H.B. 150

1

ANIMAL SHELTER AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Angela Romero
5 Senate Sponsor: Brian E. Shiozawa
6 Cosponsors:
7 Jennifer M. SeeligLarry B. Wiley 8
9 LONG TITLE
10 General Description:
11 This bill enacts language related to the euthanization of an animal by an animal shelter.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . prohibits, with certain exceptions, an animal shelter from using carbon monoxide
16 gas to euthanize an animal;
17 . authorizes an animal shelter to use certain methods to euthanize an animal;
18 . requires an animal shelter to adopt a euthanization policy and training program; and
19 . makes technical corrections.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 11-46-103, as enacted by Laws of Utah 2011, Chapter 130

27 ENACTS:
28 11-46-401, Utah Code Annotated 1953
29 11-46-402, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 11-46-103 is amended to read:
33 11-46-103. Stray animals.
34 (1) Each municipal or county animal control officer shall hold any unidentified or
35 unclaimed stray animal in safe and humane custody for a minimum of five business days after
36 the time of impound and prior to making any final disposition of the animal.
37 (2) A record of each animal held shall be maintained. The record shall include:
38 (a) date of impound;
39 (b) date of disposition; and
40 (c) method of disposition, which may be:
41 (i) placement in an adoptive home or other transfer of the animal, which shall be in
42 compliance with Part 2, Animal Shelter Pet Sterilization Act;
43 (ii) return to its owner;
44 (iii) placement in a community cat program as defined in Section 11-46-302 ; or
45 (iv) euthanasia in accordance with Section 11-46-104 .
46 (3) An unidentified or unclaimed stray animal may be euthanized prior to the
47 completion of the five working day minimum holding period to prevent unnecessary suffering
48 due to serious injury or disease, if the euthanasia is in compliance with:
49 (a) written agency or department policies and procedures[, and with];
50 (b) any local ordinances allowing the euthanasia[.]; and
51 (c) Part 4, Euthanasia of Shelter Animals.
52 (4) An unidentified or unclaimed stray animal shall be returned to its owner upon:
53 (a) proof of ownership;
54 (b) compliance with requirements of local animal control ordinances; and
55 (c) compliance with Part 2, Animal Shelter Pet Sterilization Act.
56 Section 2. Section 11-46-401 is enacted to read:
57 Part 4. Euthanasia of Shelter Animals

58 11-46-401. Euthanasia of animals -- Prohibited and permitted methods.
59 (1) An animal shelter may not euthanize an animal by means of carbon monoxide gas
60 from any source unless another form of euthanasia, if used:
61 (a) would not be safe for a person performing the procedure; or
62 (b) would cause unacceptable levels of stress for the animal.
63 (2) (a) If it is necessary to euthanize an animal, and subject to the requirements of
64 Section 11-46-103 , an animal shelter shall, except as permitted under Subsection (1)(a) or (b),
65 use a method that is approved for that purpose by the most current version of the American
66 Veterinary Medical Association's Guidelines on euthanasia unless the method is a method
67 described in Subsection (1).
68 (b) Subsection (2)(a) does not apply to an animal that must be euthanized outside of the
69 animal shelter's place of business or facility by an animal control officer who:
70 (i) contracts with the animal shelter; and
71 (ii) must euthanize the animal in an emergency situation.
72 (3) (a) If an animal is euthanized under Subsection (1)(a) or (b) in a carbon monoxide
73 chamber, and except as provided in Subsection (3)(b), the animal shelter may not euthanize
74 more than one animal at a time in the carbon monoxide chamber.
75 (b) An animal shelter may euthanize more than one animal at a time in a carbon
76 monoxide chamber only if:
77 (i) the carbon monoxide chamber has multiple compartments or chambers designed to
78 hold one animal per compartment or chamber; and
79 (ii) no more than one animal is placed in each compartment or chamber.
80 (c) If an animal shelter is authorized to use a carbon monoxide chamber under this
81 section, the animal shelter shall:
82 (i) use carbon monoxide that is commercially compressed; and
83 (ii) adopt safety guidelines for the use of carbon monoxide.
84 (4) An animal shelter may tranquilize an animal with a substance approved by the Food
85 and Drug Administration for that purpose before commencing euthanasia.
86 Section 3. Section 11-46-402 is enacted to read:
87 11-46-402. Animal shelter euthanization training -- Documentation.
88 (1) If, in accordance with Section 11-46-103 and this part, an animal shelter euthanizes

89 animals received in the shelter, the animal shelter shall:
90 (a) adopt a policy for euthanization that mandates procedures that comply with the
91 applicable provisions of this part;
92 (b) adopt a euthanization training program; and
93 (c) require each person who conducts or assists with a euthanization to attend the
94 training program annually.
95 (2) A policy and training program required in Subsection (1) shall be reviewed and
96 approved by a veterinarian who is currently licensed in accordance with Title 58, Chapter 28,
97 Veterinary Practice Act.
98 (3) The animal shelter shall keep a record of the date training was provided and who
99 attended.




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as of 1-10-13 9:33 AM

Office of Legislative Research and General Counsel

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