Connecticut 2023 2023 Regular Session

Connecticut Senate Bill SB01069 Comm Sub / Analysis

Filed 09/18/2023

                    O F F I C E O F L E G I S L A T I V E R E S E A R C H 
P U B L I C A C T S U M M A R Y 
 
  	Page 1 
PA 23-17—sSB 1069 
Environment Committee 
Judiciary Committee 
 
AN ACT CONCERNING RE VISIONS TO CERTAIN DOMESTIC ANIMAL 
RELATED STATUTES 
 
TABLE OF CONTENTS: 
§ 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 a person breeds 
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; 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 to be 
accredited by the U.S. Department of Agriculture 
§ 8 — RABIES  O L R P U B L I C A C T S U M M A R Y 
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Makes numerous changes in the statutes related to rabies, such as allowing the DoAg 
commissioner to order rabies testing; increasing the penalty for violating a rabies-related order; 
requiring suspected or confirmed rabies cases to be reported to the state veterinarian within 24 
hours; and requiring the owner or keeper of an animal seized for failure to abide by a quarantine 
order to pay costs of seizure and care 
§ 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 a general penalty under state law to violations of any companion animal-related 
regulation instead of just those specific to restraining or destroying cats and dogs; provides that 
ACOs must enforce the chapter’s provisions and not constables; 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 breeding dogs, (2) 
standards of care for dogs and cats in a breeding cattery, and (3) the allocation of some dog 
license fees to UConn for canine disease research; makes related technical and conforming 
changes 
 
SUMMARY: This act makes numerous changes in the domestic animal statutes as 
summarized in the section-by-section analysis below. 
EFFECTIVE DATE: Upon passage unless otherwise specified below. 
 
§ 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 
 
The act 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 is an option in addition to other court 
orders ACOs may already request by law (e.g., removal and temporary care and 
custody).  
Under prior law, when a court ordered an animal to be temporarily placed with 
another person or agency, the animal’s owner had to 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 act 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.   O L R P U B L I C A C T S U M M A R Y 
 	Page 3 of 9  
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 act increases the per diem rate that the person 
must pay. Previously, the law required the amount owed to be calculated at a per-
animal, per-day rate of $15, or $25 if the animal was a horse or other large livestock. 
The act increases these amounts to $20 and $30, respectively. 
In addition, the act 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 prior law, those costs had to be paid for if they were 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 act 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 official duties and services they 
performed in the prior month. The DoAg commissioner must prescribe the forms 
for the reporting.  
The act also eliminates the requirement that ACOs file sworn statements with 
their monthly report. Previously, ACOs had to file their sworn statements and 
reports with the chief administrative officer, who then forwarded them to DoAg. 
Additionally, the act 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 a person breeds 
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; generally reduces penalties related to violating kennel requirements; adds a 
penalty for not complying with an ACO’s orders 
 
License Eligibility 
 
The act renames a kennel license as a “local kennel license.” Under prior law, 
a person who owned or kept dogs and bred more than two litters of dogs a year had 
to apply to their town clerk for a license, while a person who bred up to two litters 
a year could optionally apply for a license. The act 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. 
  O L R P U B L I C A C T S U M M A R Y 
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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 act specifies that these fees are 
nonreturnable. 
The act also sets out how a municipality must spend the collected fees. 
Specifically, a municipality may only use the fees for the following purposes: 
municipal ACO compensation and equipment, license certificates, tags, dog pound 
construction and maintenance, impounded animals’ detention and care, animal 
supplies, and veterinary fees. 
 
Facility Inspections and ACO Orders 
 
The act requires municipal and regional ACOs to inspect each kennel annually 
and after receiving a complaint about the kennel. (PA 23-187, § 28, instead allows, 
rather than requires, the ACOs to inspect local dog kennels annually and upon 
receiving a complaint beginning July 1, 2023.) An inspection must include a review 
of the (1) sanitary conditions in which the dogs are kept; (2) dogs’ access to proper 
and wholesome food, potable water, exercise, and necessary veterinary care, 
including rabies vaccinations; and (3) records of veterinary care and transfer of 
dogs or puppies to new owners. 
The act requires that any crate or enclosure in which a dog is kept for more than 
four hours at a facility 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 his or her 
own expense to address the suspected health condition. The licensee must 
implement any ACO orders and follow the veterinarian’s recommendations.  
Under the act, 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 act authorizes the municipality to suspend, revoke, or refuse to issue a local 
kennel license for cause.  
Under prior law, anyone operating a kennel after their license was revoked or 
suspended was guilty of a class B misdemeanor. The act reduces the penalty to a 
class D misdemeanor (see Table on Penalties).  
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 act extends these same penalties to failure to comply with an  O L R P U B L I C A C T S U M M A R Y 
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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 act makes any person who is, and any business entity whose person with a 
controlling interest is, guilty of animal cruelty ineligible to hold a commercial 
kennel, pet shop, grooming facility, or training facility license.   
By law, the DoAg commissioner may revoke 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 act also authorizes him to refuse to issue or renew a license or 
registration for the same reasons. 
The act 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 AND PET SHO P 
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 prior law, if a pet shop licensee failed to reimburse a consumer in 
accordance with the state’s pet lemon law (see Background — Pet Lemon Law), the 
consumer could seek help from the DoAg commissioner. The act eliminates this 
assistance and, instead, gives the consumer standing to bring a lawsuit in Superior 
Court for enforcement action, if a licensee fails to reimburse or replace an animal 
as required under the pet lemon law. 
Previously, a licensee who violated the pet lemon law was fined up to $500. 
The act eliminates the statutory fine. 
 
Pet Shop Veterinary Records 
 
The act allows pet shop licensees to maintain either electronic or paper records 
of veterinary examinations and 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 act, a violator is subject to a fine of up to $500. 
EFFECTIVE DATE: July 1, 2023 
  O L R P U B L I C A C T S U M M A R Y 
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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 animal’s purchase price 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 CATS AND DOGS 
 
Requires the veterinarians who issue health certificates for imported cats and dogs to 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. The law requires a 
licensed, graduate veterinarian to issue the health certificates. The act requires that 
the veterinarian also be accredited by the U.S. Department of Agriculture.  
EFFECTIVE DATE: July 1, 2023 
 
§ 8 — RABIES  
 
Makes numerous changes in the statutes related to rabies, such as allowing the DoAg 
commissioner to order rabies testing; increasing the penalty for violating a rabies-related order; 
requiring suspected or confirmed rabies cases to be reported to the state veterinarian within 24 
hours; and requiring the owner or keeper of an animal seized for failure to abide by a quarantine 
order to pay costs of seizure and care 
 
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 
act 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. (And it replaces 
references to “destruction” of animals with “humane euthanasia.”) 
Under prior law, anyone who violated an order was subject to a fine of up to 
$100. The act instead subjects a violator to a $250 fine.  
 
Reports of Rabies 
 
Previously, local health directors or boards and veterinarians had to report a 
suspected or confirmed rabies case to the DoAg commissioner within 24 hours. The 
act instead requires an ACO, diagnostic lab, local health director, or veterinarian to 
report this information to the state veterinarian in the same timeframe.   O L R P U B L I C A C T S U M M A R Y 
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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 act also requires her to consider the rabies vaccination status 
of the animal bitten or attacked. 
 
Quarantined Animal With Rabies 
 
Under prior law, any quarantined animal clinically diagnosed as rabid by two 
veterinarians, including one in private practice, had to be humanely euthanized. The 
act 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 person carrying it out 
is immune from criminal and civil liability. 
The act 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 ensure 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 prior law, when a quarantined animal, other than a dog, was found to be 
healthy at the end of the quarantine period but its owner or keeper had not claimed 
the animal within that time, a municipal ACO could sell the animal to someone who 
would give it a good home and proper care. The act 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 ends. As under prior 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 prior law, the DoAg commissioner, an ACO, or a state or municipal 
police officer could immediately kill a wild animal that displayed behavior that 
caused the commissioner to reasonably conclude that the animal was rabid. The act 
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 
  O L R P U B L I C A C T S U M M A R Y 
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The act allows an animal subject to a quarantine or confinement 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 
 
Prior law required a dog owner or keeper to restrain his or her dog when near a 
person with a disability who was with a licensed guide dog that was under the 
person’s control and wearing a harness or orange leash and collar that readily 
identified it as a guide dog.  
The act 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 it still 
requires the animal to be readily identified as a service animal. By law, a violation 
is an infraction. 
Under existing law, if a dog attacks and injures a guide dog (“service animal” 
under the act), 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 PENALTY AND ENFORCEMENT 
 
Applies a general penalty under state law to violations of any companion animal-related 
regulation instead of just those specific to restraining or destroying cats and dogs; provides that 
ACOs must enforce the chapter’s provisions and not constables; 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, and no other penalty is specified, a general penalty is 
imposed. The penalty is a fine of at least $250, up to 30 days in prison, or both. The 
act applies this general penalty to a violation of any regulation, not just those on 
restraining or destroying cats or dogs. 
 
Enforcement 
 
Under prior law, any of the following people could investigate and prosecute 
violations of the chapter: constables, any ACO, the state’s chief ACO, and any 
prosecuting officers. The act instead requires any ACO or the chief ACO to  O L R P U B L I C A C T S U M M A R Y 
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investigate and prosecute violations.  
Additionally, the act 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 act 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 TEC HNICAL AND 
CONFORMING CHANGES 
 
Repeals statutes related to (1) municipal licensing for keeping 10 or more breeding dogs, (2) 
standards of care for dogs and cats in a breeding cattery, and (3) the allocation of some dog 
license fees to UConn for canine disease research; makes related technical and conforming 
changes  
 
The act makes technical and conforming changes, including removing 
references to the following statutes that the act repeals:  
1. CGS § 22-344c, which (a) allows towns to require a license to keep 10 or 
more unneutered or unspayed dogs capable of breeding and (b) requires the 
DoAg commissioner to prescribe the standard of care for 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.