ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 501
(Senators Kessler and Prezioso, original sponsors)
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[Passed May 29, 2009; in effect ninety days from passage.]
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AN ACT
to amend and reenact §7-10-4 of the Code of West Virginia,
1931, as amended; to amend and reenact §19-20-8 of said code;
and to amend and reenact §30-10A-4, §30-10A-6 and §30-10A-8 of
said code, all relating to euthanizing animals; prohibiting
the euthanizing of animals by use of a gas chamber and
providing an exception thereto; requiring all persons or
entities performing animal euthanasia to register with the
Board of Veterinary Medicine; allowing animal euthanasia
technicians to administer sedatives and tranquilizers; and
directing the Board of Veterinary Medicine to promulgate
emergency rules.
Be it enacted by the Legislature of West Virginia:
That §7-10-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §19-20-8 of said code be amended and
reenacted; and that §30-10A-4, §30-10A-6 and §30-10A-8 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; bonds; liability for costs;
liens; exclusions.
(a) Subject to the provisions of subsection (h) of this
section, 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,
medical care or reasonable protection from fatal freezing or heat
exhaustion 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 persons in possession, if his or her identity
and residence are known, of any animal seized pursuant to
subsection (a) of this section shall be provided written notice of
the seizure, his or her liability for the cost and care of the
animal seized as provided in this section and the right to request
a hearing in writing before a magistrate in the county where the
animal was seized. The magistrate court shall schedule any hearing
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 is prima facie
evidence of the abandonment of the animal. At the hearing, if
requested, the magistrate shall determine by a preponderance of the
evidence if the animal was abandoned, neglected or deprived of
necessary sustenance, shelter, medical care or reasonable
protection from fatal freezing or heat exhaustion or otherwise
treated or used cruelly as set forth in this section.
(c) (1) If a hearing is requested and the magistrate finds by
a preponderance of the evidence that the owner did abandon, neglect or cruelly treat the animal, or if no hearing is requested and the
magistrate finds by a preponderance of the evidence, based upon the
affidavit of the humane officer, that the owner did abandon,
neglect or cruelly treat the animal, the magistrate shall enter an
order awarding custody of the animal to any humane officer for
further disposition in accordance with reasonable practices for the
humane treatment of animals. After hearing the evidence, if the
magistrate is not convinced the animal was neglected or cruelly
treated, he or she may dismiss the action and order the animal be
returned to the owner. If the magistrate finds in favor of the
humane officer, the owner of the animal shall post a bond with the
court in an amount sufficient to provide for the reasonable costs
of care, medical treatment and provisions for the animal for at
least thirty days. The bond shall be filed with the court within
five days following the court's finding against the owner. At the
end of the time for which expenses are covered by the original bond
if the animal remains in the care of the humane officer and the
owner desires to prevent disposition of the animal by the humane
officer, the owner shall post an additional bond with the court
within five days of the expiration of the original bond. 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.
(2) If a bond has been posted in accordance with subdivision
(1) of this subsection, the custodial animal care agency may draw
from the bond the actual reasonable costs incurred by the agency in
providing care, medical treatment and provisions to the impounded animal from the date of the initial impoundment to the date of the
final disposition of the animal.
(d) Any person whose animal is seized and against whom the
magistrate enters a finding pursuant to this section is liable
during any period it remains in the possession of the humane
officer for the reasonable costs of care, medical treatment and
provisions for the animal not covered by the posting of the bond as
provided in subdivision (1), subsection (c) of this section. The
magistrate shall require the person liable for these costs to post
bond to provide for the maintenance of the seized animal. This
expense, if any, becomes a lien on the animal and must be
discharged before the animal is released to the owner. Upon
dismissal or withdrawal of the complaint, any unused portion of
posted bonds shall be returned to the owner. Upon a finding in
favor of the humane officer, all interest in the impounded animal
shall transfer to the humane officer for disposition in accordance
with reasonable practices for the humane treatment of animals. Any
additional expense above the value of the animal may be recovered
by the humane officer or custodial agency.
(e) After the humane officer takes possession of the animal
pursuant to a finding by a magistrate that the animal has been
abandoned, neglected or cruelly treated and 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 and neither the humane officer, animal euthanasia
technician nor the veterinarian is subject to any civil or criminal
liability as a result of the action.
(f) (1) The term "humanely destroyed" as used in this section means:
(A) Humane euthanasia of an animal by hypodermic injection by
a licensed veterinarian or by an animal euthanasia technician
certified in accordance with the provisions of article ten-a,
chapter thirty of this code; or
(B) Any other humane euthanasia procedure approved by the
American Veterinary Medical Association, the Humane Society of the
United States or the American Humane Association.
(2) The term "humanely destroyed" does not include euthanizing
an animal by means of a gas chamber:
Provided, That any county
which has a gas chamber in operation as of the effective date of
this section may continue to operate the gas chamber subject to the
following: (1) The gas chamber shall be operated by an animal
euthanasia technician certified pursuant to article ten-a, chapter
thirty of this code; and (2) the gas chamber shall have been
manufactured and installed by a person who regularly manufactures
and installs gas chambers. The Board of Veterinary Medicine shall
promulgate emergency rules regarding the inspection of gas
chambers, pursuant to section fifteen, article three, chapter
twenty-nine-a of this code.
(g) In case of an emergency in which an animal cannot be
humanely destroyed in an expeditious manner, an animal may be
destroyed by shooting if:
(1) The shooting is performed by someone trained in the use of
firearms with a weapon and ammunition of suitable caliber and other
characteristics designed to produce instantaneous death by a single
shot; and
(2) Maximum precaution is taken to minimize the animal's suffering and to protect other persons and animals.
(h) The provisions of this section do not apply to farm
livestock, as defined in subsection (d), section two, article
ten-b, chapter nineteen of this code; 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.
(i) All persons or entities in the state performing euthanasia
under this article shall register with the Board of Veterinary
Medicine by December 31, 2009, in a manner to be prescribed by the
board. The Board of Veterinary Medicine shall promulgate emergency
rules relating to the registration of those performing animal
euthanasia, pursuant to section fifteen, article three, chapter
twenty-nine-a of this code.
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 or municipal shelter for
five days after notice of seizure and impounding 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
provided in this article, shall be sold or humanely destroyed. No
dog sold as provided in this section may be discharged from the county or municipal shelter until the dog has been registered and
provided with a valid registration tag.
(b) (1) The term "humanely destroyed" as used in this section
means:
(A) Humane euthanasia of an animal by hypodermic injection by
a licensed veterinarian or by an animal euthanasia technician
certified in accordance with the provisions of article ten-a,
chapter thirty of this code; or
(B)
Any other humane euthanasia procedure approved by the
American Veterinary Medical Association, the Humane Society of the
United States or the American Humane Association.
(2) The term "humanely destroyed" does not include euthanizing
a dog or cat by means of a gas chamber: Provided, That any county
which has a gas chamber in operation as of the effective date of
this section may continue to operate the gas chamber subject to the
following: (1) The gas chamber shall be operated by an animal
euthanasia technician certified pursuant to article ten-a, chapter
thirty of this code; and (2) the gas chamber shall have been
manufactured and installed by a person who regularly manufactures
and installs gas chambers. The Board of Veterinary Medicine shall
promulgate emergency rules regarding the inspection of gas chambers,
pursuant to section fifteen, article three, chapter twenty-nine-a
of this code.
(c) In an emergency or in a situation in which a dog cannot be
humanely destroyed in an expeditious manner, a dog may be destroyed
by shooting if:
(1) The shooting is performed by someone trained in the use of firearms with a weapon and ammunition of suitable caliber and other
characteristics designed to produce instantaneous death by a single
shot; and
(2) Maximum precaution is taken to minimize the dog's suffering
and to protect other persons and animals.
(d) 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 has been given or posted as
required by this article, redeem the dog by paying to the dog warden
or his or her authorized agent or deputy all of the costs assessed
against the dog and by providing a valid certificate of registration
and registration tag for the dog.
(e) Reasonable costs and fees, in an amount 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. 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 provided in this section and the costs shall be recovered
by the sheriff in a civil action against the owner, keeper or
harborer.
(f) A record of all dogs impounded, the disposition of 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.
(g) All persons or entities in the state performing euthanasia under this article shall register with the Board of Veterinary
Medicine by December 31, 2009, in a manner to be prescribed by the
board. The Board of Veterinary Medicine shall promulgate emergency
rules relating to the registration of those performing animal
euthanasia, pursuant to section fifteen, article three, chapter
twenty-nine-a of this code.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.
§30-10A-4. Scope of practice.
(a) A certified animal euthanasia technician may sedate,
tranquilize and euthanize animals assigned to the care of a legally
operated humane society, animal shelter or animal control facility
within this state. A certified animal euthanasia technician shall
practice sedation, tranquilization and euthanasia under the
authority of a licensed veterinarian as defined in article ten of
this chapter or a county humane officer as defined in article ten,
chapter seven of this code within the limitations imposed by this
article and rules promulgated by the board under this article.
(b) For the purposes of this article, controlled substance
permits issued by the state Board of Pharmacy and the federal Drug
Enforcement Administration shall be issued to a municipal or county
run animal control facility, or a humane society or animal shelter
incorporated and organized under the laws of the state, with one or
more duly appointed agents. The humane society or animal shelter
shall possess a tax-exempt charitable or tax-exempt governmental
determination under the Internal Revenue Code of 1986, as amended.
(c) A certified animal euthanasia technician may not practice
or offer to practice his or her profession outside the direct authority of the humane society, animal shelter or animal control
facility which employs him or her or otherwise contracts for his or
her services. A certified animal euthanasia technician is not
qualified and may not indicate that he or she is qualified to act
in any capacity relative to animals beyond his or her specified and
regulated authority to sedate, tranquilize and euthanize animals at
the instruction of the humane society, animal shelter or animal
control facility by which he or she is employed and under the
supervision of a humane officer or licensed veterinarian.
§30-10A-6. Recordkeeping.
A humane society, animal shelter or animal control facility
which was issued a controlled substances permit by the Board of
Pharmacy and an identification number by the federal Drug
Enforcement Administration is responsible for ensuring that
certified animal euthanasia technicians in its employ maintain
proper records regarding the inventory, storage and administration
of controlled substances and any other drugs which he or she is
authorized to administer. The proper completion and retention of
these records is the joint responsibility of the humane society,
animal shelter or animal control facility and the certified animal
euthanasia technician. The humane society, animal shelter or animal
control facility and the certified animal euthanasia technicians are
subject to inspection and audit by the board, the West Virginia
Board of Pharmacy and any other appropriate state or federal agency
with authority regarding the recordkeeping, inventory, storage and
administration of controlled substances and other drugs authorized
for use by animal euthanasia technicians under authority of this
article.
§30-10A-8. Drug selection.
(a) In the event that sodium pentobarbital is no longer
approved as the euthanasia "drug of choice" for animals by either
state or federal mandate, the board shall determine the replacement
"drug of choice" for sodium pentobarbital for use by certified
animal euthanasia technicians by legislative rule. The replacement
"drug of choice" shall be administered, controlled, stored and
secured by a humane society, animal shelter or animal control
facility which meets the qualifications in section one of this
article in accordance with legislative rules promulgated by the
board.
(b) The board may replace sodium pentobarbital as the "drug of
choice" at any time by legislative rule promulgated pursuant to
article three, chapter twenty-nine-a of this code. The determined
"drug of choice" for animal euthanasia as specified by the board
shall be used by animal euthanasia technicians certified under the
provisions of this article.
(c) The board shall promulgate emergency rules pursuant to
section fifteen, article three, chapter twenty-nine-a of this code
to allow the use of sedatives and tranquilizers by euthanasia
technicians, as defined in section one of this article.