CHAPTER 436a
ANIMAL POPULATION CONTROL

Table of Contents

Sec. 22-380e. Definitions.
Sec. 22-380f. Payment for adoption of unspayed or unneutered dog or cat. Connecticut Humane Society exemption. Report. Termination of exemption.
Sec. 22-380g. Animal population control account. Distribution of forms. Programs for vaccination and sterilization of cats and dogs. Funds. Suspension of programs.

      Sec. 22-380e. Definitions. As used in sections 22-380e to 22-380m, inclusive:

      (1) "Commissioner" means the Commissioner of Agriculture;

      (2) "Program" means the animal population control program;

      (3) "Account" means the animal population control account;

      (4) "Participating veterinarian" means any veterinarian who has been certified to participate in the program by the commissioner;

      (5) "Pound" means any state or municipal facility where impounded, quarantined or stray dogs and cats are kept or any veterinary hospital or commercial kennel where such dogs or cats are kept by order of a municipality;

      (6) "Eligible owner" means a person who has purchased or adopted a dog or cat from a pound and who is a resident of this state;

      (7) "Medically unfit" means (A) unsuitable for a surgical procedure due to any medical condition that may place a dog or cat at life-threatening risk if a surgical procedure is performed on such animal, as determined by a participating veterinarian, or (B) unsuitable for sterilization due to insufficiency in age, as determined by a participating veterinarian, of a dog or cat under the age of six months;

      (8) "Neuter" means the surgical procedure of castration on a male dog or cat;

      (9) "Spay" means the surgical procedure of ovariohysterectomy on a female dog or cat;

      (10) "Voucher" means a nontransferable document provided by the commissioner and issued by a pound to an eligible owner authorizing payment of a predetermined amount from the animal population control account to a participating veterinarian;

      (11) "Feral cat" means a cat of the species Felis catus that is unowned, that exists in a wild or untamed state or has returned to an untamed state from domestication and whose behavior is suggestive of a wild animal; and

      (12) "Low-income person" means a recipient of or a person eligible for one of the following public assistance programs:

      (A) The food stamp program authorized by Title XIII of the federal Food and Agriculture Act of 1977, 7 USC 2011 et seq.;

      (B) The federal Temporary Assistance for Needy Families Act authorized by 42 USC 601 et seq.;

      (C) The Medicaid program authorized by Title XIX of the federal Social Security Act;

      (D) The HUSKY Plan Part A;

      (E) The medical assistance or cash assistance components of the state-administered general assistance program;

      (F) The state supplement program; or

      (G) Any other public assistance program that the commissioner determines to qualify a person as a low-income person.

      (P.A. 92-187, S. 1, 10; P.A. 01-87, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 07-105, S. 2; June Sp. Sess. P.A. 07-5, S. 35.)

      History: (Revisor's note: In 1995 references to "fund" in Subdiv. (3) were replaced editorially by the Revisors with references to "account" to conform section with Sec. 22-380g as amended by P.A. 94-95); P.A. 01-87 redefined "participating veterinarian" and defined "medically unfit", "neuter", "spay" and "voucher"; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-105 added new Subdivs. (11) and (12) defining "feral cat" and "low-income person"; June Sp. Sess. P.A. 07-5 made technical changes in Subdiv. (12).

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      Sec. 22-380f. Payment for adoption of unspayed or unneutered dog or cat. Connecticut Humane Society exemption. Report. Termination of exemption. (a) No pound shall sell or give away any unspayed or unneutered dog or cat to any person unless such pound receives forty-five dollars from the person buying or adopting such dog or cat. Funds received pursuant to this section shall be paid quarterly by the municipality into the animal population control account established under section 22-380g. At the time of receipt of such payment, the pound shall provide a voucher, for the purpose of sterilization and vaccination benefits, as provided in section 22-380i, to the person buying or adopting such dog or cat. Such voucher shall be on a form provided by the commissioner and signed by the eligible owner. Such voucher shall become void after sixty days from the date of adoption unless a participating veterinarian certifies that the dog or cat is medically unfit for surgery. Such certification shall be on a form provided by the commissioner and specify a date by which such dog or cat may be fit for sterilization. If the surgery is performed more than thirty days after such specified date, the voucher shall become void. In the case of a dog or cat that has been previously sterilized or is permanently medically unfit for sterilization, as determined by a participating veterinarian, the voucher shall be void and the eligible owner may apply to the commissioner for a refund in the amount of forty-five dollars.

      (b) Notwithstanding the provisions of subsection (a) of this section, no pound shall receive forty-five dollars from the Connecticut Humane Society for any unsterilized cat or dog that is given by such pound to the Connecticut Humane Society, provided such cat or dog is sterilized prior to the adoption of such animal from the Connecticut Humane Society. Such sterilization shall not be required if a licensed veterinarian certifies, in writing, that the animal is medically unfit for sterilization surgery.

      (c) The Connecticut Humane Society shall submit a biannual report to the Commissioner of Agriculture that shall include, but not be limited to, the municipal facility from which any animal described in subsection (b) of this section was taken, the impound number of such animal, the species and gender of such animal, the date that the Connecticut Humane Society received the animal and the date of sterilization for such animal.

      (d) Upon a finding that the Connecticut Humane Society has failed to comply with any provision of subsection (b) or (c) of this section, the Commissioner of Agriculture may terminate the Connecticut Humane Society's exemption from the payment of the forty-five-dollar fee required pursuant to subsection (a) of this section.

      (P.A. 92-187, S. 2, 10; P.A. 97-162, S. 4; 97-187, S. 1, 4; P.A. 01-87, S. 2; P.A. 03-198, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(h); P.A. 04-189, S. 1; P.A. 07-105, S. 3.)

      History: P.A. 92-187, S. 2 effective July 1, 1994; (Revisor's note: In 1995 the phrase "animal population control fund" was replaced editorially by the Revisors with "animal population control account" to conform with Sec. 22-380g, as amended by P.A. 94-95, S. 19); P.A. 97-162 provided that funds be paid into the animal population control account quarterly rather than monthly; P.A. 97-187 reduced the refund amounts for sterilization of adopted fertile dogs and cats and established a nonrefundable fee to be paid by rescue or adoption organizations for acquisition of dogs and cats from pounds, effective July 1, 1997; P.A. 01-87 eliminated provision re payment of $25 for purchase or adoption of animals by animal rescue organizations, eliminated provisions re certificate and refund, changed "pound" to "municipality" re quarterly payments to account and established a voucher program for sterilization and vaccination of adopted animals; P.A. 03-198 designated existing provisions as Subsec. (a) and added new Subsecs. (b), (c) and (d) re Connecticut Humane Society's exemption from the $45 fee; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-105 amended Subsec. (c) to change recipient of report from Animal Population Control Fund to Commissioner of Agriculture.

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      Sec. 22-380g. Animal population control account. Distribution of forms. Programs for vaccination and sterilization of cats and dogs. Funds. Suspension of programs. (a) The Commissioner of Agriculture shall (1) establish an animal population control program to provide for spaying and neutering services to eligible owners of dogs and cats, (2) establish an account to be known as the "animal population control account" that may contain any moneys required by law to be deposited in the account and any balance remaining in said account at the end of any fiscal year shall be carried forward in said account for the fiscal year next succeeding, (3) create a standard dog licensing form and distribute said form to veterinarians or the operators of pet shops, pet grooming facilities, municipal pounds or dog training facilities who voluntarily agree to make such forms available for the convenience of dog owners, (4) establish a program to assist registered nonprofit rescue groups with the sterilization and vaccination of feral cats, and (5) establish a program to sterilize and vaccinate dogs and cats owned by a low-income person.

      (b) Not more than ten per cent of the funds deposited in the animal population control account in accordance with subsection (f) of section 14-21h, subsection (a) of section 22-338, section 22-380f and section 22-380l shall be used for the sterilization and vaccination of feral cats program in accordance with subdivision (4) of subsection (a) of this section.

      (c) Not more than ten per cent of the funds deposited in the animal population control account in accordance with subsection (f) of section 14-21h, subsection (a) of section 22-338, section 22-380f and section 22-380l shall be used for the sterilization and vaccination of dogs and cats owned by a low-income person pursuant to the program established under subdivision (5) of subsection (a) of this section.

      (d) The commissioner may solicit and accept funds from any public or private source of help to carry out the goals of the programs established under subsection (a) of this section, including, but not limited to, the sterilization of feral cats as provided in section 22-339d. A donor may earmark funds for any or all of such programs.

      (e) Any revenue collected pursuant to the provisions of sections 22-380f and 22-380l shall be deposited in the animal population control account. All money in the account shall be used by the commissioner exclusively for the implementation and promotion of the program and for the costs associated with the administration of the program provided not more than two hundred twenty-five thousand dollars may be expended for administrative costs per year.

      (f) The commissioner may suspend any or all of the programs at any time that the amount of money available in the account is less than three hundred thousand dollars. The commissioner may reinstate any of the suspended programs when such amount exceeds three hundred thousand dollars.

      (P.A. 92-187, S. 3, 10; P.A. 94-95, S. 19; P.A. 96-243, S. 3; P.A. 01-87, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 07-105, S. 4; June Sp. Sess. P.A. 07-5, S. 36.)

      History: P.A. 94-95 changed name of fund from "Animal Population Control Fund" to "animal population control account"; P.A. 96-243 amended Subsec. (b) to authorize use of the account for sterilization of feral cats as provided in Sec. 22-339d; P.A. 01-87 amended Subsec. (a) to make technical changes and add provisions requiring Commissioner of Agriculture to create a standard dog licensing form available for dog owners and allowing the commissioner to set aside up to $40,000 each fiscal year for providing assistance to charitable programs that sterilize and vaccinate feral cats, and amended Subsec. (d) to change $400,000 to $300,000; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-105 amended Subsec. (a) by deleting provision re set aside for charitable programs, adding provision re operators of pet shops, pet grooming facilities, municipal pounds or dog training facilities in Subdiv. (3) and adding Subdivs. (4) and (5), added new Subsecs. (b) and (c), redesignated existing Subsecs. (b) to (d) as Subsecs. (d) to (f), amended Subsec. (d) to make a conforming change and allow donors to earmark funds, amended Subsec. (e) to increase limit on administrative costs from $180,000 to $225,000 and made technical changes in Subsec. (f); June Sp. Sess. P.A. 07-5 made technical changes in Subsec. (c).

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