hb2965 intr

H. B. 2965

(By Delegates Stemple, Mezzatesta,

Craig, Amores and Pethtel)

[Introduced February 11, 2003; referred to the

Committee on Government Organization then the Judiciary.]

A BILL to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two; and to amend article three, chapter twenty-nine of said code by adding thereto a new section, designated section eleven-a, all relating to authorizing the division of corrections and the state fire marshal to retire, transfer or dispose of division of corrections and state fire marshal canines.

Be it enacted by the Legislature of West Virginia:

That article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-two; and that article three, chapter twenty-nine of said code be amended by adding thereto a new section, designated section eleven-a, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-22. Retirement, transfer or disposal of department of corrections canines.

(a) Whenever any canine which is the property of the department of corrections reaches the point in its normal life cycle such that it is no longer of use to the department, the commissioner may transfer the ownership of the animal or dispose of the animal as set forth in this section. Such transfer or disposal must be predicated upon a determination that the animal is no longer of use to the division of corrections for its intended purpose, and that it is not suitable for sale or transfer to a law-enforcement or other governmental agency within West Virginia.

(b) Notwithstanding any other provision of the code, once a department of corrections canine meets the criteria set forth in subsection (a) above, the commissioner may transfer or dispose of the canine by whichever of the following means he or she determines to be most appropriate, given the totality of the circumstances:

(1) Transfer ownership of the animal to the animal's handler;

(2) Transfer ownership of the animal to some other person who wishes to maintain the animal as a pet; or

(3) Transfer the animal to the care and custody of any animal shelter, humane society or society for the prevention of cruelty to animals, organized and operating under the laws of this state, so that the animal may be adopted as a pet, if the animal is considered suitable for adoption. If the animal shelter, humane society or society for the prevention of cruelty to animals determines that the animal is not suitable for adoption as a pet, due to its health, temperament or other reasons, then the animal may be humanely put down by a person licensed in the practice of veterinary medicine.

(c) In the event ownership of an animal is transferred pursuant to the authority granted under this section, the documents executed pursuant to such transfer must include language absolving the state of liability of any injuries or other damage caused by the animal after the date of transfer.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

§29-3-11a. Retirement, transfer or disposal of canines employed by the office of the fire marshal.

(a) Whenever any canine which is the property of the state fire marshal's office reaches the point in its normal life cycle such that it is no longer of use to the state fire marshal, the state fire marshal may transfer the ownership of the animal or dispose of the animal as set forth in this section. Such transfer or disposal must be predicated upon a determination that the animal is no longer of use to the state fire marshal for its intended purpose, and that it is not suitable for sale or transfer to a law--enforcement or other governmental agency within West Virginia.

(b)Notwithstanding any other provision of the code, once a canine employed by the office of the state fire marshal meets the criteria set forth in subsection (a) above, the state fire marshal may transfer or dispose of the canine by whichever of the following means he or she determines to be most appropriate, given the totality of the circumstances:

(1) Transfer ownership of the animal to the animal's handler;

(2) Transfer ownership of the animal to some other person who wishes to maintain the animal as a pet; or

NOTE: The purpose of this bill is to allow the state fire marshal's office and the division of corrections to dispose or transfer canines they employ which are no longer of any use for the purposes for which they were intended.

These sections are new, therefore, strike-throughs and underscoring have been omitted.