Bill Text: CT HB05707 | 2015 | General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Requiring Certain Higher Education Facilities That Conduct Research Using Cats Or Dogs To Offer Such Cats Or Dogs To Animal Rescue Organizations Prior To Euthanizing Any Such Cat Or Dog.

Spectrum: Committee Bill

Status: (Passed) 2015-07-10 - Signed by the Governor [HB05707 Detail]

Download: Connecticut-2015-HB05707-Comm_Sub.html

General Assembly

 

Committee Bill No. 5707

January Session, 2015

 

LCO No. 4965

 

*04965HB05707ENV*

Referred to Committee on ENVIRONMENT

 

Introduced by:

 

(ENV)

 

AN ACT REQUIRING CERTAIN HIGHER EDUCATION FACILITIES THAT CONDUCT RESEARCH USING CATS OR DOGS TO OFFER SUCH CATS OR DOGS TO ANIMAL RESCUE ORGANIZATIONS PRIOR TO EUTHANIZING ANY SUCH CAT OR DOG AND PROVIDING FOR THE PROPER SHELTERING OF DOGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2015) (a) For purposes of this section, "animal adoption or animal rescue organization" means any collaboration of individuals or any nonprofit organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time that has, as part of such collaboration's or organization's purposes, the sale or placement of animals that were removed from animal shelters, municipal dog pounds or an individual's home.

(b) Each constituent unit of the state system of higher education, each public institution of higher education and each independent institution of higher education shall offer for adoption by an animal adoption or animal rescue organization any cat or dog that such constituent unit or institution of higher education possesses for the purpose of conducting research or testing provided such offer occurs after the completion of any such research or testing, such research or testing does not require the destruction of such cat or dog and such animal is no longer needed by such constituent unit or institution of higher education. Any constituent unit of higher education or institution of higher education that is required to offer a cat or dog for adoption pursuant to this section may enter into an agreement with an animal adoption or animal rescue organization for the purpose of complying with the provisions of this section.

Sec. 2. Section 22-350a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) No person shall tether a dog to a stationary object or to a mobile device, including, but not limited to, a trolley or pulley by means of: (1) A tether that does not allow such dog to walk at least eight feet, excluding the length of such dog as measured from the tip of such dog's nose to the base of such dog's tail, in any one direction, (2) a tether that does not have swivels on both ends to prevent twisting and tangling, unless a person is in the presence of such dog, (3) a coat hanger, choke collar, prong-type collar, head halter or any other collar, halter or device that is not specifically designed or properly fitted for the restraint of such dog, (4) a tether that has weights attached or that contains metal chain links more than one-quarter of an inch thick, or (5) a tether that allows such dog to reach an object or hazard, including, but not limited to, a window sill, edge of a pool, fence, public road or highway, porch or terrace railing that poses a risk of injury or strangulation to such dog if such dog walks into or jumps over such object or hazard, unless a person is in the presence of such dog. The provisions of subdivisions (1) and (2) of this subsection shall not be construed to apply to: (A) Any veterinary practice licensed pursuant to section 20-197 that tethers a dog in the course of such veterinary practice, (B) any exhibition, show, contest or other temporary event in which the skill, breeding or stamina of such dog is judged or examined, (C) any exhibition, class, training session or other temporary event in which such dog is used in a lawful manner to hunt a species of wildlife during the hunting season for such species of wildlife or in which such dog receives training in a lawful manner to hunt such species of wildlife, (D) the temporary tethering of a dog at any camping or recreation area as expressly authorized by the Commissioner of Energy and Environmental Protection, or (E) the temporary tethering of a dog at a grooming facility in the course of grooming such dog.

(b) [No person shall tether a dog outdoors to a stationary object or to a mobile device, including, but not limited to, a trolley or a pulley, when a weather advisory or warning is issued by local, state or federal authorities or when outdoor environmental conditions, including, but not limited to, extreme heat, cold, wind, rain, snow or hail, pose an adverse risk to the health or safety of such dog based on such dog's breed, age or physical condition, unless tethering is for a duration of not longer than fifteen minutes.] When a weather advisory or warning is issued by local, state or federal authorities or when outdoor environmental conditions, including, but not limited to, extreme heat, cold, wind, rain, snow, ice, sleet or hail pose an adverse risk to the health or safety of a dog based on such dog's age, physical condition or the length or thickness of such dog's hair or fur, no person shall: (1) Tether a dog outdoors to a stationary object or to a mobile device, including, but not limited to, a trolley or a pulley, or (2) place such dog outdoors without readily available access to proper shelter unless such tethering or placement is for a duration of not longer than fifteen minutes.

(c) No person shall confine a dog in any cage or any other structure unless such structure constitutes a proper shelter.

(d) For purposes of this section, "proper shelter" means any structure that: (1) Has four walls and a roof and is of sound construction such that the walls and roof will not sag or collapse on the confined dog and the floor of such structure will not sag or collapse beneath the weight of the confined dog, (2) provides sufficient space such that the confined dog is able to stand up, turn around and lie down with limbs outstretched, (3) provides adequate protection from outdoor environmental conditions, including, but not limited to, a windbreak in such structure's doorway and dry bedding of a kind and quantity appropriate to the health and safety needs of the confined dog based on the confined dog's age and physical condition and the length and thickness of such confined dog's hair or fur, (4) provides a reasonably sanitary, obstruction-free and habitable environment such that snow, ice, rain water and water from other sources, excreta and any other waste or debris have not excessively accumulated inside, underneath, or within ten feet, on all sides, of such structure, (5) provides the confined dog with easy access to a regular diurnal lighting cycle of either natural or artificial light and to water that is sanitary and in a liquid state, and (6) contains flooring that does not consist of dirt or coated or uncoated wire, and that does not permit the paws of the confined dog to pass through any opening in such flooring. "Proper shelter" does not include any structure with an appearance that indicates the inadequacy of such structure by: (A) The small or excessive size of such structure, (B) a lack of structural soundness of such structure, (C) the use of poor or inappropriate construction materials for such structure, (D) the absence of insulation or dry bedding sufficient to protect the confined dog from outdoor environmental conditions, (E) evidence of crowding or unsanitary conditions within or outside such structure, or (F) the appearance or physical condition of the confined dog.

[(c)] (e) Nothing in this section shall be construed to affect any protection afforded to any dog pursuant to any other provision of the general statutes, regulations of the Connecticut state agencies, local ordinance or local regulation.

[(d)] (f) Any person who confines or tethers a dog for an unreasonable period of time or in violation of the provisions of subsection (a) or (b) of this section shall have committed an infraction and shall be fined one hundred dollars for the first offense, two hundred dollars for a second offense, and not less than two hundred fifty dollars or more than five hundred dollars for a third or subsequent offense. Each day that a person violates the provisions of this section shall constitute a separate offense.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2015

New section

Sec. 2

October 1, 2015

22-350a

Statement of Purpose:

To require state and private colleges and universities that use cats or dogs in laboratory research or testing to offer such cats or dogs for adoption by animal rescue organizations after such testing and to establish standards for the provision of proper shelter to dogs.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Co-Sponsors:

REP. URBAN, 43rd Dist.; REP. KUPCHICK, 132nd Dist.

REP. HENNESSY, 127th Dist.

H.B. 5707

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