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H.B. 107
This document includes House Committee Amendments incorporated into the bill on
Wed, Feb 17, 2010 at 2:29 PM by lerror. -->
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ANIMAL SHELTER AMENDMENTS
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2010 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Jennifer M. Seelig
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Senate Sponsor:
Curtis S. Bramble
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LONG TITLE
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General Description:
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This bill amends provisions of the Utah Code relating to an animal shelter providing an
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animal to be used for research or educational purposes.
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Highlighted Provisions:
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This bill:
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. gives the governing body of a county or municipality the discretion to determine
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whether to make an impounded animal available to be used for research or
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educational purposes;
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. prohibits the provision of an animal for research or educational purposes unless:
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. the animal has been legally impounded for at least five days or a longer period
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as provided by local ordinance;
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. the animal has not been claimed or redeemed; and
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. the animal shelter has made a reasonable effort to find the rightful owner of the
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animal H. [
or
] and .H to make it available to others; H. and
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[
. when an animal is voluntarily surrendered to an animal shelter, prohibits the
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provision of the animal for research or educational purposes if the owner signs a
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document prohibiting that action; and
] .H
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26-26-3, as last amended by Laws of Utah 1989, Chapter 80
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-26-3
is amended to read:
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26-26-3. Minimum period of impoundment -- Efforts required to contact owner
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and to make animal available -- Prerogative of person voluntarily providing animal.
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[The] (1) Subject to H. [
Subsections (2) and (4)
] Subsection (2) .H , the governing body
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of the county or
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municipality in which an establishment is located [shall] may make available to an authorized
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institution as many impounded animals in that establishment as the institution may request[;
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provided, however, that such animals shall have].
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(2) Subject to Subsection (4), a governing body described in Subsection (1) may not
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make an impounded animal available to an institution, unless:
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(a) the animal has been legally impounded for the longer of:
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(i) at least five days [or for such other minimum period as may be specified by
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municipal ordinance, and remain unclaimed and unredeemed by their owners or by]; or
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(ii) the minimum period provided for by local ordinance;
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(b) the animal has not been claimed or redeemed by:
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(i) the animal's owner; or
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(ii) any other person entitled to [do so. The establishment shall first make] claim or
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redeem the animal; and
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(c) the establishment has made a reasonable effort to:
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(i) find the rightful owner of [such] the animal H. [
[
] , [
]
] including checking if the
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animal has a tag or microchip .H ; and
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(ii) if the owner is not found, [shall make a reasonable effort to] make the animal
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available to others during the impound period. H. [
[
] Owners of animals who voluntarily
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provide
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their animals to an establishment may, by signature, determine whether or not the animal
may
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be provided to an institution or used for research or educational purposes. [
]
]
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[
(3) If the owner of an animal voluntarily provides the animal to an establishment, the
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establishment shall:
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(a) notify the owner that the owner may sign a document that prohibits the animal from
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being:
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(i) provided to an institution; or
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(ii) used for research or educational purposes; and
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(b) upon request, provide the document described in Subsection (3)(a) to the owner.
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(4) An animal may not be provided to an institution or used for research or educational
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purposes if permission for that provision or use is prohibited in accordance with Subsection
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(3).
] .H
Legislative Review Note
as of 1-5-10 7:29 AM