H.B. 158 Enrolled

ANIMAL SHELTER PET STERILIZATION ACT AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Gerry A. Adair
AN ACT RELATING TO POLITICAL SUBDIVISIONS AND ANIMAL WELFARE;
AMENDING ANIMAL SHELTER STERILIZATION PROVISIONS TO REQUIRE THAT IF
AN OWNED ANIMAL IS IMPOUNDED A SECOND TIME, THE SHELTER SHALL
REQUIRE PROOF OF STERILIZATION OR A STERILIZATION DEPOSIT; AND
PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-17-103, as enacted by Chapter 156, Laws of Utah 1998
10-17-104, as enacted by Chapter 156, Laws of Utah 1998
10-17-105, as enacted by Chapter 156, Laws of Utah 1998
17-42-103, as enacted by Chapter 156, Laws of Utah 1998
17-42-104, as enacted by Chapter 156, Laws of Utah 1998
17-42-105, as enacted by Chapter 156, Laws of Utah 1998
ENACTS:
10-17-105.5, Utah Code Annotated 1953
17-42-105.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-17-103 is amended to read:
10-17-103. Animal shelters shall transfer only sterilized animals, or shall require
sterilization deposit.
(1) An animal shelter may not transfer an animal that has not been sterilized, except as
provided in Subsection (2) or Section 10-17-105.5 .
(2) An animal shelter may transfer an animal for adoption that has not been sterilized only
if the animal shelter:
(a) establishes a written agreement, executed by the recipient, stating the animal is not

sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
(i) within 30 days after the agreement is signed, if the animal is six months of age or older;
or
(ii) if the animal is younger than six months of age, within 30 days after the animal becomes
six months of age; and
(b) receives from the recipient a sterilization deposit as provided under Section 10-17-104 ,
the terms of which are part of the written agreement executed by the recipient under this section.
Section 2. Section 10-17-104 is amended to read:
10-17-104. Sterilization deposit.
(1) A sterilization deposit may be:
(a) a portion of the adoption fee or purchase price of the pet, which will enable the adopter
to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement that
the veterinarian will bill the animal shelter directly for the sterilization;
(b) a deposit that is:
(i) refundable to the recipient if proof of sterilization of the animal within the appropriate time
limits under Section 10-17-103 is presented to the animal shelter not more than three months after
the date the animal is sterilized; and
(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal shelter
in compliance with Subsection (1)(b)(i); or
(c) a deposit under Section [ 10-17-106 ] 10-17-105.5 required for an owner to claim an
unsterilized animal impounded at the animal shelter.
(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
sterilization of an animal, based on the gender and weight of the animal, that is reasonably available
in the area where the animal shelter is located, but the deposit may not be less than $25.
(3) If a female dog or cat and her litter are transferred to one person, a sterilization deposit
is required only for the female dog or cat.
(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by the
animal shelter and shall be used by the animal shelter only for:

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(a) a program to sterilize animals, which may include a sliding scale fee program;
(b) a public education program to reduce and prevent overpopulation of animals and the
related costs to local governments;
(c) a follow-up program to assure that animals transferred by the animal shelter are sterilized
in accordance with the agreement executed under Section 10-17-103 ; and
(d) any additional costs incurred by the animal shelter in the administration of the
requirements of this chapter.
Section 3. Section 10-17-105 is amended to read:
10-17-105. Failure to comply with sterilization agreement.
If a recipient fails to comply with the sterilization agreement under [Section] Subsection
10-17-103 (2):
(1) the failure is ground for seizure and impoundment of the animal by the animal shelter from
whom the recipient obtained the animal;
(2) the recipient relinquishes all ownership rights regarding the animal and any claim to
expenses incurred in maintenance and care of the animal; and
(3) the recipient forfeits the sterilization deposit.
Section 4. Section 10-17-105.5 is enacted to read:
10-17-105.5. Sterilization deposit -- When required for redemption by owner of
impounded animal.
(1) Upon the second impound within a 12-month period and upon any subsequent impound
of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its
owner only upon payment of all impound fees required by the shelter and:
(a) receipt of proof the animal has been sterilized; or
(b) a sterilization deposit.
(2) The sterilization deposit shall be refunded to the owner only if the owner provides proof
of sterilization to the animal shelter within 30 days of release of the animal to the owner.
Section 5. Section 17-42-103 is amended to read:
17-42-103. Animal shelters shall transfer only sterilized animals, or shall require

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sterilization deposit.
(1) An animal shelter may not transfer an animal that has not been sterilized, except as
provided in Subsection (2) or Section 17-42-105.5 .
(2) An animal shelter may transfer an animal for adoption that has not been sterilized only
if the animal shelter:
(a) establishes a written agreement, executed by the recipient, stating the animal is not
sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
(i) within 30 days after the agreement is signed, if the animal is six months of age or older;
or
(ii) if the animal is younger than six months of age, within 30 days after the animal becomes
six months of age; and
(b) receives from the recipient a sterilization deposit as provided under Section 17-42-104 ,
the terms of which are part of the written agreement executed by the recipient under this section.
Section 6. Section 17-42-104 is amended to read:
17-42-104. Sterilization deposit.
(1) A sterilization deposit may be:
(a) a portion of the adoption fee or purchase price of the pet, which will enable the adopter
to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement that
the veterinarian will bill the animal shelter directly for the sterilization;
(b) a deposit that is:
(i) refundable to the recipient if proof of sterilization of the animal within the appropriate time
limits under Section 17-42-103 is presented to the animal shelter not more than three months after
the date the animal is sterilized; and
(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal shelter
in compliance with Subsection (1)(b)(i); or
(c) a deposit under Section [ 17-42-106 ] 17-42-105.5 required for an owner to claim an
unsterilized animal impounded at the animal shelter.
(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a

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sterilization of an animal, based on the gender and weight of the animal, that is reasonably available
in the area where the animal shelter is located, but the deposit may not be less than $25.
(3) If a female dog or cat and her litter are transferred to one person, a sterilization deposit
is required only for the female dog or cat.
(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by the
animal shelter and shall be used by the animal shelter only for:
(a) a program to sterilize animals, which may include a sliding scale fee program;
(b) a public education program to reduce and prevent overpopulation of animals and the
related costs to local governments;
(c) a follow-up program to assure that animals transferred by the animal shelter are sterilized
in accordance with the agreement executed under Section 17-42-103 ; and
(d) any additional costs incurred by the animal shelter in the administration of the
requirements of this chapter.
Section 7. Section 17-42-105 is amended to read:
17-42-105. Failure to comply with sterilization agreement.
If a recipient fails to comply with the sterilization agreement under [Section] Subsection
17-42-103 (2):
(1) the failure is ground for seizure and impoundment of the animal by the animal shelter from
whom the recipient obtained the animal;
(2) the recipient relinquishes all ownership rights regarding the animal and any claim to
expenses incurred in maintenance and care of the animal; and
(3) the recipient forfeits the sterilization deposit.
Section 8. Section 17-42-105.5 is enacted to read:
17-42-105.5. Sterilization deposit -- When required for redemption by owner of
impounded animal.
(1) Upon the second impound within a 12-month period and upon any subsequent impound
of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its
owner only upon payment of all impound fees required by the shelter and:

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(a) receipt of proof the animal has been sterilized; or
(b) a sterilization deposit.
(2) The sterilization deposit shall be refunded to the owner only if the owner provides proof
of sterilization to the animal shelter within 30 days of release of the animal to the owner.
Section 9. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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