South Dakota 2022 Regular Session

South Dakota Senate Bill SB158

Introduced
1/27/22  

Caption

Revise provisions regarding the liability of owner or caretaker of an impounded animal.

Impact

The bill introduces several provisions that could significantly impact state laws regarding animal control and owner responsibilities. A key feature of SB158 is the establishment of a lien on the seized animal for costs incurred during the seizure and proceeding. This means that if the owner cannot pay, law enforcement has the authority to apply for an order enforcing the lien, paving the way for potential sale or adoption of the animal if the situation calls for it. Such measures will enforce accountability for neglect or abuse, ensuring that owners cannot evade responsibility for the care of their pets once legal actions are initiated.

Summary

Senate Bill 158 aims to revise the legal framework surrounding the liability of owners and caretakers of animals that have been impounded. The bill stipulates that if an owner is convicted of an offense related to their seized animal, they will be held responsible for all costs associated with the seizure, including notifications, attorney fees, and care expenses while the animal is in custody. This legislational change is envisioned to balance the interests of animal welfare and the responsibilities of pet owners.

Contention

Notably, SB158 has raised discussions concerning the implications for animal rights and the role of law enforcement in impound situations. Supporters argue that it enhances animal welfare by ensuring that funds are available for the care of impounded animals and that irresponsible owners are held accountable. Critics may raise concerns about the potential for abuse of power by law enforcement agencies or the financial burden it places on low-income pet owners who might find it difficult to post bonds for their animals' care during protracted legal proceedings. Thus, the bill raises vital questions about the balance between public safety, animal welfare, and individual rights.

Companion Bills

No companion bills found.

Previously Filed As

SD AB1553

Animal impoundment.

SD AB381

Revises provisions related to animals. (BDR 50-793)

SD SB0423

Animal impoundment.

SD S03073

Establishes a civil remedy for the protection of animals denied proper care by creating a special proceeding in the supreme court that will hold owners and caretakers liable if such animals under their care are mistreated.

SD A02555

Establishes a civil remedy for the protection of animals denied proper care by creating a special proceeding in the supreme court that will hold owners and caretakers liable if such animals under their care are mistreated.

SD SB135

Revise provisions regarding agritourism liability.

SD SB0657

Animals: care and treatment; restitution for care and treatment of certain forfeited animals; impose penalties upon owner. Amends sec. 50 of 1931 PA 328 (MCL 750.50).

SD SB0293

Animals: care and treatment; restitution for care and treatment of certain forfeited animals; impose penalties upon owner. Amends sec. 50 of 1931 PA 328 (MCL 750.50).

SD SB0658

Crimes: animals; restitution for care and treatment of certain forfeited animals; impose penalty on ownership of animal to person convicted of certain crimes against animal. Amends sec. 50b of 1931 PA 328 (MCL 750.50b).

SD SB0294

Crimes: animals; restitution for care and treatment of certain forfeited animals; impose penalty on ownership of animal to person convicted of certain crimes against animal. Amends sec. 50b of 1931 PA 328 (MCL 750.50b).

Similar Bills

No similar bills found.