H. B. 2267
(By Delegates Gallagher, Schoonover,
D. Miller and Compton)
[Introduced February 24, 1993; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section twelve, article twenty,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to regulating
the sale of dogs and cats six months of age or older;
prohibiting sales without proof of ownership; and providing
a penalty for violations.
Be it enacted by the Legislature of West Virginia:
That section twelve, article twenty, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 20. DOGS.
§19-20-12. Dogs, other animals and reptiles protected by law;
unlawful killing thereof; aggrieved owner's remedy;
penalties; penalties for unlawful stealing of pets;
regulation of sales of dogs and cats and penalties
for violation sales provisions.
(a) Any dog which is registered, kept and controlled asprovided in this article or any dog, cat, or other animal or any
reptile which is owned, kept and maintained as a pet by any
person, irrespective of age, shall be is protected by law; and
any person who shall intentionally and unlawfully kill, injure or
poison kills, injures, or poisons any such dog, cat, other
animal, or any reptile as specified above, or shall who, in any
other manner, intentionally and unlawfully cause causes the death
or injury of any such dog, cat, other animal or any reptile shall
be is guilty of a misdemeanor, and, upon conviction thereof,
shall be ordered to provide public service for not less than
thirty nor more than ninety days, or fined not more than three
hundred dollars, or both. Any person whose owner of a dog, cat,
other animal or reptile as specified herein shall be killed or
injured wrongfully or unlawfully by any other person shall have
a right of action against the person who shall so kill or injure
such dog, cat, animal or reptile but in no case involving a dog
can recovery be had in excess of the assessed value of such dog
has a cause of action against any person who kills or who
wrongfully or unlawfully injures a dog, cat, other animal or a
reptile belonging to the owner, but may not recover more than the
assessed value of a dog injured or killed.
(b) Any person who shall intentionally and unlawfully steal
a dog, cat, other animal or reptile as specified in subsection
(a) of this section, shall be is guilty of a misdemeanor, and,
upon conviction thereof, shall be ordered to provide public
service for not less than thirty nor more than ninety days or
fined not less than three hundred nor more than five hundred
dollars, or both. Any person violating the provisions of thissubsection shall, for second or subsequent offense, be guilty of
a misdemeanor, and, upon conviction thereof, shall be confined in
the county jail for a period of not less than ninety days nor
more than six months, or shall be ordered to provide public
service for not more than one year, and fined not less than one
thousand dollars. In no case can any action or prosecution
relating to a dog under the provisions of this section be
maintained if the dog concerned shall not have been duly
registered pursuant to the provisions of this article or owned
and kept pursuant to the provisions of this section or owned and
kept pursuant to the provisions of this section at the time the
cause of action shall have arisen. The provisions of this
subsection do not apply to dogs which are not duly registered,
owned and kept as provided for in this section at the time the
cause of action arises.
(c) Dogs and cats six months of age or older cannot be sold
without proof of the seller's ownership. For dogs, proof of
ownership includes, at a minimum, a valid rabies immunization
certificate and valid dog tags registered in the state of the
seller. The proofs of ownership shall be registered in the
seller's name and the seller shall provide a bill of sale
describing the dog and listing dog tag and rabies identification
numbers. For cats, proof of ownership includes a valid rabies
immunization certificate registered in the state of the seller.
The proof of ownership shall be registered in the seller's name
and the seller shall provide a bill of sale describing the cat
and listing the rabies identification number. The sale of dogs
and cats where ownership has not been established is prohibited.
County pounds and humane society animal shelters are exempt
from the provisions of this subsection. Biomedical research
facilities are exempt when purchasing animals from federally
registered research animal breeders or dealers. Federally
registered animal breeders and dealers are exempt, except that
for federally registered animal dealers both dogs and cats must
have valid rabies immunization certificates and dogs must also
have valid dog licenses with required immunization certificates
and licenses appropriately registered in the name of the seller
and proof of prior ownership must accompany each dog and cat.
Any person who violates any of the provisions of this
subsection is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than fifty dollars nor more than
five hundred dollars, or imprisoned in the county jail not more
than one year, or both fined and imprisoned.
(c) (d) The commissioner of agriculture is hereby authorized
to designate such reasonable number of his present employees as
may be necessary to investigate alleged incidents of the unlawful
stealing of dogs, other domestic animals or reptiles, alleged
incidents of cruelty to such animals or reptiles and the alleged
incidents of the unlawful stealing of such animals or reptiles
for the purpose of sale to medical or other research companies.
Such deputies shall make the results of their investigations
known to any law-enforcement officers who have authority to
enforce the provisions of this article.
(d) (e) It shall be the duty of all members of the
department of public safety, sheriffs and police officers to aid
in the enforcement of the provisions of this article, and, forservices rendered in the enforcement thereof, such persons shall
be entitled to fees in the amounts set forth in section eight.
Such fees shall be paid by the county commission from the dog and
kennel fund.
NOTE: The purpose of this bill is to regulate the sale of
dogs and cats six months of age or older. Sales of these dogs
and cats without proof of ownership is prohibited and misdemeanor
penalties are provided for violations of provisions of the bill.
AGRICULTURE AND NATURAL RESOURCES COMMITTEE AMENDMENTS
On page three, section twelve, line four, following the word
"county", by inserting the words "or regional".
On page three, section twelve, line twenty-one, by striking
out the word "proofs" and inserting in lieu thereof the word
"proof".
And,
On page four, section twelve, line seventeen, following the
word "county", by inserting the words "or regional".