Bill Text: AZ HB2530 | 2014 | Fifty-first Legislature 2nd Regular | Introduced


Bill Title: County dog licensing; temporary license

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-27 - House Committee of the Whole action: Retained on the Calendar [HB2530 Detail]

Download: Arizona-2014-HB2530-Introduced.html

 

 

 

REFERENCE TITLE: county dog licensing; temporary license

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2530

 

Introduced by

Representative Brophy McGee

 

 

AN ACT

 

Amending sections 11-1008 and 11-1010, Arizona Revised Statutes; amending title 11, chapter 7, article 6, Arizona Revised Statutes, by adding section 11-1010.01; amending sections 44-1799.01 and 44-1799.02, Arizona Revised Statutes; Relating to Animal Control.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 11-1008, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1008.  License fees for dogs; issuance of dog tags; exception; violation; classification

A.  The board of supervisors of each county may set a license fee that shall be paid for each dog three months of age or over that is kept, harbored or maintained within the boundaries of the state for at least thirty consecutive days of each calendar year.  License fees shall become payable at the discretion of the board of supervisors of each county.  The licensing period for a dog under three months of age may not exceed a period of one year.  The licensing period for a dog three months of age or over shall not exceed the period of time for revaccination as designated by the state veterinarian.  License fees shall be paid within ninety days to the board of supervisors.  A penalty fee of two dollars shall be paid if the license application is made less than one year subsequent to the date on which the dog is required to be licensed under this article.  If the license application is made one year or later from the date on which the dog is required to be licensed, an additional penalty fee of ten dollars shall be paid for each subsequent year up to a maximum of twenty‑two dollars.  This penalty shall not be assessed against applicants who provide adequate proof that the dog to be licensed has been in their possession in Arizona less than thirty consecutive days.

B.  If the board of supervisors adopts a license fee, the board shall provide durable dog tags.  Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the county, the number of the license and the year in which it expires.  The tag shall be attached to a collar or harness that shall be worn by the dog at all times, except as otherwise provided in this article.  Whenever a dog tag is lost, a duplicate replacement tag shall be issued on application by the owner and payment of a fee established by the board of supervisors.

C.  The board of supervisors may set license fees that are lower for dogs permanently incapable of procreation.  An applicant for a license for a dog claimed to be incapable of procreation shall provide adequate proof satisfactory to the county enforcement agent that such the dog has been surgically altered to be permanently incapable of procreation.

D.  All fees and penalties shall be deposited in the rabies control fund pursuant to section 11‑1011.

E.  Any person who knowingly fails within fifteen days after written notification from the county enforcement agent to obtain a license for a dog required to be licensed, counterfeits an official dog tag, removes such a tag from any dog for the purpose of intentional and malicious mischief or places a dog tag upon on a dog unless the tag was issued for that particular dog is guilty of a class 2 misdemeanor.

F.  Notwithstanding subsection A of this section, the board of supervisors of each county may not charge an individual who has a disability and who uses a service animal as defined in section 11‑1024 or an individual who uses a search or rescue dog a license fee for that dog.  An applicant for a license for a:

1.  Search or rescue dog shall provide adequate proof satisfactory to the enforcement agent that the dog is a search or rescue dog.

2.  Service animal shall sign a written statement that the dog is a service animal as defined in section 11‑1024.  A person who makes a false statement pursuant to this paragraph is guilty of a petty offense and is subject to a fine that shall does not exceed fifty dollars.  The statement to be signed shall be substantially in the following form:

By signing this document, I declare that the dog to be licensed is a service animal as defined in section 11‑1024, Arizona Revised Statutes, and I understand that a person who makes a false statement pursuant to section 11‑1008, Arizona Revised Statutes, is guilty of a petty offense and is subject to a fine that does not exceed fifty dollars. END_STATUTE

Sec. 2.  Section 11-1010, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1010.  Anti-rabies vaccination; vaccination and license stations

A.  Before a license is issued for any dog three months of age or over, the owner or a veterinarian must present a paper or electronic copy or telefacsimile of the vaccination certificate signed by a veterinarian stating the owner's name and address, and giving the dog's description, date of vaccination, manufacturer and serial number of the vaccine used and date revaccination is due.  A duplicate of each rabies vaccination certificate issued shall be transmitted to the county enforcement agent within two weeks of the date the dog was vaccinated.  No A dog shall not be licensed unless it is vaccinated in accordance with the provisions of this article and the regulations promulgated rules adopted pursuant to this article.

B.  A dog vaccinated in any other state prior to entry into Arizona may be licensed in Arizona provided that, at the time of licensing, the owner of the dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that state or a veterinarian employed by a governmental agency in that state, stating the owner's name and address, and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine used.  The vaccination must be in conformity with the provisions of this article and the regulations promulgated rules adopted pursuant to this article.

C.  The county enforcement agent shall make provisions for vaccination clinics as deemed necessary.  The vaccination shall be performed by a veterinarian. END_STATUTE

Sec. 3.  Title 11, chapter 7, article 6, Arizona Revised Statutes, is amended by adding section 11-1010.01, to read:

START_STATUTE11-1010.01.  Dogs under three months of age; temporary license; exception

A.  A pet dealer, as defined in section 44-1799, a dog breeder or an individual who sells or transfers ownership of a dog under three months of age shall obtain a temporary dog license.

B.  Before a license is issued for any dog under three months of age, the pet dealer, dog breeder or the individual selling the dog must present information to the county enforcement agent stating their name and address and giving the dog's description and age.

C.  A person that purchases a dog that has a temporary license from a pet dealer, a dog breeder or other individual shall vaccinate and license the dog pursuant to section 11-1010 within one year after purchasing the dog.

D.  A dog under three months of age that is sold or transferred from a pet dealer to another pet dealer may be sold or transferred before obtaining a license pursuant to this section. END_STATUTE

Sec. 4.  Section 44-1799.01, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.01.  Initial veterinary examination; licensing

A.  A veterinarian who is licensed pursuant to title 32, chapter 21 shall examine all cats and dogs that are received by a pet dealer before the cat or dog is placed for sale.

B.  If the veterinarian determines that a cat or dog is afflicted with a contagious disease, the cat or dog may be returned to the source or kept by the pet dealer.  If the pet dealer keeps the cat or dog, the pet dealer shall cage the cat or dog separately from healthy animals and shall house and handle the cat or dog in a manner that will minimize the likelihood of contagion.

C.  A pet dealer must obtain a dog license pursuant to section 11-1010 or 11-1010.01 before the dog is placed for sale. END_STATUTE

Sec. 5.  Section 44-1799.02, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.02.  Information statement; purchaser rights; notice

A.  At the time of sale, each pet dealer shall give the purchaser of a cat or dog a written statement that contains the following information:

1.  The date of the animal's birth, if known, the state in which the animal was born, if known, and the date the pet dealer received the animal.

2.  The immunizations and deworming treatments that have been administered to the animal as of the time of sale, if known, including the dates of administration and the type and brand of vaccine or deworming treatment.

3.  The breed, sex, color and other identifying marks apparent at the time of sale.  If the animal is from a source that is licensed by the United States department of agriculture, the individual identifying tag, tattoo or color number for the animal shall be included.  If the breed is unknown or mixed, this fact shall be stated.

4.  Any veterinary treatment or medication that the animal received while in the possession of the pet dealer and either of the following:

(a)  A statement signed by the pet dealer and the purchaser at the time of sale that contains all of the following:

(i)  A statement that a veterinarian examined the animal and the animal has no apparent disease or illness.

(ii)  A statement that a veterinarian examined the animal and at the time of the examination the animal had no apparent congenital or hereditary condition that would adversely affect the health of the animal at the time of sale or that is likely to adversely affect the health of the animal in the future.

(b)  A record of any known disease or illness or any hereditary or congenital condition that adversely affects the health of the animal at the time of sale or that is likely to adversely affect the health of the animal in the future.  The record shall include a statement that is signed by a veterinarian who is licensed pursuant to title 32, chapter 21, that recommends necessary treatment, if any, and that verifies that the disease, illness or condition does not require hospitalization or nonelective surgical procedures and is not likely to require hospitalization or nonelective surgical procedures in the future.  A veterinarian's statement is not required for intestinal or external parasites.  The pet dealer and the purchaser shall sign the statement required by this subdivision.

5.  The record of the license obtained pursuant to section 11-1010 or 11-1010.01.

B.  The purchaser shall acknowledge in writing that the purchaser has received the information required by subsection A of this section.

C.  In addition to information required to be given to a purchaser pursuant to subsection A of this section, at the time of sale and on request of the purchaser, a pet dealer that sells a cat or dog shall provide the prospective purchaser with written notice of the purchaser's rights.  The notice shall be a legible copy of this article.

D.  A pet dealer shall post the following notice within close proximity of the cages or enclosures in which cats or dogs are offered for sale:

Pursuant to title 44, chapter 11, article 17, Arizona Revised Statutes, information on the source of the cat or dog and any veterinary treatment received by the cat or dog is available for review.  You are entitled to a copy of the law describing your rights as a consumer purchaser. END_STATUTE

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