COMMITTEE SUBSTITUTE

for

H. B. 2965


(By Delegates Stemple, Mezzatesta,

Craig, Amores and Pethtel)


(Originating in the Committee on Government Organization)

[February 21, 2003]


A BILL to amend article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five, relating to authorizing the transfer of ownership of state owned dogs or horses by governmental agencies.

Be it enacted by the Legislature of West Virginia:
That article twenty, chapter nineteen 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-five, to read as follows:
ARTICLE 20. DOGS AND CATS.
§19-20-25 Retirement, transfer or disposal of state owned dogs and horses.

 (a) Whenever any dog or horse, which is the property of the state, is unable to perform its duties as a service animal, the responsible governmental agency may:
(1) Transfer ownership of the dog or horse to another governmental agency within West Virginia;
(2) Transfer ownership of the dog or horse to the animal's handler;
(3) Transfer ownership of the dog or horse to a person who wishes to maintain the animal; or
(4) Transfer the dog or horse 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 dog or horse may be adopted. If the animal shelter, humane society or society for the prevention of cruelty to animals determines that the dog or horse is not suitable for adoption, then the animal may be humanely euthanized by a person licensed under the provisions of articles ten or ten-a chapter thirty of this code.
(b) In the event ownership of a dog or horse is transferred pursuant to subdivision (2), (3) or (4) of subsection (a) of this section, the transfer documents must include provisions, signed by the person accepting ownership of the dog or horse, which hold the state harmless from any liability after the date of transfer.