Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 478 First Substitute (2024GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• authorizes the Department of Agriculture and Food to impose civil penalties for certain violations;
• establishes requirements for animal care by an animal care facility or a dog breeder;
• criminalizes a violation of the animal care requirements as an infraction; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ANIMAL CARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
 Jen Plumb
LONG TITLE
General Description:
This bill addresses the care of animals.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ authorizes the Department of Agriculture and Food to impose civil penalties for
certain violations;
▸ establishes requirements for animal care by an animal care facility or a dog breeder;
▸ criminalizes a violation of the animal care requirements as an infraction; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
4-2-903
, Utah Code Annotated 1953
76-9-301.9
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-2-903
 is enacted to read:
 4-2-903.
Animal care violations.
(1) "Animal care facility" means the same as that term is defined in Section
76-9-301.9
.
(2) "Dog breeder" means the same as that term is defined in Section 
76-9-301.9
.
(3) The department may, in accordance with this section and as resources allow,
respond to a complaint that a dog breeder or an animal care facility has violated Subsection
76-9-301
(2)(a) or Section 
76-9-301.9
.
(4) If the department determines that a person has violated Subsection 
76-9-301
(2)(a)
or Section 
76-9-301.9
, the department may:
(a) impose a civil fine of up to $1,000 per violation;
(b) seek a temporary restraining order;
(c) seek an injunction;
(d) seek an order of seizure or condemnation for an animal that is the subject of the
violation, if the department has identified a suitable animal care facility that accepts custody of
the animal; or
(e) report the circumstances to law enforcement or a prosecutor.
(5) An action by the department under Subsection (4) may precede and does not
preclude a criminal penalty or criminal prosecution under Section 
76-9-301
 or 
76-9-301.9
.
(6) The department shall deposit a fine imposed under Subsection (4) into the General
Fund as a dedicated credit to be used by the department for enforcement of this section.
Section 2. Section 
76-9-301.9
 is enacted to read:
 76-9-301.9.
Animal care facilities and breeders -- Definitions -- Penalty.
(1) As used in this section:
(a) "Animal care facility" means an animal rescue, animal sanctuary, or animal shelter.
(b) "Animal rescue" means a person that:
(i) accepts companion animals for the purpose of finding a permanent home for each
companion animal;
(ii) does not maintain a central facility for keeping companion animals; and
(iii) uses a system of temporarily fostering the companion animals in a private
residence or boarding facility.
(c) "Animal sanctuary" means a nonprofit entity, other than a government entity, that:
(i) harbors companion animals; and
(ii) is used exclusively for the purpose of indefinitely caring for, rehabilitating, or
housing companion animals.
(d) (i) "Animal shelter" means a person that operates a facility for the impoundment or
care of companion animals.
(ii) "Animal shelter" does not include an animal rescue.
(e) "Boarding facility" means a facility where a companion animal is kept for the
purpose of caring for the companion animal.
(f) "Companion animal" means an animal that is a domestic dog or a domestic cat.
(g) (i) "Dog breeder" means a person that breeds dogs for the primary or express
purpose of selling, trading, bartering, or otherwise transferring dogs to another person for
profit.
(ii) "Dog breeder" does not include a person that:
(A) produces no more than one litter per calendar year;
(B) breeds only livestock guardian dogs as defined in Section 
76-6-111
; or
(C) breeds only dogs raised to work on a farm or ranch.
(h) "Facility" means a location other than a private residence.
(2) For a dog in a dog breeder's or an animal care facility's possession, the dog breeder
or animal care facility shall ensure that:
(a) a pregnant dog receives at least one prenatal or postpartum visit with a licensed
veterinarian;
(b) a female dog does not produce more than one litter in any twelve-month period,
unless a licensed veterinarian has examined the female dog and has determined that it is safe
for the dog to produce more than one litter in a twelve-month period; and
(c) a dog under eight weeks of age or a dog not properly weaned is not sold.
(3) An animal care facility shall keep records:
(a) identifying, to the best of the animal care facility's knowledge, an animal's owner at
the time the animal care facility acquires the animal; and
(b) documenting dangerous behaviors, if any, heath conditions, and medical care for an
animal in the dog breeder's or animal care facility's possession.
(4) (a) A dog breeder's or an animal care facility's violation of a requirement described
in this section is an infraction subject to a fine of $750.
(b) A prosecution under this section does not preclude a prosecution for any other
criminal offense.
(5) It is a defense to the penalty imposed under this section that the conduct of the actor
toward the animal was:
(a) by a licensed veterinarian using accepted veterinary practice;
(b) directly related to bona fide experimentation for scientific research, provided that if
the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless
directly necessary to the veterinary purpose or scientific research involved;
(c) permitted under Section 
18-1-3
;
(d) by a person who humanely destroys any animal found suffering past recovery for
any useful purpose; or
(e) by a person who humanely destroys any apparently abandoned animal found on the
person's property.
(6) This section does not prohibit the use of animals in lawful training.
(7) A veterinarian who, acting in good faith, reports a violation of this section to law
enforcement or the Department of Agriculture and Food in accordance with Section 
4-2-903
may not be held civilly liable for making the report.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.