court order to require
the animal’s owner to provide necessary care for the animal. This would
be an option in addition to other court orders ACOs may already request
by law (e.g., removal and temporary care and custody).
Under current law, when a court orders an animal to be temporarily
placed with another person or agency, the animal’s owner must either
relinquish the animal or post a surety or cash bond of $500 with the
person or agency in whom the animal’s temporary care and custody was
vested. The bill eliminates the surety bond option and instead requires
a $1,000 cash bond, which may be posted with the person, agency, or the
agency’s counsel of record in the case.
By law, if the court finds an animal is neglected or cruelly treated, the
animal’s owner, or other person responsible for the animal, must pay
for the expenses incurred by the state, a municipality, or other person or
agency for the animal’s temporary care and custody. The bill increases
the per diem rate that the person must pay. Currently, the law requires
the amount owed to be calculated at a per animal per day rate of $15, or
$25 if the animal is a horse or other large livestock. The bill increases
these amounts to $20 and $30, respectively.
In addition, the bill requires the animal’s owner or other responsible
person to pay for all veterinary costs incurred for the welfare of the
animal while in temporary custody. Under current law, those costs must
be paid for if they are not otherwise covered by the per diem rate.
§ 2 — MUNICIPAL ACO REPORTING
Requires municipal ACOs to report monthly to the Department of Agriculture and the
town’s or region’s chief administrative officer on the official duties and services performed
in the prior month; eliminates obsolete language about how ACOs are paid
The bill requires municipal ACOs to report monthly, by the 10th day,
to the Department of Agriculture (DoAg) and the chief administrative
officer for the town or region where services were rendered on the 2023SB-01069-R01-BA.DOCX
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official duties and services they performed in the prior month. The
DoAg commissioner must prescribe the forms for the reporting.
The bill also eliminates the requirement that ACOs file sworn
statements with their monthly report. Currently, ACOs must file their
sworn statements and reports with the chief administrative officer, who
then forwards them to DoAg.
Additionally, the bill removes obsolete language about ACOs being
paid based on the number of dogs they handled in the prior month.
§ 3 — LOCAL KENNEL LICENSE
Renames a kennel license as a “local kennel license”; requires this license when breeding
more than five, instead of two, litters annually; disqualifies anyone who is guilty of animal
cruelty from holding a local kennel license; directs how municipalities may spend the local
kennel license fees they collect; requires municipal and regional ACOs to inspect kennels
annually; generally reduces penalties related to violating kennel requirements; adds a
penalty for not complying with an ACO’s orders
License Eligibility
The bill renames a kennel license as a “local kennel license.” Under
current law, a person who owns or keeps dogs and who breeds more
than two litters of dogs a year must apply to their town clerk for a
license, while a person who breeds up to two litters a year may apply
for a license. The bill increases this threshold from more than two litters
to more than five litters. It also makes any person, and any business
entity with a person with a controlling interest, who is found guilty of
violating certain animal cruelty statutes (i.e., CGS §§ 53-247, 53-248 &
53-249) ineligible to hold a local kennel license.
License Fees
By law, each annual local kennel license fee is $50 when up to 10 dogs
are kept in the kennel and $100 when more than 10 dogs are kept. If the
kennel owner or keeper does not get a license by June 30 annually, he or
she must pay $1 for each dog kept in addition to the license fee. The bill
specifies that these fees are nonreturnable.
The bill also sets out how a municipality must spend the collected
fees. Specifically, a municipality can only use the fees for the following
purposes: municipal ACO compensation and equipment, license 2023SB-01069-R01-BA.DOCX
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certificates, tags, dog pound construction and maintenance, impounded
animals’ detention and care, animal supplies, and veterinary fees.
Facility Inspections and ACO Orders
The bill requires municipal and regional ACOs to inspect each kennel
annually and after receiving a complaint about the kennel. An
inspection must include a review of (1) the sanitary conditions in which
the dogs are kept; (2) the dogs’ access to proper and wholesome food,
potable water, exercise, and necessary veterinary care, including rabies
vaccinations; and (3) records of veterinary care and the transfer of dogs
or puppies to new owners.
The bill requires that any crate or enclosure used at a facility to keep
a dog in for more than four hours must be clean; in good repair; and of
sufficient size so that the dog can stand, sit, lie down, turn around, and
make normal postural movements.
The ACO may issue orders to correct any deficiencies found during
an inspection. If the ACO suspects a communicable or infectious
disease, the ACO may order the licensee to consult a Connecticut-
licensed veterinarian at their own expense to address the suspected
health condition. The licensee must implement any ACO orders and
follow the veterinarian’s recommendations.
Under the bill, a person aggrieved by any related ACO orders may
appeal to the Superior Court of the judicial district where the
municipality is located, but must do so within 15 days after the order’s
date.
Penalties
The bill authorizes the municipality to suspend, revoke, or refuse to
issue a local kennel license for cause.
Currently, anyone operating a kennel after their license was revoked
or suspended is guilty of a class B misdemeanor (punishable by up to
six months in prison, a fine of up to $1,000, or both). The bill reduces the
penalty to a class D misdemeanor (punishable by up to 30 days in
prison, a fine of up to $250, or both). 2023SB-01069-R01-BA.DOCX
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Additionally, it reduces the penalty, from a class B misdemeanor to
an infraction for a first offense and a class D misdemeanor for a
subsequent offense, for failing to (1) get a local kennel license when
required or (2) allow an inspection of the facility. The bill also extends
the same penalty to failing to comply with an ACO’s order.
§ 4 — BUSINESS ENTITY LICENSES AND REGISTRATIONS
Disqualifies anyone who is guilty of animal cruelty from holding certain licenses; allows
the DoAg commissioner to refuse to issue or renew a license or registration for not
complying with relevant laws, regulations, and orders
The bill makes any person, and any business entity with a person
with a controlling interest, who is found guilty of animal cruelty
ineligible to hold a commercial kennel, pet shop, grooming facility, or
training facility license.
By law, the DoAg commissioner may re voke or suspend a
commercial kennel, pet shop, grooming facility, or training facility
license or an animal shelter registration for failure to comply with state
laws and regulations and commissioner orders. The bill also authorizes
him to refuse to issue or renew a license or registration for the same
reasons.
The bill specifies that any individual or private entity (rather than any
person) that wants to operate an animal shelter must register the shelter
with the DoAg commissioner and comply with applicable laws and
regulations.
§ 5 — ENFORCEMENT OF THE PET LEMON LAW A ND PET SHOP
VETERINARY RECORDS
Gives a consumer standing to bring a lawsuit in Superior Court against a pet shop
licensee that fails to comply with the state’s pet lemon law; eliminates a fine for the same
failure; allows a pet shop licensee to keep electronic or paper records of veterinary services
given to dogs and cats offered for sale
Pet Lemon Law Enforcement
Under current law, if a pet shop licensee fails to reimburse a
consumer in accordance with the state’s pet lemon law (see Background),
the consumer may seek help from the DoAg commissioner. The bill
eliminates this assistance and, instead, gives the consumer standing to
bring a lawsuit in Superior Court for enforcement action, if a licensee 2023SB-01069-R01-BA.DOCX
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fails to reimburse or replace an animal as required under the pet lemon
law.
Currently, a licensee who violates the pet lemon law is fined up to
$500. The bill eliminates the statutory fine.
Pet Shop Veterinary Records
The bill allows pet shop licensees to maintain either electronic or
paper records of veterinary services provided for dogs and cats offered
for sale. By law, they must have a licensed veterinarian examine each
dog or cat every 15 days until the animal is sold and keep the exam
records. Under existing law, unchanged by the bill, a violator is subject
to a fine of up to $500.
EFFECTIVE DATE: July 1, 2023
Background — Pet Lemon Law
By law, a pet shop licensee must reimburse a customer for
veterinarian expenses incurred for a dog or cat that within (1) 20 days
after sale, becomes ill or dies of an illness that it had at the time of sale
or (2) six months after sale, is diagnosed with a congenital defect that
adversely affects its health. The law requires the licensee to reimburse
the value of the actual veterinarian services and medications given to
the animal, but the reimbursement is limited to (1) the purchase price of
the animal if it was purchased for $500 or more and (2) $500 if the animal
was purchased for less than $500. At the customer’s option, the pet shop
licensee must instead replace the animal or refund the animal’s
purchase price.
§ 7 — HEALTH CERTIFICATES FOR IMPORTED C ATS AND DOGS
Requires the veterinarians who issue health certificates for imported cats and dogs be
accredited by the U.S. Department of Agriculture
By law, cats and dogs imported into the state must come with a health
certificate stating that they are free of any infectious, contagious, or
communicable disease and, for any over three months old, vaccinated
for rabies. Current law requires a licensed, graduate veterinarian to
issue the health certificates. The bill requires that the veterinarian be
accredited by the U.S. Department of Agriculture. 2023SB-01069-R01-BA.DOCX
Researcher: JKL Page 8 5/17/23
EFFECTIVE DATE: July 1, 2023
§ 8 — RABIES
Makes numerous changes in the statutes related to rabies, such as allowing the DoAg
commissioner or his designee to order rabies testing; increasing the penalty for violating a
rabies-related order; requiring suspected or confirmed cases of rabies to be reported to the
state veterinarian within 24 hours; and requiring the owner or keeper of an animal that is
seized for failure to abide by a quarantine order to pay all costs associated with the
animal’s seizure and care before reclaiming the animal
DoAg Orders
By law, the DoAg commissioner may order an animal to be confined,
controlled, or destroyed to prevent the spread of rabies and protect the
public. The bill also allows him to order an animal to be tested for rabies
and quarantined and allows his designee to make any of these orders on
his behalf.
Under current law, anyone who violates an order is subject to a fine
of up to $100. The bill instead subjects a violator to a $250 fine.
Reports of Rabies
Currently, local health directors or boards and veterinarians must
report a suspected or confirmed rabies case to the DoAg commissioner
within 24 hours. The bill instead requires an ACO, diagnostic lab, local
health director, or veterinarian to report this information to the state
veterinarian in the same timeframe.
Biting and Attacking Animals
By law, ACOs may quarantine (for 10 days) a dog, cat, or ferret that
bites or attacks a person or another animal to watch for signs of rabies.
The law also requires the state veterinarian to determine the
management, confinement, quarantine, or disposition of a biting or
attacking animal other than a dog, cat, or ferret. When making her
decisions, the state veterinarian must consider the animal’s age, health,
rabies vaccination status, and national recommendations for preventing
and controlling rabies. The bill also requires her to consider the rabies
vaccination status of the animal bitten or attacked.
Quarantined Animal With Rabies
Under current law, any quarantined animal that is clinically 2023SB-01069-R01-BA.DOCX
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diagnosed as rabid by two veterinarians, including one in private
practice, must be humanely euthanized. The bill instead requires one
veterinarian or the state veterinarian to make the diagnosis before
euthanizing the animal. By law, the euthanasia must happen
immediately without prior notice to the animal’s owner or keeper, and
the veterinarian carrying it out is immune from criminal and civil
liability.
The bill requires the Department of Public Health (DPH) laboratory,
or a DPH-authorized lab, to examine the euthanized animal for rabies.
The veterinarian performing the euthanasia must make sure that the
animal’s head is brought to the appropriate lab for examination within
48 hours after the animal is euthanized.
Quarantined Animal in Good Health
Under current law, when a quarantined animal, other than a dog, is
found to be healthy at the end of the quarantine period but its owner or
keeper has not claimed the animal within that time, a municipal ACO
may sell the animal to someone who will give it a good home and proper
care. The bill instead allows a municipal or regional ACO to sell or give
away the animal if its owner or keeper has not claimed it within five
days after the quarantine period ended. As under current law, if the
animal is not sold after this time, it may be disposed of at the state
veterinarian’s direction, and no one will be held criminally or civilly
liable for this action.
Wild Animal Suspected of Being Rabid
Under current law, the DoAg commissioner, an ACO, or a state or
municipal police officer may immediately kill a wild animal that
displays behavior that causes the commissioner to reasonably conclude
that the animal is rabid. The bill instead allows an ACO or a state or
municipal police officer to kill a wild animal if the DoAg commissioner,
state veterinarian, an ACO, or a state or municipal police officer
reasonably concludes the animal is rabid.
Failure to Comply With a Quarantine or Confinement Order
The bill allows an animal subject to a quarantine or confinement 2023SB-01069-R01-BA.DOCX
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order whose owner or keeper does not comply with the order to be
seized by an ACO and held in quarantine until it is over and the animal
is examined by a veterinarian. The owner or keeper who failed to
comply with the order must pay all resulting costs, including the costs
of seizure, care, handling, veterinary examination, and rabies
vaccination, before the animal is released to him or her.
§ 9 — SERVICE ANIMALS
Updates language by replacing the term “guide dogs” with “service animals” to conform
with federal law
Under current law, a dog owner or keeper must restrain their dog
when they are near a person with a disability who is with a guide dog
that is licensed, under the person’s control, and wearing a harness or
orange leash and collar that readily identifies the dog as a guide dog. A
violation is an infraction.
The bill replaces the term “guide dog” with “service animal.” It also
eliminates the requirement that the animal wear a harness or orange
leash and collar, but still requires the animal to be readily identified as
a service animal.
Under existing law, unchanged by the bill, if a dog attacks and injures
a guide dog (“service animal” under the bill), the dog’s owner or keeper
is liable for damages, including the cost of veterinary care, rehabilitation
or replacement of the injured animal, and reasonable attorney fees.
§ 10 — GENERAL PENAL TY AND ENFORCEMENT
Applies the general penalty under Chapter 435 of the general statues to violations of
related regulations instead of those specific to restraining or destroying cats and dogs;
provides that ACOs must enforce the chapter’s provisions and removes the requirements
that constables do so; eliminates a requirement that the DoAg commissioner take
enforcement action when an ACO is negligent in his or her duties
General Penalty
When a person owning, keeping, or harboring a cat or dog or
maintaining a kennel or commercial kennel violates a provision of
Chapter 435 of the general statutes (i.e., laws related to companion
animals) or a regulation about restraining or destroying cats or dogs, for
which no other penalty is specified, a general penalty is imposed. The 2023SB-01069-R01-BA.DOCX
Researcher: JKL Page 11 5/17/23
penalty is a fine of at least $250, up to 30 days in prison, or both. The bill
applies the general penalty to a violation of any related regulation, not
just those on restraining or destroying cats or dogs.
Enforcement
Under current law, any of the following people may investigate and
prosecute violations of the chapter: constables, any ACO, the state’s
chief ACO, and any prosecuting officers. The bill instead requires any
ACO or the chief ACO to investigate and prosecute violations.
Additionally, the bill eliminates a requirement that the DoAg
commissioner take any necessary enforcement action upon getting a
complaint that an ACO is negligent in his or her enforcement duties.
§ 11 — ANIMAL POPULATION CONTROL PROGRAM
Requires the DoAg commissioner to update the veterinarian reimbursement payment
levels under the program biennially
PA 21-90 required the DoAg commissioner to update the
reimbursement amount paid to veterinarians participating in the
Animal Population Control Program. It required the commissioner to
set a reimbursement rate that is up to 75% of the market rate or fee
charged by veterinarians in Connecticut as of October 31, 2021. The bill
instead requires him to set this reimbursement rate biennially.
Background — Animal Population Control Program
This DoAg program (1) gives low-income Connecticut residents
discounted sterilization and vaccination options for their dogs and cats
and (2) helps registered nonprofit rescue groups with the sterilization
and vaccination of feral cats. The DoAg commissioner uses the animal
population control account for the program’s costs. The account funds
come from a surcharge on dog licenses, certain animal adoption fees for
unsterilized cats and dogs, and proceeds from commemorative “Caring
for Pets” license plates.
§§ 6, 12 & 13 — REPEALED STATUTES AND TE CHNICAL AND
CONFORMING CHANGES
Repeals statutes related to (1) municipal licensing for keeping 10 or more dogs capable of
breeding, (2) DoAg setting standards of care for those dogs and cats in a breeding cattery, 2023SB-01069-R01-BA.DOCX
Researcher: JKL Page 12 5/17/23
and (3) allocating a portion of dog license fees to UConn for canine disease research; makes
related technical and conforming changes
The bill makes technical and conforming changes, including
removing references to the following statutes that the bill repeals:
1. CGS § 22-344c, which allows towns to require a license in order
to keep 10 or more unneutered or unspayed dogs capable of
breeding and requires the DoAg commissioner to prescribe the
standard of care to be provided to those dogs and any cats in a
breeding cattery and
2. CGS § 22-348, which allocates $0.10 from each dog license fee to
UConn for canine disease research.
Background — Related Bill
sHB 6611 (File 160), favorably reported by the Environment
Committee, also repeals CGS § 22-348 but as of June 1, 2024.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 33 Nay 0 (03/24/2023)
Judiciary Committee
Joint Favorable
Yea 33 Nay 0 (05/03/2023)