Chapter 0351 - 522R - H Ver of SB1248

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-499.04, Arizona Revised Statutes, is amended to read:

START_STATUTE9-499.04. Animal control officers; appointment; authority; regulation of dogs; powers and duties

A. Any city and town may by ordinance provide for the appointment of animal control officers who may commence an action or proceeding before a court for any violation of a state statute or local ordinance relating to rabies and animal control ~~which~~ that occurs within the jurisdiction of the city or town.

B. An animal control officer appointed pursuant to subsection A of this section shall:

1. Be unarmed during the course of duties except that a small caliber firearm may be available to be used in controlling vicious animals or in dispatching of a wounded animal. In For the purposes of this paragraph, "small caliber firearm" means a rifle or pistol utilizing a rimfire cartridge with a caliber not to exceed twenty‑two hundredths of an inch and with a non‑richocheting bullet or a shotgun whose bore size ~~shall~~ does not exceed forty‑one hundredths of an inch.

2. Be an employee of the appointing city or town.

C. A city or town may regulate the control of dogs if the regulation is not specific to any breed.

C. D. Subsection B of this section ~~shall not be construed to~~ does not grant other powers or benefits to animal control officers to which peace officers of this state are entitled. END_STATUTE

Sec. 2. Section 11-1005, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1005. Powers and duties of board of supervisors

A. Each county board of supervisors may:

1. Designate or employ a county enforcement agent. If such designation or employment is not made, the county sheriff shall be the county enforcement agent, but nothing in this article shall be deemed to prevent the county board of supervisors from designating or employing a county enforcement agent at any time it is deemed necessary or advisable.

2. Provide the county enforcement agent with such personnel and equipment as are necessary to enforce ~~the provisions of~~ this article and the rules adopted under this article.

3. Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific to any breed.

4. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the running at large of dogs, except dogs used for control of livestock or while being used or trained for hunting.

5. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the excessive and unrestrained barking of dogs.

6. Establish either:

(a) Criminal penalties not to exceed the penalties for a class 2 misdemeanor for violation of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection.

(b) Civil penalties for violations of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection, not to exceed five hundred dollars for each violation.

B. Fines received for violation of an ordinance adopted with a criminal penalty pursuant to subsection A, paragraph 6, subdivision (a) of this section shall be deposited in a special, permanent, nonlapsing and nonreverting county fund to be used solely for the operation of the county enforcement agency.

C. Each county board of supervisors may establish pound fees for impounding and maintaining animals at the county pound or any pound used by the county.

D. The county board of supervisors shall be responsible for declaring a rabies quarantine area within its jurisdiction on a recommendation of the county board of health or the local health department. If a rabies quarantine area is declared, the county board of supervisors shall meet with the county board of health and the county enforcement agent and institute an emergency program for the control of rabies within that area provided that any regulations restricting or involving the movement of livestock within that area shall be developed by the state veterinarian. END_STATUTE

Sec. 3. Section 44-1799.08, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.08. Civil penalties; enforcement actions

A. Except as provided in subsection B or C of this section, a pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation.

B. In an action brought by a city, town or county to enforce an ordinance against a pet store or pet dealer who knowingly obtains a dog or cat for sale or resale in violation of section 44-1799.10, subsection a or b or who should have known the dog or cat was obtained for sale or resale in violation of section 44-1799.10, subsection A or B, the pet store or pet dealer is subject to the following penalties:

1. For a first violation, a civil penalty of not more than one thousand dollars per violation.

2. For a second violation within a five-year period, a civil penalty of not more than two thousand five hundred dollars per violation.

3. For a third or subsequent violation within a five-year period:

(a) A civil penalty of not more than five thousand dollars per violation.

(b) An order entered by the court enjoining the pet store or pet dealer from selling or offering for sale, for up to three years, a dog or cat obtained from any person other than a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.

C. In an action brought to enforce section 44-1799.10, subsection a or b:

1. A violation is a subsequent violation if it occurs within a five‑year period after a final judgment or order that the pet store or pet dealer knowingly violated section 44-1799.10, subsection a or b or should have known of the violation.

2. In addition to any other defense that may be raised, a pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in section 44-1799.10, subsection A if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the united states department of agriculture.

3. Each order placed by a pet store or pet dealer to obtain a dog or cat for sale or resale shall be considered a single act, regardless of the number of dogs or cats obtained in the order.

B. D. This section does not prohibit prosecution for criminal violations. END_STATUTE

Sec. 4. Title 44, chapter 11, article 17, Arizona Revised Statutes, is amended by adding sections 44-1799.10 and 44-1799.11, to read:

START_STATUTE44-1799.10. Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping

A. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159) if any of the following applies:

1. The person is not currently licensed by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

2. Within two years before obtaining the dog or cat the person commits a direct violation of any of the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

3. The person receives an indirect no access violation on each of the two most recent inspection reports issued by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

4. The person commits three or more indirect violations of the pet dealer regulations of the United States department of agriculture during the two‑year period before obtaining the dog or cat for violations relating to the health or welfare of the animal and the violations were not administrative in nature. The indirect violations described in this paragraph do not include a violation described in paragraph 3 of this subsection.

B. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who directly or indirectly obtained a dog or cat from a person described in subsection A of this section. A pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection A of this section if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.

C. Notwithstanding subsections A and B of this section, a pet store or pet dealer may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.

D. A pet dealer shall maintain records verifying its compliance with this section for at least two years after obtaining the dog or cat to be sold or offered for sale. Records maintained pursuant to this subsection shall be open to inspection on request by a municipal or county peace officer or enforcement official.

E. A pet dealer shall display the source of any dog or cat offered for sale by providing the name of the breeder of the animal, the united states department of agriculture license number of the breeder if the animal is from a breeder that is licensed by the united states department of agriculture and the united states department of agriculture website where information about the breeder may be obtained. The pet dealer shall display the information described in this subsection on both of the following:

1. The cage or enclosure for each animal.

2. All printed or electronic marketing materials about a specific dog or cat that has been obtained by the pet dealer and that is being offered for sale. END_STATUTE

START_STATUTE44-1799.11. Pet dealer regulation; state preemption

The regulation of pet dealers is a matter of statewide concern. A city, town or county may enact or enforce an ordinance to enforce section 44‑1799.10 against a pet store or pet dealer. Any local law, rule, regulation or ordinance that imposes requirements on pet dealers that exceed the requirements of section 44‑1799.10 or penalties prescribed by section 44‑1799.08 is preempted. Any local law, rule, regulation or ordinance may not directly or indirectly prohibit or be applied to prohibit the sale of dogs or cats by a pet store or pet dealer, expressly or in effect, based on the source from which the animal is obtained if obtained in compliance with section 44‑1799.10. END_STATUTE

Sec. 5. Dog and cat breeder study committee; delayed repeal

A. The dog and cat breeder study committee is established consisting of the following members:

1. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.

2. Two members of the senate who are appointed by the president of the senate and who are members of different political parties. The president of the senate shall designate one of these members to serve as cochairperson of the committee.

3. One member who has experience as a breeder licensed by the United States department of agriculture and who is appointed by the speaker of the house of representatives.

4. One member who is a pet dealer, as defined in section 44-1799, Arizona Revised Statutes, who has experience with the purchase of dogs or cats from breeders and who is appointed by the president of the senate.

5. One member who has experience with animal sheltering or rescue and who is appointed by the speaker of the house of representatives.

6. One member who has experience with dog or cat breeding and who is exempt from the breeder licensing requirements of the United States department of agriculture and who is appointed by the president of the senate.

7. A faculty or staff member from a university under the jurisdiction of the Arizona board of regents who is familiar with the animal care standards of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159) and who is appointed by the president of the Arizona board of regents.

B. The committee shall meet at the call of the cochairpersons.

C. The committee shall:

1. Study the breeding of pets by licensed and unlicensed breeders in this state and other states.

2. Review data regarding the protection of pets, consumers, pet dealers and pet breeders from existing regulatory models in this state and other states.

3. Study options to encourage spay or neuter clinics, adoption of dogs or cats and healthy breeding of dogs and cats.

D. The committee may:

1. Request information, data and reports from any county or state agency or political subdivision of this state. If possible, information shall be provided electronically.

2. Hold hearings, conduct fact-finding tours and take testimony from witnesses who may assist the committee in fulfilling its responsibilities.

E. On request of the committee, an agency of this state must provide to the committee its services, equipment, documents, personnel and facilities to the extent possible without cost to the committee.

F. The legislature shall provide staff and support services to the committee.

G. The committee shall meet at the state capitol or at other locations as the cochairpersons deem necessary or convenient and all meetings shall be open to the public.

H. The members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

I. On or before December 31, 2016, the committee shall submit a report regarding its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

J. This section is repealed from and after September 30, 2017.