Bill Summary – FastDemocracy

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                                        S.292
 Introduced by Senator Watson
 Referred to Committee on
 Date:
 Subject: Public safety; animal welfare; Division of Animal Welfare; animal
            shelters and animal rescue organizations; importation of animals
 Statement of purpose of bill as introduced: This bill proposes to establish the
 Division of Animal Welfare at the Department of Public Safety to develop,
 implement, and administer a centralized program for investigating and
 enforcing animal welfare requirements in the State. The bill would also amend
 or establish standards for the operation of animal shelters and animal rescue
 organizations. In addition, the bill would amend or establish requirements for
 the importation or transportation of animals into the State.
    An act relating to animal welfare
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. FINDINGS AND PURPOSE
    (a) Findings. The General Assembly finds that for the purposes of Secs. 2–
 6 of this act:
         (1) The responsibility for upholding the animal welfare laws of the State
 of Vermont is fragmented and spread across various State agencies and VT LEG #369530 v.2
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 municipalities. Multiple agencies, municipalities, and individuals have
 individual and concurrent jurisdiction to enforce the animal welfare laws
 of the State.
       (2) Various statutorily delegated functions are not being discharged
 because of a lack of resources or expertise.
       (3) Vermont lacks a comprehensive program that upholds the animal
 welfare laws of the State through communication, education, and enforcement.
       (4) The lack of a comprehensive program that upholds the animal
 welfare laws of the State jeopardizes the health and safety of Vermonters and
 animals.
    (b) Purpose. The purpose of Secs. 2–6 of this act are to uphold the animal
 welfare laws of the State through communication, education, and enforcement
 to ensure the humane and proper treatment of animals and protect the health
 and safety of Vermonters.
 Sec. 2. 20 V.S.A. chapter 190 is added to read:
             CHAPTER 190. DIVISION OF ANIMAL WELFARE
                        Subchapter 1. General Provisions
 § 3201. DEFINITIONS
    As used in this subchapter:
       (1) “Animal” has the same meaning as in 13 V.S.A. § 351.
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       (2) “Director” means the Director of Animal Welfare and includes the
 Director’s designee.
       (3) “Division” means the Division of Animal Welfare.
       (4) “Domestic animal” has the same meaning as defined by 6 V.S.A.
 § 1151(2).
 § 3202. ESTABLISHMENT OF DIVISION OF ANIMAL WELFARE;
         POWERS AND DUTIES
    (a)(1) The Division of Animal Welfare is established within the
 Department of Public Safety. The Commissioner of Public Safety shall
 appoint a Director of Animal Welfare who shall be in immediate charge of the
 Division. The Director shall be qualified by education and professional
 experience to perform the duties of the position. The Director shall have at
 least the following minimum qualifications:
          (A) experience in interpreting or knowledge of animal welfare laws
 and rules;
          (B) knowledge of animal welfare stakeholders in the State and
 regionally; and
          (C) knowledge of the causes and characteristics of animal welfare
 and animal cruelty issues.
       (2) The Director position shall be a classified service position in the
 Department of Public Safety.
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    (b) The Director shall develop, implement, and administer a comprehensive
 program that upholds the animal welfare laws of the State through
 communication, education, and enforcement.
    (c) The Director shall oversee investigation and response to animal cruelty
 complaints in the State and shall develop a systematic, collaborative approach
 to providing the best services to Vermont’s animals statewide. Law
 enforcement and municipalities retain authority to enforce animal cruelty
 requirements in the State. In carrying out the duties of this section, the
 Director shall:
       (1) monitor the extent and scope of any deficiencies in Vermont’s
 system of investigating and responding to animal cruelty complaints;
       (2) ensure that investigations of animal cruelty complaints are
 systematic and documented and develop written standard operating procedures
 and checklists to support the objective investigation of cruelty complaints that
 include objective measures of both environmental and animal-based evidence
 of cruelty;
       (3) develop and update a plan to house and care for animals seized in
 response to complaints of animal cruelty, including how to pay for the care of
 seized animals;
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       (4) ensure that requests for voluntary compliance are made in writing,
 with clear requests and timelines, and include a timeline for the investigator to
 perform a follow-up visit to confirm actions taken;
       (5) develop a guide for animal cruelty prosecution, including a review of
 current sentencing recommendations for State’s Attorneys;
       (6) research the feasibility of developing and implementing an animal
 cruelty prevention and education program for offenders to be used as a part of
 offenders’ sentencing;
       (7) seek and accept funds from private and public sources of animal
 welfare funding;
       (8) amend rules or standards under this chapter to maintain compliance
 with the Association of Shelter Veterinarians’ Guidelines for Standards of Care
 in Animal Shelters, as those Standards are amended from time to time;
       (9) develop trainings, protocols, procedures, and guidance documents
 for law enforcement officers, municipal animal control officers, and State
 agencies engaging in animal welfare responsibilities;
       (10) authorize organizations that are not licensed in the State as an
 animal shelter or as an animal rescue organization to provide care and
 sanctuary to animals during emergencies or when necessary to provide
 adequate food or adequate shelter for the animal; and VT LEG #369530 v.2
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       (11) develop and identify funding sources for an animal cruelty
 investigation training program for law enforcement officers and animal control
 officers working for law enforcement.
    (d)(1) The Director of Animal Welfare shall hire employees necessary to
 carry out the Director’s duties and to assist in enforcing this chapter, chapter
 200 of this title, and 13 V.S.A. chapter 8.
       (2)(A) The Director may assist or receive assistance from Level III
 certified law enforcement officers or trained animal control officers employed
 by law enforcement agencies in responding to animal cruelty complaints and
 enforcement of the State’s animal welfare laws.
            (B) The Director may request that animal shelters, animal rescue
 organizations, or other entities assist in the response to animal cruelty
 complaints, including the provision of veterinary care, sanctuary, or shelter.
 § 3203. ANIMAL WELFARE ADVISORY COUNCIL
    (a) There is created the Animal Welfare Advisory Council to advise the
 Director of Animal Welfare on matters pertaining to animal welfare.
    (b) The Council consists of 15 members appointed by the Governor as
 follows:
       (1) one member to represent the interests of the Vermont League of
 Cities and Towns;
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       (2) three members to represent licensed animal shelters or animal rescue
 organizations;
       (3) one member to represent the interests of dog breeders and associated
 groups;
       (4) one member to represent the interests of veterinarians;
       (5) one member to represent the interests of the Vermont Criminal
 Justice Council;
       (6) one member to represent licensed boarding kennels;
       (7) one member to represent licensed pet shops or pet food suppliers;
       (8) one member who owns a pet to represent the interests of the public
 in animal welfare, generally;
       (9) one member who is an attorney with experience in animal welfare
 law or prosecutorial experience within the State court system;
       (10) one member who is a Level III certified law enforcement officer
 who is trained as a humane officer and who has experience in animal cruelty
 investigations;
       (11) one member with expertise in equine care;
       (12) one member with expertise in management of domestic animals
 representing a statewide farming organization; and
       (13) one municipal animal control officer.
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    (c) The Division of Animal Welfare shall provide necessary staffing
 services to the Council.
    (d) Members of the Council who are not employees of the State of
 Vermont and who are not otherwise compensated or reimbursed for their
 attendance shall be entitled to per diem compensation and reimbursement of
 expenses pursuant to 32 V.S.A. § 1010, paid from the budget of the Agency of
 Administration for attendance of meetings of the Council.
    (e) Each member of the Council shall serve for a term of three years or
 until the member’s successor has been appointed, except that of the members
 first appointed, the Governor shall designate five members for a term of one
 year, five members for a term of two years, and five members for a term of
 three years. In the case of a vacancy for any reason, the Governor shall
 appoint a member representing the same interest to fill the unexpired term.
    (f) The Council shall elect one of its members as chair. The Chair shall
 serve for a two-year period. The Council shall hold regular public meetings
 every other month but may waive by majority vote a succeeding meeting. The
 Chair shall call special meetings of the Council whenever requested in writing
 by two or more Council members.
    (g) The Council shall perform the following duties:
       (1) consult with and advise the Director of Animal Welfare on proposed
 revisions to the animal welfare laws and rules;
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       (2) assist the Director of Animal Welfare in the continuing
 implementation and evaluation of the animal welfare laws and rules;
       (3) review training programs for law enforcement officers and municipal
 animal control officers and make recommendations for training appropriate to
 the duties of law enforcement officers and municipal animal control officers;
       (4) research sources of public or private funding that the Director could
 pursue for deposit to the Animal Welfare Fund to ensure funding for the
 administration and enforcement of the animal welfare laws and rules;
       (5) periodically evaluate the adequacy of existing funding for
 administration and enforcement of the State’s animal welfare laws and make
 recommendations to the Director for increased funding if existing funding is
 determined to be inadequate; and
       (6) advise the Director on other matters related to the State’s animal
 welfare laws.
 § 3204. RULEMAKING
    The Director, after consultation with the Animal Welfare Advisory Council,
 may adopt rules necessary for the proper administration, implementation,
 enforcement, and interpretation of this chapter or any provision of law that the
 Director is charged with administering.
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 § 3205. ANNUAL REPORT
    Beginning on January 15, 2025, and annually thereafter, the Director of
 Animal Welfare shall submit to the Senate Committees on Judiciary, on
 Agriculture, and on Finance and the House Committees on Judiciary; on
 Agriculture, Food Resiliency, and Forestry; and on Ways and Means a report
 regarding the activities of the Division of Animal Welfare. The report shall
 include:
       (1) a summary of the animal cruelty cases investigated by the Division
 of Animal Welfare and a summary of final dispositions of those cases;
       (2) an accounting of the Animal Welfare Fund and the Animal Welfare
 Auxiliary Fund;
       (3) a list of licensed animal shelters and animal rescue organizations in
 the State;
       (4) the number of animal intakes, transfers, adoptions, animals that died
 in care, and euthanasia conducted or directed under the control of animal
 shelters and animal rescue organizations in the State;
       (5) a list of the pet shops and pet dealers licensed in the State; and
       (6) the number of complaints filed against or investigations initiated
 against animal shelters or animal rescue organizations in the State.
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 § 3206. ANIMAL WELFARE FUND
    (a) The Animal Welfare Fund is established within the Department of
 Public Safety to fund the expenses incurred by the Division of Animal Welfare
 in implementing the requirements of this chapter, chapter 200 of this title, and
 animal cruelty investigations in general. The Director of Animal Welfare shall
 administer the Fund.
    (b) The Fund shall consist of:
       (1) the animal welfare surcharge assessed on commercial feed products
 under 6 V.S.A. § 324(d)(2);
       (2) 50 percent of the revenue collected from the surcharge assessed
 under subsection 3581(f) of this title; and
       (3) appropriations made by the General Assembly.
    (c) All balances in the Fund at the end of the fiscal year shall be carried
 forward. Interest earned by the Fund shall remain in the Fund.
        Subchapter 2. Animal Shelters and Animal Rescue Organizations
 § 3221. DEFINITIONS
    As used in this subchapter:
       (1) “Adequate food” has the same meaning as in 13 V.S.A. § 351.
       (2) “Adequate water” has the same meaning as in 13 V.S.A. § 351.
       (3) “Ambient temperature” means the temperature surrounding the
 animal.
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        (4) “Animal” means:
               (A) any domestic pet;
               (B) any domestic animal; or
               (C) any wild animal authorized by the Commissioner of Fish and
 Wildlife to be possessed.
        (5)(A) “Animal rescue organization” means any person who:
                 (i) accepts more than five animals in a calendar year for the
 purpose of providing sanctuary or finding adoptive homes for the animals;
                 (ii) maintains at least one facility or property in the State for the
 purposes of the animal rescue organization; and
                 (iii) is subject to the animal care requirements of section 3222 of
 this title.
               (B) For purposes of compliance with the animal care requirements of
 section 3222 of this title, an “animal rescue organization” includes individuals
 providing temporary foster care to animals in their home or on their property
 for a person licensed as an animal rescue organization.
        (6) “Animal shelter” means a facility in Vermont that is used to house or
 contain animals and i