Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 108 Third Substitute (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• addresses the methods by which an animal shelter or animal control officer may euthanize an animal;
• requires an animal shelter that euthanizes animals to adopt a euthanasia policy and training program; and
• makes technical changes.

Every vote on this bill

Bill text

ANIMAL SHELTER REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Karianne Lisonbee
LONG TITLE
General Description:
This bill establishes requirements for animal shelters that euthanize animals.
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ addresses the methods by which an animal shelter or animal control officer may
euthanize an animal;
▸ requires an animal shelter that euthanizes animals to adopt a euthanasia policy and
training program; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-46-102
, as enacted by Laws of Utah 2011, Chapter 130
11-46-103
, as enacted by Laws of Utah 2011, Chapter 130
ENACTS:
11-46-401
, Utah Code Annotated 1953
11-46-402
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-46-102
 is amended to read:
11-46-102.
Definitions.
As used in this chapter:
(1) 
(a)
 "Animal" means a cat or dog.
(b) "Animal" does not include livestock, as that term is defined in Section 
4-1-109
.
(2) "Animal control officer" means any person employed or appointed by a county or a
municipality who is authorized to investigate violations of laws and ordinances concerning
animals, to issue citations in accordance with Utah law, and 
to
 take custody of animals as
appropriate in the enforcement of [
the
] laws and ordinances 
concerning animals
.
(3) 
(a)
 "Animal shelter" means a facility or program[
:
] 
that provides services for stray,
lost, or unwanted animals, including holding and placing the animals for adoption.
[
(a) providing services for stray, lost, or unwanted animals, including holding and
placing the animals for adoption, but does not include an institution conducting research on
animals, as defined in Section 
26-26-1
; or
]
[
(b) a private humane society or private animal welfare organization.
]
(b) "Animal shelter" includes a private humane society or private animal welfare
organization.
(c) "Animal shelter" does not include an institution, as that term is defined in Section
26-26-1
, that is conducting research on animals.
(4) "Person" means an individual, an entity, or a representative of an entity.
Section 2. Section 
11-46-103
 is amended to read:
11-46-103.
Stray animals.
(1) Each municipal or county animal control officer shall hold 
or cause to be held at an
animal shelter
 any unidentified or unclaimed stray animal in safe and humane custody for a
minimum of five business days after the time of impound and prior to making any final
disposition of the animal.
[
(2) A record of each animal held shall be maintained. The record shall include:
]
(2) An animal shelter shall ensure that a record of each held animal is maintained that
includes the:
(a) date of impound;
(b) date of disposition; and
(c) method of disposition, which may be:
(i) placement in an adoptive home or other transfer of the animal, which shall be in
[
compliance
] 
accordance
 with Part 2, Animal Shelter Pet Sterilization Act;
(ii) return to [
its
] 
the animal's
 owner;
(iii) placement in a community cat program as defined in Section 
11-46-302
; or
(iv) euthanasia 
in accordance with Part 4, Euthanasia of Shelter Animals
.
(3) An unidentified or unclaimed stray animal may be euthanized [
prior to
] 
before
 the
completion of the five working day minimum holding period to prevent unnecessary suffering
due to serious injury or disease[
,
] if the euthanasia [
is in compliance
] 
complies
 with
:
(a)
 written agency or department policies and procedures[
, and with
]
;
(b)
 [
any
] local ordinances [
allowing the euthanasia.
]
; and
(c) Part 4, Euthanasia of Shelter Animals.
(4) An unidentified or unclaimed stray animal shall be returned to [
its
] 
the animal's
owner upon:
(a) 
the establishment of
 proof of ownership;
(b) compliance with 
the
 requirements of [
local animal control
] 
applicable local
ordinances; and
(c) compliance with Part 2, Animal Shelter Pet Sterilization Act.
Section 3. Section 
11-46-401
 is enacted to read:
Part 4. Euthanasia of Shelter Animals
 11-46-401.
Euthanasia of shelter animals -- Permitted methods.
(1) Subject to Subsection (2), and except as provided in Subsection (3), on or after
October 1, 2023, an animal shelter may euthanize an animal only by administering a drug that
the U.S. Food and Drug Administration has approved for the euthanasia of an animal, as that
term is defined in this chapter.
(2) An animal shelter may euthanize an animal only by:
(a) intravenous injection by hypodermic needle;
(b) intraperitoneal injection by hypodermic needle; or
(c) if an animal is unconscious, intracardial injection by hypodermic needle.
(3) (a) Subsection (1) does not apply to an animal control officer who, subject to
Subsection (3)(b), euthanizes an animal in an emergency situation outside of an animal shelter's
facility or place of business.
(b) If an animal control officer euthanizes an animal in an emergency situation, the
officer shall use, in the officer's judgment, the most humane method available to the officer.
Section 4. Section 
11-46-402
 is enacted to read:
 11-46-402.
Animal shelter euthanasia training -- Documentation.
(1) If an animal shelter performs euthanasia on animals, the animal shelter shall:
(a) adopt a policy for euthanasia that mandates procedures that comply with the
applicable provisions of this part;
(b) adopt a euthanasia training program; and
(c) require each person who conducts or assists with euthanasia on behalf of the animal
shelter to attend a euthanasia training program at least once every two years.
(2) An animal shelter described in Subsection (1) shall:
(a) ensure that the euthanasia training program is taught by a veterinarian who is
licensed in accordance with Title 58, Chapter 28, Veterinary Practice Act; and
(b) maintain a record of training dates and who attended.