COMMITTEE SUBSTITUTE

FOR

H. B. 2555

(By Delegates R. M. Thompson, Amores, Staton,

Mahan, Manuel, Warner and Bean)


(Originating in the Committee on the Judiciary)


[March 12, 2001]


A BILL to amend and reenact sections four and five, article ten, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section eight, article twenty, chapter nineteen of said code, all relating to humane destruction of animals by humane officers, animal shelters and dog wardens; defining the term humanely destroyed; providing for humane destruction of certain animals; clarifying liability of certain persons for costs of maintenance of confiscated animals; and providing humane officers may shelter animals at places other than shelters.

Be it enacted by the Legislature of West Virginia:
That sections four and five, article ten, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section eight, article twenty, chapter nineteen of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 10. HUMANE OFFICERS.
§7-10-4. Custody and care of animals abandoned, neglected or cruelly treated; hearing; liability for costs; exclusions.

(a) Subject to the exclusions of subsection (g) of this section, a A humane officer shall take possession of any animal, including birds or wildlife in captivity, known or believed to be abandoned, neglected, deprived of necessary sustenance, shelter or medical care or cruelly treated or used, as defined in sections nineteen and nineteen-a, article eight, chapter sixty-one of this code.
(b) The owner, or person in possession, if his or her identity and residence is known, of any animal seized pursuant to subsection (a) of this section, shall be provided written notice of such the seizure, their liability for the cost and care of the animal seized as herein provided in this section, and the right to request a hearing before a magistrate in the county wherein where the animal was seized. The magistrate court shall schedule any hearing so requested within ten working days of the receipt of the request. The failure of an owner or person in possession to request a hearing within five working days of the seizure shall be deemed is prima facie evidence of the abandonment of said the animal. At the hearing, if requested, the magistrate shall determine if probable cause exists to believe that such the animal was abandoned, neglected or deprived of necessary sustenance, shelter or medical care, or otherwise treated or used cruelly as set forth herein in this section.
(c) Upon finding of such probable cause, or if no hearing is requested, if the magistrate finds probable cause based upon the affidavit of the humane officer, the magistrate shall enter an order authorizing any humane officer to maintain possession of the animal pending further proceedings, appeal or the disposition of any criminal charges pursuant to chapter sixty-one of this code. During this period the humane officer is authorized to place the animal in a safe private home or other safe private setting in lieu of retaining the animal in an animal shelter. The person whose animal is seized is liable for all costs of the care of the seized animal.
(d) Any person whose animal is seized and against whom a finding of probable cause is rendered pursuant to this section is liable for the costs of the care, medical treatment and provisions for such the animal during any period it remains in the possession of the humane officer. The magistrate may require the person liable for these costs to post bond to provide for the maintenance of the seized animal.
(e) If, after the humane officer takes possession of the animal pursuant to the finding of probable cause, it is determined by a licensed veterinarian determines that the animal should be humanely destroyed to end its suffering, the veterinarian may order
the animal to be humanely destroyed according to acceptable humane standards and neither the humane officer, animal euthanasia technician, nor the veterinarian may be is subject to any civil or criminal liability as a result of any such determination. such action.
(f) The term "humanely destroyed" as used in this section means:
(i) humane euthanasia of an animal by hypodermic injection by a licensed veterinarian, or by a certified animal euthanasia technician in accordance with the provisions of article ten-a, chapter thirty of this code, or
(ii) any other humane euthanasia procedure approved by the American Veterinary Medical Association, the Humane Society of the United States, or the American Humane Association.
(g) Only in case of emergency, where humane euthanasia of an animal cannot be implemented expeditiously, the animal may be destroyed by shooting, if:
(i) The shooting is performed by someone properly trained, using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot; and
(ii) Maximum precaution is taken to minimize the animal's suffering and protect the general public, employees and other animals.
(f) (h) The provisions of this section do not apply to farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl, wildlife or game farm production and management, nor to the humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. §2131 et seq. and the regulations promulgated thereunder, as both such statutes and regulations are in effect on the effective date of this section.
§7-10-5. Destruction of animals.

Any such humane officer or animal shelter may lawfully humanely destroy or cause to be humanely destroyed any animal in his charge, in a manner consistent with the provisions of section four of this article, when in the judgment of such the humane officer, or director or supervisor of a animal shelter, and by the written certificate of a regularly licensed veterinary surgeon, such the animal appears to be injured, disabled, diseased past recovery or the animal is unclaimed.
CHAPTER 19. AGRICULTURE

ARTICLE 20. DOGS AND CATS.
§19-20-8. Impounding and disposition of dogs; costs and fees.
(a) All dogs seized and impounded as provided in this article, except dogs taken into custody under section two of this article, shall be kept housed and fed in the county dog pound for five days after notice of seizure and impounding shall have has been given or posted as required by this article, at the expiration of which time all dogs which have not previously been redeemed by their owners as herein provided in this article, shall be sold or humanely destroyed. No dog sold as herein provided shall in this section may be discharged from the pound until such the dog shall have has been registered and provided with a valid registration tag.
The term "humanely destroyed" as used in this section means:
(i) humane euthanasia of an animal by hypodermic injection by a licensed veterinarian, or by a certified animal euthanasia technician in accordance with the provisions of article ten-a, chapter thirty of this code, or
(ii) other humane euthanasia procedure approved by the American Veterinary Medical Association, the Humane Society of the United States, or the American Humane Association.
(b) Only in cases of emergency or where humane euthanasia of dogs cannot be implemented expeditiously, the dog may be destroyed by shooting, if:
(i) The shooting is performed by someone properly trained, using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot; and
(ii) Maximum precaution is taken to minimize the dog's suffering and protect the general public, employees and other animals.
(c) The owner, keeper or harborer of any dog seized and impounded under the provisions of this article may, at any time prior to the expiration of five days from the time that notice of the seizure and impounding of the dog shall have has been given or posted as required by this article, redeem the same dog by paying to the dog warden or his or her authorized agent or deputy all of the costs assessed against such the dog, and by providing a valid certificate of registration and registration tag for such the dog.
(d) Reasonable costs and fees, in such an amount as may to be determined from time to time by the county commission, shall be assessed against every dog seized and impounded under the provisions of this article, except dogs taken into custody under section two of this article. Such The cost shall be a valid claim in favor of the county against the owner, keeper or harborer of any dog seized and impounded under the provisions of this article and not redeemed or sold as herein provided in this section, and such the costs shall be recovered by the sheriff in a civil action against such the owner, keeper or harborer.
(e) A record of all dogs impounded, the disposition of such the dogs and a statement of costs assessed against each dog shall be kept by the dog warden and a transcript thereof shall be furnished to the sheriff quarterly.: