Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-1006, Arizona Revised
Statutes, is amended to read:
START_STATUTE11-1006. Hearing officer; hearing on civil
violations; post seizure hearing; additional remedies
A. A county board of supervisors that establishes a
civil penalty for violating an animal statute or ordinance may appoint one or
more hearing officers to hear and determine such cases. The board
may appoint a county employee to serve as hearing officer in addition to his the employee's other work.
B. The hearing officer shall hold a hearing on each violation
reported by the county enforcement agent. Notice of the hearing
shall be served personally on the defendant at least ten days before the
hearing. The county enforcement agent shall use a uniform traffic ticket and
complaint for civil traffic cases pursuant to the rules of procedure in traffic
cases adopted by the supreme court, modified as applicable, in citing persons
for violations of ordinances adopted with a civil penalty pursuant to section
11-1005, subsection A, paragraph 6, subdivision (b).
C. At the hearing the county enforcement agent shall
present evidence of the violation and the defendant, or his the
defendant's attorney or other designated representative, shall
have an opportunity to present evidence. The county attorney may represent and
present evidence for the county enforcement agent.
D. At the conclusion of the hearing the hearing
officer shall determine whether a violation occurred and, if so, impose civil
penalties provided for under section 11-1005, subsection A, paragraph 6,
subdivision (b). Monies collected for civil penalties shall be
deposited in the county general fund. The board of supervisors shall
adopt, in the same manner as the animal ordinances, written rules of procedure
for the hearings and review of hearings. Final decisions of the
hearing officer under this subsection are subject to judicial review under
title 12, chapter 7, article 6.
E. If the
county enforcement agent or a peace officer seizes or impounds an animal based
on a reasonable belief that prompt action is required to protect the health or
safety of the animal or the health or safety of others, the agent or officer
shall provide notice to the owner or keeper of the animal, if known, of the
opportunity for a post seizure hearing to determine the validity of the seizure
or impoundment.
E. F. In addition to
other remedies provided by law, the board of supervisors, the county attorney,
the county enforcement agent or a private individual or other entity that is
specially damaged by a violation of an animal statute or ordinance may
institute an injunction, mandamus, abatement or other appropriate action or
proceeding to prevent or abate the violation. END_STATUTE
Sec. 2. Section
11-1013, Arizona Revised Statutes, is amended to read:
START_STATUTE11-1013. Establishment of county pounds;
impounding and disposing of dogs and cats; reclaiming impounded dogs and cats;
pound fees
A. The board of
supervisors in each county may provide or authorize a county pound or pounds or
enter into a cooperative agreement with a city, a veterinarian or an Arizona
incorporated humane society for the establishment and operation of a county
pound.
B. Any stray dog shall be impounded. All
dogs and cats impounded shall be given proper care and maintenance.
C. Each stray dog or any cat impounded shall be kept
and maintained at the county pound for a
minimum of at least seventy-two
hours or one hundred twenty hours for a
licensed animal, unless claimed by its owner. Any
person may purchase such a dog or cat upon
on expiration of the
impoundment period, provided such
if the person pays all
pound fees established by the county board of supervisors and complies with the
licensing and vaccinating provisions of this article. If such dog or
cat is to be used for medical research, no license or vaccination shall be
required.
D. Any impounded licensed dog or any cat may be
reclaimed by its owner or such owner's agent provided that the person reclaiming
the dog or cat furnishes proof of his
the person's right to do
so and pays all pound fees established by the board of
supervisors. Any person purchasing such a dog or cat shall pay all
pound fees established by the board of supervisors.
E. If the dog or cat is not reclaimed within the
impoundment period, the county enforcement agent shall take possession of and
may place the dog or cat for sale or may dispose of the dog or cat in a humane
manner. The county enforcement agent may destroy impounded sick or
injured dogs or cats if destruction is necessary to prevent the dog or cat from
suffering or to prevent the spread of disease. END_STATUTE
Sec. 3. Section 11-1021, Arizona Revised
Statutes, is amended to read:
START_STATUTE11-1021. Proper care, maintenance, release and
destruction of impounded animals
A. Any animal impounded in a county, city or town
pound shall be given proper and humane
care and maintenance necessary
and prompt humane care, adequate nutrition, water and shelter and kind
treatment.
B. If the
animal has any identification, the pound shall make a reasonable attempt to
notify the owner of the animal's location.
C. If the
pound has fewer than three full‑time employees or is not open during all
regular weekday business hours, it shall establish a procedure that enables
owners to reclaim their animals by appointment at a mutually agreeable time
when the pound would otherwise be closed.
D. Before
destroying an impounded animal for any reason other than irremediable suffering
or to prevent the spread of disease, the pound may release the animal to a
county‑approved nonprofit animal rescue or adoption organization at the
request of the organization. In addition to any required
sterilization deposit, the pound may assess a fee, not to exceed the adoption
fee, for the release of the animal.
E. A feral
cat shall be kept and maintained at the pound for at least seventy‑two
hours. The pound shall verify whether the animal is a feral cat using a
standardized protocol. For the purposes of this subsection,
"feral cat" means a cat that does not have owner identification of
any kind, whose usual and consistent temperament is extreme fear of and resistance
to contact with people and that is totally unsocialized to people.
B. F. Any animal
destroyed while impounded in a county, city or town pound shall be destroyed
only by the use of one of the following:
1. Sodium pentobarbital or a derivative of sodium
pentobarbital.
2. Nitrogen gas.
3. T-61 euthanasia solution or its generic
equivalent.
C. G. If an animal is
destroyed by means specified in subsection B F,
paragraph 1 or 3 of this section, it shall be done by a licensed veterinarian
or in accordance with procedures established by the state veterinarian pursuant
to section 3-1213.
D. H. The governing
body of any county, city or town which
that operates a pound
shall establish procedures for the humane destruction of impounded animals by
the methods described in subsections B
F and C G
of this section. END_STATUTE
Sec. 4. Title 11, chapter 7, article 6.1,
Arizona Revised Statutes, is amended by adding sections 11-1021.01 and 11‑1021.02,
to read:
START_STATUTE11-1021.01. Adoptable animals; impoundment records
A. An
adoptable animal shall not be euthanized if it can be adopted into a suitable
home. Adoptable animals include only those animals that are eight weeks of age
or older and that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a behavioral or
temperamental defect that could pose a health or safety risk or otherwise make
the animal unsuitable for placement as a pet and have manifested no sign of
disease, injury or congenital or hereditary condition that adversely affects
the health of the animal or that is likely to adversely affect the animal's
health in the future.
B. Any pound
or animal shelter shall keep accurate records on each animal taken up,
medically treated, destroyed or impounded. The records shall include the
following information:
1. The date
the animal was taken up, medically treated, destroyed or impounded.
2. The circumstances
under which the animal was taken up, medically treated, destroyed or impounded.
3. A
description of any medical treatment provided to the animal and the name of the
veterinarian of record.
4. The final
disposition of the animal.
C. The records
shall be maintained for at least three years after the date the animal's
impoundment ends. END_STATUTE
START_STATUTE11‑1021.02. Lost and found posting
Any pound or animal
shelter shall provide the owners of lost animals and persons who find lost
animals with all of the following:
1. The
ability to post the animals they have lost or found.
2. The
ability to access other postings of lost or found animals.
3. The
telephone numbers and addresses of other pounds and shelters in the same area.
4. Advice as
to means of publishing and disseminating information regarding lost animals.
5. The
telephone numbers and addresses of volunteer groups that may be of assistance
in locating lost animals. END_STATUTE
Sec. 5. Section 13-2910, Arizona Revised
Statutes, is amended to read:
START_STATUTE13‑2910. Cruelty to animals; interference with
working or service animal; classification; definitions
A. A person commits cruelty to animals if the person
does any of the following:
1. Intentionally, knowingly or recklessly subjects
any animal under the person's custody or control to cruel neglect or
abandonment.
2. Intentionally, knowingly or recklessly fails to
provide medical attention necessary to prevent protracted suffering to any
animal under the person's custody or control.
3. Intentionally, knowingly or recklessly inflicts
unnecessary physical injury to any animal.
4. Recklessly subjects any animal to cruel
mistreatment.
5. Intentionally, knowingly or recklessly kills any
animal under the custody or control of another person without either legal
privilege or consent of the owner.
6. Recklessly interferes with, kills or harms a
working or service animal without either legal privilege or consent of the
owner.
7. Intentionally, knowingly or recklessly leaves an
animal unattended and confined in a motor vehicle and physical injury to or death
of the animal is likely to result.
8. Intentionally or knowingly subjects any animal
under the person's custody or control to cruel neglect or abandonment that
results in serious physical injury to the animal.
9. Intentionally or knowingly subjects any animal to
cruel mistreatment.
10. Intentionally or knowingly interferes with,
kills or harms a working or service animal without either legal privilege or
consent of the owner.
11. Intentionally or knowingly allows any dog that
is under the person's custody or control to interfere with, kill or cause
physical injury to a service animal.
12. Recklessly allows any dog that is under the
person's custody or control to interfere with, kill or cause physical injury to
a service animal.
13. Intentionally or knowingly obtains or exerts
unauthorized control over a service animal with the intent to deprive the
service animal handler of the service animal.
B. It is a defense to subsection A of this section
if:
1. Any person exposes poison to be taken by a dog that
has killed or wounded livestock or poison to be taken by predatory animals on
premises owned, leased or controlled by the person for the purpose of
protecting the person or the person's livestock or poultry, and the treated property is kept posted by the
person who authorized or performed the treatment until the poison has been
removed, and the
poison is removed by the person exposing the poison after the threat to the
person, or the
person's livestock or poultry has ceased to exist. The posting required shall
provide adequate warning to persons who enter the property by the point or
points of normal entry. The warning notice that is posted shall be readable at
a distance of fifty feet, shall contain a poison statement and symbol and shall
state the word "danger" or "warning".
2. Any person uses poisons in and immediately around
buildings owned, leased or controlled by the person for the purpose of
controlling wild and domestic rodents as otherwise allowed by the laws of the
state, excluding any fur‑bearing animals as defined in section 17‑101.
C. This section does not prohibit or restrict:
1. The taking of wildlife or other activities
permitted by or pursuant to title 17.
2. Activities permitted by or pursuant to title 3.
3. Activities regulated by the Arizona game and fish
department or the Arizona department of agriculture.
D. A peace officer, animal control enforcement agent
or animal control enforcement deputy may use reasonable force to open a vehicle
to rescue an animal if the animal is left in the vehicle as prescribed in
subsection A, paragraph 7 of this section.
E. A person who is convicted of a violation of
subsection A, paragraph 6 or 10 of this section is liable as follows:
1. If the working or service animal was killed or
disabled, to the owner or agency that owns the working or service animal and
that employs the handler or to the owner or handler for the replacement and
training costs of the working or service animal and for any veterinary bills.
2. To the owner or agency that owns a working or
service animal for the salary of the handler for the period of time that the
handler's services are lost to the owner or agency.
3. To the owner for the owner's contractual losses
with the agency.
F. An incorporated city or town or a county may
adopt an ordinance with misdemeanor provisions at least as stringent as the
misdemeanor provisions of this section.
G. As a
condition of probation, the court may prohibit a person who is convicted of a
violation of this section from owning animals.
G. H. A person who
violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 12 of this section is
guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph
8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony.
H. I. For the purposes
of this section:
1. "Animal" means a mammal, bird, reptile
or amphibian.
2. "Cruel mistreatment" means to torture
or otherwise inflict unnecessary serious physical injury upon an animal or to
kill an animal in a manner that causes protracted suffering to the animal.
3. "Cruel neglect" means to fail to
provide an animal with necessary food, water or shelter.
4. "Handler" means a law enforcement
officer or any other person who has successfully completed a course of training
prescribed by the person's agency or the service animal owner and who used a
specially trained animal under the direction of the person's agency or the
service animal owner.
5. "Service
animal" means an animal that has completed a formal training program, that
assists its owner in one or more daily living tasks that are associated with a
productive lifestyle and that is trained to not pose a danger to the health and
safety of the general public.
6. "Working
animal" means a horse or dog that is used by a law enforcement agency,
that is specially trained for law enforcement work and that is under the
control of a handler. END_STATUTE
Sec. 6. Section 28-2422.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE28-2422.02. Spaying and neutering of animals fund;
definitions
A. The spaying and neutering of animals fund is
established consisting of monies received pursuant to section 28‑2422 and voluntary cash contributions made
pursuant to section 43‑1073.01. The companion
animal spay and neuter committee shall administer the fund. The first thirty‑two
thousand dollars received shall be reimbursed to the entity that paid the
implementation fee to the department of transportation pursuant to section 28‑2422.
Excluding the initial thirty‑two thousand dollar reimbursement, not more
than ten per cent of monies deposited in the fund annually shall be used for
the cost of administering the fund. Monies in the fund are continuously
appropriated.
B. The companion animal spay and neuter committee
shall allocate monies to a qualifying entity that allocates the monies to
programs that seek to reduce pet overpopulation by sterilizing, at minimal or
no cost, dogs and cats in this state,
including those that are impounded and sterilized pursuant to section 11‑1022.
The companion animal spay and neuter committee shall annually distribute all
monies deposited in the spaying and neutering of animals fund, excluding
administrative fees, to any qualifying entities. Funds awarded pursuant to this
section shall not be used to sterilize animals that may be euthanized unless
euthanasia becomes necessary due to illness, injury or behavior.
C. On notice from the companion animal spay and
neuter committee, the state treasurer shall invest and divest monies in the
fund as provided by section 35‑313, and monies earned from investment
shall be credited to the fund.
D. Monies in the fund are exempt from the provisions
of section 35‑190 relating to lapsing of appropriations.
E. Before allocating monies pursuant to subsection B
of this section:
1. The companion animal spay and neuter committee
shall prepare and issue a request for donation application that includes at
least the following information:
(a) A description of the project types eligible for
funding, including the scope of the work to be performed by an awardee.
(b) Identification of the funding source and the
total amount of available monies.
(c) Whether a single award or multiple awards may be
made.
(d) Encouragement of collaboration by entities for
community partnerships, if appropriate.
(e) Any additional information required by the
applications.
(f) The criteria or factors under which an
application will be evaluated for award and the relative importance of each
criteria or factor.
(g) The due date for submittal of an application and
the anticipated time the awards may be made.
2. Adequate public notice of the request for
donation application shall be given a reasonable time before the date set forth
in the request for application. The notice may include publication one or more
times in a newspaper of general circulation in this state a reasonable time
before the application opening.
3. A preapplication conference may be conducted before
the due date for the submittal of an application to explain the donation
application requirements. Statements made at a preapplication conference are
not amendments to a request for a donation application unless a written
amendment is issued.
4. A donation application shall be publicly received
at the time and place designated in the request for donation
application. The name of each applicant shall be publicly read and
recorded. All other information in the donation application is
confidential during the process of evaluation. All applications shall be open
for public inspection after donations are awarded. To the extent the applicant
designates and the state concurs, trade secrets and other proprietary
information contained in the application shall remain confidential.
5. An application shall be evaluated by at least
four evaluators who are members of the companion animal spay and neuter
committee. The evaluators may allow an applicant to make an oral or
written presentation regarding the scope of work, terms and conditions of the
donations, budget and other relevant matters set forth in the request for
application. An applicant shall be accorded fair treatment with
respect to any opportunity for oral or written presentations. The
evaluators may require an applicant to revise the application to reflect
information provided in an oral or written presentation. Any person
who has information contained in the application of competing applicants shall
not disclose that information.
6. The evaluators shall review each application
based solely on the evaluation criteria or factors set forth in the request for
donation application. Each evaluator shall maintain a written record
of the evaluator's assessment of each application, which shall include comments
regarding compliance with each evaluation criteria or factor, the citation of a
specific criteria or factor as the basis of each stated strength or weakness
and a clear differentiation between comments based on facts presented in the
application and comments based on professional judgment.
7. The evaluators shall make award recommendations
to the companion animal spay and neuter committee based on the evaluators'
reviews of each application. The evaluators' recommendations may include the
adjustment of the budgets of the applicants individually or collectively.
8. The companion animal spay and neuter committee
may affirm, modify or reject the evaluators' recommendations in whole or in
part. Modification of the evaluators' recommendations may include
the adjustment of the budget on any proposed award individually or on all
awards by an amount or percentage. If the companion animal spay and neuter
committee modifies or rejects the recommendations, the committee shall document
in writing the specific justifications for the action taken.
9. The companion animal spay and neuter committee
may enter into agreements with other state governmental units to furnish
assistance in conducting the solicitation of donation applications.
10. The companion animal spay and neuter committee
may resolve protests of the award or proposed award of a
donation. An appeal from a decision of the companion animal spay and
neuter committee may be made to the director of the department of
administration. A protest of an award or proposed award of a
donation and any appeals shall be resolved in accordance with the rules of
procedure adopted by the department of administration pursuant to section 41‑2611.
F. On or before December 31 of each year, the
companion animal spay and neuter committee shall submit a written report to the
governor, the president of the senate and the speaker of the house of
representatives on all expenditures made from the fund in that calendar
year. The report shall include all administrative expenses, all
grants of monies, the names of grantees and any remaining balance in the
fund. The committee shall provide a copy of the report to the
secretary of state and the director of the Arizona state library, archives and
public records.
G. The companion animal spay and neuter committee
shall make available to the public a list of all grants awarded pursuant to
this section.
H. For the purposes
of this section:
1. "Donation"
means furnishing financial or other assistance, including state monies or
federal grant monies, by the companion animal spay and neuter committee to any
qualifying entity that allocates the monies to programs that seek to reduce pet
overpopulation by sterilizing, at minimal or no cost, dogs and cats in this
state that are owned by the general public or that are impounded and sterilized
pursuant to section 11‑1022.
2. "Qualifying
entity" means either of the following:
(a) An animal welfare
organization that files under section 501(c)(3) of the United States internal
revenue code for federal income tax purposes and that offers or subsidizes
sterilization services of dogs and cats, including organizations represented on
the companion animal spay and neuter committee.
(b) An animal control agency that offers or
subsidizes sterilization services of dogs and cats, including organizations
represented on the companion animal spay and neuter committee. END_STATUTE
Sec. 7. Section 43-222, Arizona Revised
Statutes, is amended to read:
START_STATUTE43-222. Income tax credit review schedule
Each year the
joint legislative income tax credit review committee shall review the following
income tax credits:
1. In 2007, sections 43‑1077,
43‑1078, 43‑1079, 43‑1080, 43‑1165, 43‑1166, 43‑1167
and 43‑1169.
2. In 2008, sections 43‑1074.01,
43‑1081, 43‑1168, 43‑1170 and 43‑1178.
3. In 2009, sections 43‑1076,
43‑1081.01, 43‑1084, 43‑1162 and 43‑1170.01.
4. In 2010, sections 43‑1075,
43‑1075.01, 43‑1079.01, 43‑1087, 43‑1088, 43‑1090.01,
43‑1163, 43‑1163.01, 43‑1167.01, 43‑1175 and 43‑1182.
5. In 2011, sections 43‑1074.02, 43‑1083,
43‑1085, 43‑1164 and 43‑1183.
6. In 2012, sections 43‑1073, 43‑1086,
43‑1089, 43‑1089.01, 43‑1089.02, 43‑1090, 43‑1176
and 43‑1181.
7. In 2014,
section 43-1073.01.END_STATUTE
Sec. 8. Title 43, chapter 10, article 5,
Arizona Revised Statutes, is amended by adding section 43-1073.01, to read:
START_STATUTE43-1073.01. Credit for spay or neuter expenses;
definition
A. A credit
is allowed against the taxes imposed by this title for voluntary cash
contributions made by the taxpayer during the taxable year to the spaying and
neutering of animals fund established by section 28‑2422.02 or to a
qualifying animal shelter to defray the costs for spay or neuter services, but
not exceeding:
1. Ten
dollars in any taxable year for a single individual or a head of household.
2. Twenty
dollars in any taxable year for a married couple filing a joint return.
B. A husband
and wife who file separate returns for a taxable year in which they could have
filed a joint return may each claim only one-half of the tax credit that would
have been allowed for a joint return.
C. If the
allowable tax credit exceeds the taxes otherwise due under this title on the
claimant's income, or if there are no taxes due under this title, the taxpayer
may carry forward the amount of the claim not used to offset the taxes under
this title for not more than five consecutive taxable years' income tax
liability.
D. For the
purposes of this section, "qualifying animal shelter" means a county
pound established pursuant to section 11‑1013. END_STATUTE
Sec. 9. Legislative findings; purposes
A. The legislature finds and declares the following;
1. That public and private shelters and humane
organizations share a common purpose in saving animals' lives, preventing
animal suffering and eliminating animal abandonment.
2. That public and private shelters and humane
groups should work together to end euthanasia of adoptable and treatable
animals by 2020.
B. The legislature encourages private citizens to
support spaying and neutering of animals through purchase of the spaying and
neutering of animals special plates and by providing other monetary donations
to animal shelters to defray the costs for spay and neuter services.
C. Pursuant to section 43-223, Arizona Revised
Statutes, the legislature enacts section 43-1073.01, Arizona Revised Statutes,
as added by this act, to encourage taxpayers to make voluntary cash
contributions to the spaying and neutering of animals fund established by
section 28-2422.02, Arizona Revised Statutes, as amended by this act, and to
qualifying animal shelters.
Sec. 10. Short title
This act may be cited as the "No Kill Animal Shelter
Act".
