Bill Text: AZ HB2626 | 2022 | Fifty-fifth Legislature 2nd Regular | Engrossed
Bill Title: Animal handling; microchip scan
Spectrum: Bipartisan Bill
Status: (Passed) 2022-04-29 - Chapter 207 [HB2626 Detail]
Download: Arizona-2022-HB2626-Engrossed.html
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House Engrossed
animal handling; microchip scan |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HOUSE BILL 2626 |
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An Act
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.48; amending sections 11-1013, 11-1014, 11-1021, 11-1029, 32-2232 and 32-2294, Arizona Revised Statutes; amending title 44, Arizona Revised Statutes, by adding chapter 40; relating to animal control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section. 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.48, to read:
9-500.48. Deceased cats and dogs
A city or town shall require an employee or a contractor or subcontractor that has contracted with the city or town to remove deceased catS AND DOGS from a public place to thoroughly scan the cat or dog for the presence of a microchip and make A reasonable effort to contact the owner before disposing OF the cat or dog if the disposal will be at a landfill.
Sec. 2. Section 11-1013, Arizona Revised Statutes, is amended to read:
11-1013. Establishment of county pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats; pound fees
A. The board of supervisors in each county may provide or authorize a county pound or pounds or enter into a cooperative agreement with a city or town, a veterinarian or an Arizona incorporated humane society for the establishment to establish and operation of operate a county pound.
B. Any stray dog shall be impounded. All dogs and cats impounded shall be given proper care and maintenance.
C. all dogs and cats impounded at a county pound or at a city or town facility, a veterinarian or AN Arizona incorporated humane society THAT HAs entered into a cooperative agreement with a county pursuant to subsection a of this section shall be thoroughly scanned for the presence of a microchip on being impounded and A reasonable effort shall be made to contact the owner.
D. All deceased dogs and cats found in a public place and brought to a county pound or to a city or town facility, a veterinarian or AN Arizona incorporated humane society THAT HAs entered into a cooperative agreement with a county pursuant to subsection a of this section shall be scanned for the presence of a microchip and A reasonable effort shall be made to contact the owner.
C. E. Each stray dog or any cat impounded and not eligible for a sterilization program shall be kept and maintained at the county pound for a minimum of seventy-two hours or one hundred twenty hours for an animal that is impounded with a microchip or wearing a license or any other discernible form of owner identification, unless claimed or surrendered by its owner. Any person may purchase a dog or cat on expiration of the impoundment period, if the person pays all pound fees established by the county board of supervisors and complies with the licensing and vaccinating provisions of this article. If the dog or cat is to be used for medical research, a license or vaccination is not required. Any impounded cat that is eligible for a sterilization program and that will be returned to the vicinity where the cat was originally captured may be exempted from the mandatory holding period required by this subsection. For the purposes of this subsection, "eligible" means a cat that is living outdoors, lacks discernible identification, is of sound health and possesses its claws.
D. F. Any impounded licensed dog or any cat may be reclaimed by its owner or the owner's agent provided that if the person reclaiming the dog or cat furnishes proof of the person's right to do so and pays all pound fees established by the board of supervisors. Any person purchasing a dog or cat shall pay all pound fees established by the board of supervisors.
E. G. If the dog or cat is not reclaimed within the impoundment period, the county enforcement agent shall take possession of and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. The county enforcement agent may destroy euthanize impounded sick or injured dogs or cats if destruction is necessary to prevent the dog or cat from suffering or to prevent the spread of disease.
Sec. 3. Section 11-1014, Arizona Revised Statutes, is amended to read:
11-1014. Biting animals; reporting; handling and euthanasia; exception
A. An unvaccinated dog or cat that bites any person shall be confined and quarantined in a county pound or, on request of and at the expense of the owner, at a veterinary hospital for a period of not less than at least ten days. The quarantine period shall start on the day of the bite incident. If the day of the bite is not known, the quarantine period shall start on the first day of impoundment. A dog properly vaccinated pursuant to this article that bites any person may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the county enforcement agent.
B. A dog or cat that is impounded as the result of biting any person shall not be released from the pound to its owner unless one of the following applies:
1. The dog has a current dog license pursuant to section 11-1008 at the time the dog entered the pound.
2. The dog or cat has been previously spayed or neutered before impound or has been spayed or neutered and implanted with a microchip before release from the pound.
3. There is no veterinary facility capable of performing surgical sterilization within a twenty mile radius of the pound.
4. A veterinarian determines that a medical contraindication for surgery exists that reasonably requires postponement of the surgery until the surgery can be performed in a safe and humane manner.
5. The bite occurred in the premises of the owner and the victim is a member of the same household.
6. The owner pays a fifty dollar $50 recovery fee, in addition to any fees or costs otherwise required pursuant to this article.
C. Any domestic animal, other than a dog, a cat or a caged or pet rodent or rabbit, that bites any person shall be confined and quarantined in a county pound or, on the request and at the expense of the owner, at a veterinary hospital for a period of not less than at least fourteen days. Livestock shall be confined and quarantined for the fourteen-day period in a manner regulated by the Arizona department of agriculture. Caged or pet rodents or rabbits shall not be quarantined or laboratory tested.
D. With the exception of a wild rodent or rabbit, any wild animal that bites any person or directly exposes any person to its saliva may be killed and submitted to the county enforcement agent or the agent's deputies for transport to an appropriate diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if the animal has bitten a person and either the animal's health or behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies epizootic, as determined by the department of health services.
E. If an animal bites any person, the incident shall be reported to the county enforcement agent immediately by any person having direct knowledge.
F. The county enforcement agent may destroy euthanize any animal confined and quarantined pursuant to this section before the termination of the minimum confinement period for laboratory examination for rabies if:
1. The animal shows clear clinical signs of rabies.
2. The animal's owner consents to its destruction the euthanasia.
G. Any animal subject to licensing under this article found without a tag identifying its owner shall be deemed unowned.
H. The county enforcement agent shall destroy euthanize a vicious animal by order of a justice of the peace or a city magistrate. A justice of the peace or city magistrate may issue an order to destroy euthanize a vicious animal after notice to the owner, if any, and the person who was bitten, and a hearing. The justice of the peace or city magistrate may impose additional procedures and processes to protect all parties in the interest of justice, and any decision by the justice of the peace or magistrate may be appealed to the superior court.
I. The owner of a vicious animal shall be responsible for any fees incurred by the enforcement agent for the impounding, sheltering and disposing of the vicious animal.
J. This section does not apply to a dog that is used by any federal, state, county, city or town law enforcement agency and that bites any person if the bite occurs while the dog is under proper law enforcement supervision and the care of a licensed veterinarian, except that the law enforcement agency shall notify the county enforcement agent if the dog exhibits any abnormal behavior and make the dog available for examination at any reasonable time.
Sec. 4. Section 11-1021, Arizona Revised Statutes, is amended to read:
11-1021. Proper care, maintenance and euthanasia of impounded animals
A. Any animal impounded in a county, city or town pound shall be given proper and humane care and maintenance.
B. Any animal destroyed euthanized while impounded in a county, city or town pound shall be destroyed euthanized only by the use of sodium pentobarbital or a derivative of sodium pentobarbital.
C. If an animal is destroyed euthanized by means specified in subsection B of this section, it shall be done by a licensed veterinarian or in accordance with procedures established by the state veterinarian pursuant to section 3-1213.
D. The governing body of any county, city or town that operates a pound shall establish procedures for the humane destruction of impounded animals by the methods described in subsections B and C of this section.
Sec. 5. Section 11-1029, Arizona Revised Statutes, is amended to read:
11-1029. Hearing on disposition of vicious animals; forfeiture; exception
A. A peace officer, county enforcement agent or animal control officer who has impounded an animal pursuant to section 11-1014, on a showing of probable cause that the animal is vicious or may be a danger to the safety of any person or other animal, may request a disposition hearing before a justice of the peace or city magistrate to determine whether the animal is vicious. The hearing shall be set within fifteen business days after the request has been filed.
B. The officer or agent who has requested a hearing under subsection A of this section shall serve the order on the owner of the animal either by personal service on the owner or by leaving a copy of the order with a person of suitable discretion at the owner's residence or place of business. Proof of service shall be filed with the court. If the justice of the peace or city magistrate determines that the animal is vicious, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency or be humanely destroyed euthanized. The owner shall pay impound fees and any other costs for boarding or necessary veterinary care. If the justice of the peace or city magistrate determines that the animal is not vicious, the justice of the peace or city magistrate may order the animal returned to the owner, except that if the owner fails to appear at the hearing, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency and be made available for adoption or humane destruction euthanasia.
C. This section does not apply to the seizure of seizing an equine pursuant to section 3-1721 or to a city, town or county that adopts or has adopted an ordinance or resolution providing for the forfeiture of forfeiting a vicious animal if the ordinance or resolution imposes requirements that are equal to or more stringent than this section.
Sec. 6. Section 32-2232, Arizona Revised Statutes, is amended to read:
32-2232. Unprofessional or dishonorable conduct
As used in this chapter, unprofessional or dishonorable conduct includes:
1. The fraudulent use of any certificate or other official form used in practice that would increase the hazard of dissemination of disease, the transportation of diseased animals or the sale of inedible food products of animal origin for human consumption.
2. Inadequate methods in violation of meat inspection procedures prescribed by the federal government and Arizona meat inspection laws or wilful neglect or misrepresentation in the inspection of meat.
3. Misrepresentation of services rendered.
4. Failure to report, or the negligent handling of, the serious epidemic diseases of animals, such as anthrax, rabies, glanders, brucellosis, tuberculosis, foot and mouth disease, hog cholera, and other communicable diseases known to medical science as being a menace to human or animal health.
5. The dispensing or giving to anyone of live culture or attenuated live virus vaccines to be administered by a layman without providing instruction as to their administration and use.
6. Having professional connection with, or lending one's name to, any illegal practitioner of veterinary medicine and the various branches thereof of veterinary medicine.
7. Chronic inebriety or unlawful use of narcotics, dangerous drugs or controlled substances.
8. Fraud or dishonesty in applying or reporting on any test or vaccination for disease in animals.
9. False, deceptive or misleading advertising, having for its purpose or intent deception or fraud.
10. Conviction of a crime involving moral turpitude, or conviction of a felony.
11. Malpractice, gross incompetence or gross negligence in the practice of veterinary medicine.
12. Violation of the ethics of the profession as defined by rules adopted by the board.
13. Fraud or misrepresentation in procuring a license.
14. Knowingly signing a false affidavit.
15. Distribution of narcotics, dangerous drugs, prescription-only drugs or controlled substances for other than legitimate purposes.
16. Violation of or failure to comply with any state or federal laws or regulations relating to the storing, labeling, prescribing or dispensing of controlled substances or prescription-only drugs as defined in section 32-1901.
17. Offering, delivering, receiving or accepting any rebate, refund, commission, preference, patronage, dividend, discount or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring animals or services to any person.
18. Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation or conspiracy to violate any of the provisions of this chapter, a rule adopted by the board or a written order of the board.
19. Failing to dispense drugs and devices in compliance with article 7 of this chapter.
20. Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided.
21. Failure to maintain adequate records of veterinary services provided.
22. Medical incompetence in the practice of veterinary medicine.
23. Cruelty to or neglect of animals. For the purposes of this paragraph, "cruelty to or neglect of animals" means knowingly or negligently torturing, beating or mutilating an animal, killing an animal in an inhumane manner or depriving an animal of necessary food, water or shelter.
24. Representing that the veterinarian is a specialist if the veterinarian lacks the credentials to be a specialist.
25. Performing veterinary services without having a valid veterinarian client patient relationship.
26. Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship.
27. Failing to thoroughly scan for the presence of a microchip and make A reasonable effort to contact the owner For all stray dogs and cats brought to a veterinary premises.
Sec. 7. Section 32-2294, Arizona Revised Statutes, is amended to read:
32-2294. Grounds for refusal to issue or renew license or for disciplinary action; procedure; civil penalty
A. The board may take disciplinary action against the animal crematory, including revoking, suspending, refusing to issue or refusing to renew an animal crematory license for any of the following grounds:
1. Failure to notify the board in writing within twenty days after a change of the person who owns the animal crematory or the person responsible for the operation of operating the animal crematory.
2. Failure to maintain clean and sanitary facilities for the performance of performing services in accordance with the rules adopted by the board.
3. Failure to keep written records of all animals receiving crematory services, failure to provide a summary of the records on request to the client or failure to produce the records at the request of the board.
4. Failure to maintain a current animal crematory license to provide crematory services to the public at a fixed location.
5. Failure to thoroughly scan for the presence of a microchip and make A reasonable effort to contact the owner for all stray dogs and cats brought to the animal crematory before cremation.
B. If the board receives information indicating that disciplinary action should be taken against an animal crematory license and if it appears after investigation that the information may be true, the board may issue a notice of formal hearing or the board may hold an informal interview. If the results of the informal interview indicate suspension or revocation of the animal crematory license or other action may be in order, the board shall issue a notice of formal hearing and proceed pursuant to title 41, chapter 6, article 10. If the informal interview and other evidence indicate that disciplinary action should be taken other than suspension or revocation, the board may take any one or a combination of the following actions:
1. Issue a decree of censure.
2. Fix such period and terms of probation as are best adapted to protect the public and rehabilitate or educate the animal crematory licensee. The terms of probation may include temporary suspension not to exceed thirty days. The failure to comply with any term of the probation is cause to consider the entire case and any other alleged violations of this chapter at a formal hearing pursuant to title 41, chapter 6, article 10.
3. Impose a civil penalty of not more than one thousand dollars $1,000 for each violation. The total penalty shall not exceed five thousand dollars $5,000.
C. Before a license may be revoked or suspended for any cause provided by subsection A of this section, the board shall serve notice and conduct a hearing in the manner prescribed by title 41, chapter 6, article 10.
Sec. 8. Title 44, Arizona Revised Statutes, is amended by adding chapter 40, to read:
CHAPTER 40
ANIMAL SHELTERS
ARTICLE 1. GENERAL PROVISIONS
44-8021. Dog or cat possession; microchip scan; definition
A. When taking POSSESSION of a dog or cat, AN ANIMAL SHELTER shall THOROUGHLY scan for the presence of a microchip in the dog or cat and shall make a reasonable effort to contact the owner.
b. FOR PURPOSES OF THIS SECTION, "ANIMAL SHELTER" HAS THE SAME MEANING PRESCRIBED IN SECTION 11-1022.
