H.B. 107

1

ANIMAL SHELTER AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer M. Seelig
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Utah Code relating to an animal shelter providing an
10 animal to be used for research or educational purposes.
11 Highlighted Provisions:
12 This bill:
13 . gives the governing body of a county or municipality the discretion to determine
14 whether to make an impounded animal available to be used for research or
15 educational purposes;
16 . prohibits the provision of an animal for research or educational purposes unless:
17 . the animal has been legally impounded for at least five days or a longer period
18 as provided by local ordinance;
19 . the animal has not been claimed or redeemed; and
20 . the animal shelter has made a reasonable effort to find the rightful owner of the
21 animal or to make it available to others;
22 . when an animal is voluntarily surrendered to an animal shelter, prohibits the
23 provision of the animal for research or educational purposes if the owner signs a
24 document prohibiting that action; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 26-26-3, as last amended by Laws of Utah 1989, Chapter 80
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 26-26-3 is amended to read:
36 26-26-3. Minimum period of impoundment -- Efforts required to contact owner
37 and to make animal available -- Prerogative of person voluntarily providing animal.
38 [The] (1) Subject to Subsections (2) and (4), the governing body of the county or
39 municipality in which an establishment is located [shall] may make available to an authorized
40 institution as many impounded animals in that establishment as the institution may request[;
41 provided, however, that such animals shall have].
42 (2) Subject to Subsection (4), a governing body described in Subsection (1) may not
43 make an impounded animal available to an institution, unless:
44 (a) the animal has been legally impounded for the longer of:
45 (i) at least five days [or for such other minimum period as may be specified by
46 municipal ordinance, and remain unclaimed and unredeemed by their owners or by]; or
47 (ii) the minimum period provided for by local ordinance;
48 (b) the animal has not been claimed or redeemed by:
49 (i) the animal's owner; or
50 (ii) any other person entitled to [do so. The establishment shall first make] claim or
51 redeem the animal; and
52 (c) the establishment has made a reasonable effort to:
53 (i) find the rightful owner of [such] the animal[,]; and
54 (ii) if the owner is not found, [shall make a reasonable effort to] make the animal
55 available to others during the impound period. [Owners of animals who voluntarily provide
56 their animals to an establishment may, by signature, determine whether or not the animal may
57 be provided to an institution or used for research or educational purposes.]
58 (3) If the owner of an animal voluntarily provides the animal to an establishment, the

59 establishment shall:
60 (a) notify the owner that the owner may sign a document that prohibits the animal from
61 being:
62 (i) provided to an institution; or
63 (ii) used for research or educational purposes; and
64 (b) upon request, provide the document described in Subsection (3)(a) to the owner.
65 (4) An animal may not be provided to an institution or used for research or educational
66 purposes if permission for that provision or use is prohibited in accordance with Subsection
67 (3).




Legislative Review Note
as of 1-5-10 7:29 AM

Office of Legislative Research and General Counsel