Currently, under the unclaimed animal law, an animal pound is required to provide to licensed research and educational institutions as many animals as it requests, from the pool of impounded animals that are unclaimed by their owners after five days. S.F. No. 705 eliminates this mandate and prohibits pounds from releasing animals except for adoption or other placement in the best interests of the animal.
Section 1 [Definitions] removes the definition of “institution” since the word is no longer used in this statute as amended.
Section 2 [Seized animals; impoundment; record keeping] eliminates provisions that allow licensed research and educational institutions to take animals that are unclaimed after five days. It eliminates the mandate that a pound provide an institution with the requested number of animals from its pool of unclaimed animals. This section eliminates the noncompliance penalty of withdrawal of public funding and removes the cause of action for an injunction compelling the pound to release animals to an institution.
Section 3 [Release of animals] prohibits release of animals for any purpose except adoption or to improve chances for adoption or redemption by the owner or other placement in the best interest of the animal. This section allows temporary transfer to a veterinarian for sterilization or veterinary care.
Section 4 [Rules] removes provisions giving the Board of Animal Health the authority to inspect licensed institutions.
Section 5 [Violation; penalty] adds a criminal penalty of gross misdemeanor for violation of the unclaimed animal law under section 35.71.
Section 6 [Reclaimed] removes a cross-reference to deleted provisions. It provides that unclaimed dangerous dogs be disposed of in a manner permitted by law rather than by giving them to research institutions.
Section 7 [Subsequent offenses; seizure] removes a cross-reference to deleted provisions. It provides that a dangerous dog be destroyed rather than given to a research institution when the owner is convicted of a second violation of statutes for keeping a dangerous dog.
Section 8 [Repealer] repeals provisions for granting and revoking licenses to institutions to obtain animals from the pounds for research and educational purposes.