Connecticut Seal

General Assembly

Amendment

 

January Session, 2009

LCO No. 8010

   
 

*SB0049908010HRO*

Offered by:

 

REP. CHAPIN, 67th Dist.

 

To: Subst. Senate Bill No. 499

File No. 467

Cal. No. 591

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 22-344b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) A pet shop licensee shall, prior to offering a dog or cat for sale and thereafter at intervals of fifteen days until such dog or cat is sold, provide for examination of such dog or cat by a veterinarian licensed under chapter 384. [The] Such licensee shall maintain a record of the veterinary services rendered for each dog or cat offered for sale.

(b) If, (1) within [fifteen] twenty days of sale, any such dog or cat becomes ill or dies of any illness, [which existed in such dog or cat at the time of the sale] or (2) within six months of sale, any such dog or cat is diagnosed with a congenital defect, such licensee shall, at the option of the consumer, replace the dog or cat or refund in full the purchase price of such dog or cat: [(1)] (A) In the case of illness or congenital defect, upon return of the dog or cat to the pet shop and the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat is ill from a condition which existed at the time of sale or suffers from a congenital defect, and [(2)] (B) in the case of death, the receipt of a certificate from a veterinarian licensed under [said] chapter 384 and selected by the consumer, stating that the dog or cat died from a congenital defect or from an illness which existed at the time of sale. Any costs for services and medications provided by a licensed veterinarian incurred by the consumer for such illness or congenital defect shall be reimbursed to the consumer by such licensee in an amount not to exceed [two] five hundred dollars. The presentation of such certificate shall be sufficient proof to claim reimbursement or replacement and the return of such deceased dog or cat to the pet shop shall not be required. No such refund or replacement shall be made if such illness or death resulted from maltreatment or neglect by a person other than the licensee, his or her agent or employee.

(c) A licensee who violates any provision of this section shall forfeit to the state a sum not to exceed five hundred dollars for each animal which is the subject of the violation. The Attorney General, upon complaint of the commissioner, may institute a civil action in the superior court for the judicial district of Hartford to recover the forfeiture specified in this section.

Sec. 2. Subsection (a) of section 22-339b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) Any owner or keeper of a dog or cat of the age of three months or older shall have such dog or cat vaccinated against rabies. Any animal vaccinated prior to one year of age or receiving a primary rabies vaccine at any age shall be considered protected for only one year and shall be given a booster vaccination one year after the initial vaccination and shall be vaccinated at least every three years thereafter. Those animals revaccinated after one year of age shall be given booster vaccinations at least every three years thereafter. Proof of vaccination shall be a certificate issued by a licensed veterinarian in accordance with subsection (a) of section 22-339c. A licensed veterinarian, upon request of the Chief Animal Control Officer, any animal control officer, municipal animal control officer or regional animal control officer, shall submit to such officer a copy of such certificate and any associated rabies vaccination records for such dog or cat that has bitten a person or another animal.

Sec. 3. Section 22-327 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

As used in this chapter and in sections 5 and 6 of this act:

(1) "Adoption import permit" means a document issued by the Commissioner of Agriculture to a person, partnership, corporation, association, limited liability company, corporation or other entity responsible for arranging or implementing the importation of any dog or cat or group of dogs or cats into the state for the purposes of adoption or relocation for adoption within the state;

[(1)] (2) "Animal" means any brute creature, including, but not limited to, dogs, cats, monkeys, guinea pigs, hamsters, rabbits, birds and reptiles;

(3) "Animal isolation facility" means a building, structure or room within a building or structure approved by the commissioner that is used to house dogs and cats imported into the state for the purpose of adoption and where such dogs and cats are segregated from the state's resident animal population;

[(2)] (4) "Chief Animal Control Officer", "Assistant Chief Animal Control Officer" and "animal control officer" mean, respectively, the Chief State Animal Control Officer, the Assistant Chief State Animal Control Officer and a state animal control officer appointed under section 22-328;

[(3)] (5) "Commercial kennel" means a kennel maintained for boarding or grooming dogs or cats, and includes, but is not limited to, any veterinary hospital which boards or grooms dogs or cats for nonmedical purposes;

[(4)] (6) "Commissioner" means the Commissioner of Agriculture;

[(5)] (7) "Grooming facility" means any place, other than a commercial kennel, which is maintained as a business where dogs are groomed;

(8) "Importer" means any person, partnership, corporation, association, limited liability company or corporation or other entity responsible for arranging or implementing the movement of a dog or cat either internationally or from another state into this state for the purpose of adoption or relocation for adoption;

[(6)] (9) "Keeper" means any person, other than the owner, harboring or having in his possession any dog or other animal;

[(7)] (10) "Kennel" means one pack or collection of dogs which are kept under one ownership at a single location and are bred for show, sport or sale;

[(8)] (11) "Municipal animal control officer" means any such officer appointed under the provisions of section 22-331;

[(9)] (12) "Pet shop" means any place at which animals not born and raised on the premises are kept for the purpose of sale to the public;

[(10)] (13) "Poultry" means all domestic fowl and any pheasants or other game birds securely confined and lawfully owned and possessed by any person under the provisions of section 26-40;

[(11)] (14) "Regional animal control officer" and "assistant regional animal control officer" means a regional Connecticut animal control officer and an assistant regional Connecticut animal control officer appointed under the provisions of section 22-331a;

[(12)] (15) "Training facility" means any place, other than a commercial kennel or grooming facility, which is maintained as a business where dogs are trained.

Sec. 4. Section 22-344 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) No person shall maintain a commercial kennel until he has obtained from the commissioner a license to maintain such kennel under such regulations as the commissioner provides as to sanitation, disease and humane treatment of dogs or cats and the protection of the public safety. Upon written application and the payment of a fee of one hundred dollars, the commissioner shall issue such license to be effective until the ensuing December thirty-first provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such kennel is to be maintained has certified that the kennel conforms to the municipal zoning regulations. Such license shall be renewed annually, not later than December thirty-first, in accordance with the provisions of this section, and may be transferred by the licensee to another premises upon approval of the commissioner.

(b) No person shall maintain a pet shop until he has obtained from the commissioner a license to maintain such pet shop under such regulations as the commissioner provides as to sanitation, disease and humane treatment of animals and the protection of the public safety. Upon written application and the payment of a fee of two hundred dollars, the commissioner shall issue such license to be effective until the ensuing December thirty-first provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such pet shop is to be maintained has certified that the pet shop conforms to the municipal zoning regulations. Such pet shop license may be transferred by the licensee to another premises upon the approval of the commissioner. The commissioner, after consultation with the Commissioners of Public Health and Environmental Protection, shall establish and maintain, pursuant to regulations adopted in accordance with chapter 54, a list of animals which are deemed to be injurious to the health and safety of the public or whose maintenance in captivity is detrimental to the health and safety of the animal. The sale or offer of sale of any animal which is on said list is prohibited and any person who violates this provision shall be fined not more than five hundred dollars.

(c) No person shall engage in the business of grooming or maintaining a grooming facility until such person has obtained from the commissioner a license to maintain such facility under such regulations as the commissioner provides as to sanitation, disease and humane treatment of such animals and the protection of the public safety. Upon written application and the payment of a fee of one hundred dollars, the commissioner shall issue such license to be effective until the ensuing December thirty-first provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such grooming is to be maintained has certified that the facility conforms to the municipal zoning regulations. Such license shall be renewed annually, not later than December thirty-first, in accordance with the provisions of this section, and may be transferred by the licensee to other premises upon approval of the commissioner.

(d) No person shall maintain a training facility until such person has obtained from the commissioner a license to maintain such facility under such regulations as the commissioner provides as to sanitation, disease and humane treatment of such animals and the protection of public safety. Upon written application and the payment of a fee of one hundred dollars, the commissioner shall issue such license to be effective until the ensuing December thirty-first provided the commissioner finds (1) that such regulations have been complied with, and (2) in the case of each initial application for such license, that the zoning enforcement official of the municipality wherein such training facility is to be maintained has certified that the facility conforms to the municipal zoning regulations. Such license shall be renewed annually upon the terms required for the original license and may be transferred by the licensee to another premises upon approval of the commissioner.

(e) No person shall maintain an animal isolation facility until such person has obtained from the commissioner a license to maintain such facility under such regulations as the commissioner may provide as to sanitation, disease and humane treatment of such animals and the protection of public safety. Upon written application and the payment of a fee of one hundred dollars per year, the commissioner shall issue a license to be effective until the ensuing December thirty-first provided, prior to the issuance of such license, the commissioner finds that the applicant is in compliance with all applicable laws and regulations. Such license shall be renewed annually upon the terms required for the original license and may be transferred by the licensee to another premises upon approval by the commissioner. This subsection shall not apply to any person who isolates fewer than seven animals in any calendar year or to any dog or cat imported into the state by a person for the purpose of such person's individual or familial ownership of such dog or cat in this state.

[(e)] (f) The commissioner may, [at any time] pursuant to the provisions of section 22-4c, inspect or cause to be inspected by his agents any such animal isolation facility, commercial kennel, pet shop, grooming facility or training facility, and if, in his judgment such animal isolation facility, kennel, pet shop, grooming facility or training facility is not being maintained in a sanitary and humane manner or in a manner that protects the public safety, or if he finds that contagious, infectious or communicable disease or other unsatisfactory conditions exist, he may issue such orders as he deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such animal isolation facility, kennel, pet shop, grooming facility or training facility fails to comply with the regulations or orders of the commissioner, or fails to comply with any provision of the statutes or regulations relating to dogs or other animals, the commissioner may revoke or suspend such license. Any person aggrieved by any order issued under the provisions of this section may appeal therefrom in accordance with the provisions of section 4-183. Any person maintaining any animal isolation facility, commercial kennel, pet shop, grooming facility or training facility without having obtained a license for the same or after any such license has been revoked or suspended as provided herein shall be fined not more than two hundred dollars. The provisions of this section shall not apply to veterinary hospitals, except those boarding or grooming dogs for nonmedical purposes, and other establishments where all the dogs or animals were born and raised on the premises where they are kept for sale. The inspection of a building, structure or room within a building or structure that is used for isolation by a person who isolates fewer than seven animals in any calendar year shall be strictly limited to such building, structure or room within such building or structure.

[(f)] (g) The provisions of subsections (a) to (d), inclusive, of this section requiring certification by the zoning enforcement official that every commercial kennel, pet shop, grooming facility and training facility conforms to the zoning regulations of the municipality wherein such kennel, pet shop, grooming facility or training facility is maintained shall not apply to any person who is licensed under said subsections and maintained any such kennel, pet shop or grooming facility prior to October 1, 1977, provided such person does not relocate such kennel, pet shop, grooming facility or training facility in a zone in which such kennel, pet shop, grooming facility or training facility is not a permitted use. In addition, the provisions of said subsections requiring certification by the zoning enforcement official that every commercial kennel, pet shop, grooming facility and training facility conforms to the zoning regulations of the municipality wherein such kennel, pet shop, grooming facility or training facility is maintained shall not apply when a zone in which such kennel, pet shop, grooming facility or training facility is maintained is changed to a use which does not permit such kennel, pet shop, grooming facility or training facility in such zone.

Sec. 5. (NEW) (Effective October 1, 2009) (a) Each person, partnership, corporation, association, limited liability company or corporation or other entity importing into this state any dog or cat for the purposes of adoption, relocation for adoption or sale to a pet shop in this state shall meet all requirements of section 22-354 of the general statutes, as amended by this act, and, in addition, shall cause each dog or cat to be accompanied with an adoption import permit issued by the Commissioner of Agriculture, in a form prescribed by the commissioner, not more than fourteen days prior to the entry of such dog or cat into the state, and shall cause each such dog or cat to be uniquely identified with a microchip and a corresponding visible tag displaying the microchip number. Each permit shall state the importer's name, address and phone number and the animal's species, gender, age, breed, color, microchip identifier number, state or country of origin, and the name and address of the designated animal isolation facility. This subsection shall not apply to any dog or cat imported into the state by a person for the purpose of such person's individual or familial ownership of such dog or cat within this state.

(b) The commissioner may refuse to grant an adoption import permit for any dog or cat if the commissioner determines that such dog or cat may have been exposed to any infectious or contagious disease or if such dog or cat is from any country, state or geographic location subject to disease-related quarantine. The commissioner may, at any time, revoke an adoption import permit previously issued and then outstanding for the importation of any dog or cat into this state if the commissioner determines that such dog or cat may have been exposed to any infectious or contagious disease or if such dog or cat is from any country, state or geographic location subject to a disease-related quarantine. The commissioner and the state shall not be liable for any damages caused by such revocation.

(c) The commissioner may, in his discretion, revoke any adoption import permit for cause, including, but not limited to, a determination by the commissioner that the permit holder is in violation of section 22-354 of the general statutes, as amended by this act, or section 53-247 of the general statutes.

(d) Violation of any provision of this section shall be an infraction for the first offense and such person shall be fined not more than one hundred dollars or imprisoned not more that thirty days, or both. For each subsequent offense, such person shall be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.

(e) The commissioner may make any order he or she deems necessary to prevent the spread of any infectious or contagious disease or to prevent the illegal treatment of any dog or cat imported into the state for adoption or relocation for adoption.

(f) An adoption import permit shall not be required for the importation of any dog or cat into the state by a person for the purpose of adoption or relocation of such dog or cat for such person's individual or familial ownership within the state.

(g) Nothing in this section shall prevent the commissioner from seeking any other remedy provided by law.

Sec. 6. (NEW) (Effective October 1, 2009) (a) An animal isolation facility shall provide a quarantine room used exclusively for the purposes of isolating any dog or cat being imported into the state for adoption or relocation for adoption. Such room shall: (1) Be physically separate from any other room used to maintain other animals or from any human living area, (2) be completely enclosed by walls that extend from floor to ceiling, and (3) be equipped with adequate ventilation to allow fresh air to circulate into the room. The quarantine room and its contents shall be thoroughly cleaned and disinfected before receiving any new shipment of animals imported for adoption purposes after all animals from any previous shipment have been removed from such room. During the time period that such room is being used as an animal isolation facility, such room shall not be used to house or maintain other animals, for storage, as a restroom, as a public access area or for any other such purpose.

(b) The importer of any dog or cat transported into the state for the purposes of adoption or relocation for adoption shall, not later than twenty-four hours after the arrival of such dog or cat at an animal isolation facility, give notice in writing to the commissioner. Such notice shall state the importer's name, address and telephone number and the animal's adoption import permit number, species, gender, age, breed, color, microchip identifier number, state or country of origin and the name of the animal isolation facility where the animal was taken.

(c) Each dog or cat or group of dogs or cats arriving into the state under the same adoption import permit number shall be isolated in a quarantine room by the animal isolation facility licensee from any member of the state's resident animal population for a minimum of forty-eight hours prior to its release for adoption. An animal isolation facility licensee shall maintain records of each animal so isolated. These records shall include the adoption import permit number, a copy of the interstate or international health certificate, the rabies vaccination certificate, in accordance with section 22-339b of the general statutes, as amended by this act, the species, gender, age, breed, color, microchip identifier number, importer's name, address and telephone number, the animal's state or country of origin, and the animal's release date and disposition upon release. No other dog or cat being imported into the state in the same shipment for adoption or relocation for adoption shall be placed in the quarantine room until all animals in any previous shipment have been released.

(d) An animal isolation facility licensee shall provide for examination of each dog or cat by a veterinarian licensed under chapter 384 of the general statutes. The animal isolation facility licensee shall maintain a record of the veterinary services rendered for each dog or cat housed at such facility. Each animal shall be certified by a veterinarian licensed under chapter 384 of the general statutes to be in good health and shall be vaccinated against rabies and issued a rabies vaccination certificate, in accordance with section 22-339b of the general statutes, as amended by this act, prior to release from the facility. Pursuant to the provisions of section 22-4c of the general statutes, a copy of all medical records of each animal shall be made available to the Commissioner of Agriculture upon request and to the new owner upon adoption. No dog or cat shall be released from an animal isolation facility prior to receipt of an official health certificate issued by a veterinarian licensed under chapter 384 of the general statutes.

(e) The Commissioner of Agriculture may make any order he or she deems necessary to prevent the spread of any infectious or contagious disease or to prevent the illegal treatment of any dog or cat imported into the state for adoption or relocation for adoption.

(f) Nothing in this section shall prevent the Commissioner of Agriculture from seeking any other remedy provided by law.

(g) Violation of any provision of this section shall be an infraction for the first offense and such person shall be fined not more than one hundred dollars or imprisoned not more that thirty days, or both. For each subsequent offense, such person shall be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.

Sec. 7. Section 22-354 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) Any dog or cat imported into this state for any purpose shall be accompanied by [a] an official certificate of health issued no earlier than thirty days prior to the date of importation by a licensed, graduate veterinarian stating that such dog or cat is free from [symptoms] clinical signs of any infectious, contagious or communicable disease, and that such dog or cat, if three months of age or older, is currently vaccinated for rabies by a licensed veterinarian. A copy of such official health certificate shall be forwarded promptly to the commissioner from the [livestock sanitary] animal health official of the state of origin. Any dog or cat originating from a rabies quarantine area [must] shall have permission of the State Veterinarian prior to importation into this state. No person, firm or corporation shall import or export for the purposes of sale, adoption or relocation for adoption or offering for sale, adoption or relocation for adoption any dog or cat under the age of eight weeks unless such dog or cat is transported with its dam and no person, firm or corporation shall sell or offer for adoption or relocation for adoption within the state any dog or cat under the age of eight weeks. Any person, firm or corporation violating the provisions of this [section] subsection or bringing any dog or cat into this state from an area under quarantine for rabies shall be fined not more than [one] five hundred dollars or imprisoned not more than thirty days, or both.

(b) Any dog or cat sold or offered for sale by a pet shop licensee in this state shall be accompanied by a certificate of origin identifying the name, address and telephone number of each person, firm or corporation that bred such dog or cat and of any person, firm or corporation that sold such dog or cat to such pet shop licensee. Such certificate shall be posted in a conspicuous manner not more than ten feet from the location where such dog or cat is displayed for sale. A copy of such certificate shall be provided to the purchaser of such dog or cat at the time of sale and shall be filed by such licensee with the Department of Agriculture not later than two days after such sale. No pet shop licensee shall purchase a dog or cat for resale from a breeder or other person, firm or corporation located outside of this state that is not in possession of a current license issued by the United States Department of Agriculture and any applicable state agency. Any pet shop licensee violating the provisions of this subsection shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both, for each violation. Each day a pet shop licensee is in violation of this subsection shall constitute a separate offense.

Sec. 8. (NEW) (Effective October 1, 2009) Animals imported into the state for the purposes of adoption or sale shall not be eligible for participation in the animal population control program established pursuant to section 22-380g of the general statutes. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2009

22-344b

Sec. 2

October 1, 2009

22-339b(a)

Sec. 3

October 1, 2009

22-327

Sec. 4

October 1, 2009

22-344

Sec. 5

October 1, 2009

New section

Sec. 6

October 1, 2009

New section

Sec. 7

October 1, 2009

22-354

Sec. 8

October 1, 2009

New section