Full Title Name:  2022 Statutory Amendments Table

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Rebecca F. Wisch Publish Year:  2023 Place of Publication:  Michigan State University Primary Citation:  Animal Legal & Historical Center
Summary: This table details the animal-related legislative changes that occurred across all fifty states in 2022. Links are provided to the amended laws and a summary of the change appears in the adjacent column.

This table reflects statutory changes from 2022. Overall, there were fewer changes to laws than in previous years. A few topics deserve mention. First, several states amended their laws on the microchipping of pets. Arizona mandated that animal shelters, veterinarians, and even animal crematoriums thoroughly scan for microchips prior to any transfer or other disposition. California added language requiring shelters to transfer the database listing with the microchip company to the new owner upon adoption. Virginia also imposed a requirement to scan stray animals at shelters for a microchip upon impoundment.

Anti-cruelty laws received some modest attention in 2022. Arizona made it illegal for minors to attend animal fights or to even be present in the building where fights occur. Florida law on sexual activities with animals added a possession ban for up to five years. Idaho replaced its law from 1972 entitled "Crime Against Nature" with a new felony law entitled "sexual abuse of an animal." Rhode Island amended its law on pre-conviction forfeiture of animals and established a process by which the owner can contest the forfeiture. Maryland outlawed the non-therapeutic declawing of cats where violation is a civil offense punishable by a fine not exceeding $1,000.

California created a new law on the sale of "emotional support animals." Under the law, sellers are required to disclose information on what constitutes an ESA and how they differ from service animals. If the seller provides vests or other ESA identification, a similar warning must be provided. The section also states that a health care practitioner shall not provide documentation relating to an individual's need for and ESA they are properly licensed (as described) and have had a patient-client relationship with the individual for at least the past 30 days.

Research animals and animal testing were also important topics. Iowa enacted a "beagle freedom law" and New Jersey passed a law banning animal testing for cosmetics. Subject to limited exceptions, the new law provides that "[n]o manufacturer shall sell or offer for sale in the State any cosmetic that was developed or manufactured using an animal test, if the test was conducted or contracted by the manufacturer or any supplier of the manufacturer on or after the effective date . . ." Virginia now mandates tougher record-keeping requirements for those entities that breed dogs and cats for research purposes.

Police and other public service animals also made the list. Florida established a Care for Retired Police Dogs Program. This law will provide a stable funding source for the veterinary care for retired police dogs. The department will contract with a non-profit corporation to administer and manage the Care for Retired Police Dogs, which then becomes the fund disburser that can pay veterinary expenses not to exceed $1500 per qualifying police dog. In 2021, Maryland enacted a law that allowed an individual who took possession of a retired law enforcement dog to be reimbursed for necessary veterinary care up to a certain amount. This law was amended in 2022 to cover both law enforcement and dogs used by a State or local fire and rescue entity in fire and rescue work. A 2022 Massachusetts law mandates that EMS personnel provide emergency treatment to a police dog injured in the line of duty and transport such police dog by ambulance to a veterinary care facility equipped to provide emergency treatment to dogs.

Lastly, veterinary medicine codes received some amendments. Colorado established laws on the licensing of veterinary technicians. Both Hawaii and West Virginia created definitions and practice parameters for veterinary telemedicine. New York changed its reporting of cruelty law for veterinarians from voluntary to mandatory. New Jersey added a unique law in its rabies chapter based on a case where an owner sued for emotional distress after seeing his deceased cat decapitated at the veterinary hospital. This new law states ". . . it is the public policy of the State to require those caring for an animal, including veterinarians and staff at animal hospitals, to: (1) clearly communicate to the owner the tests and procedures required and how the tests and procedures may affect the condition of the animal's body after death; and (2) disclose whether the remains of the animal can be returned to the owner, and the condition of the those remains."

Examine the table below for more changes across all 50 states' animal laws.

State

Laws

Summary

Alabama

 No major statutory changes.

Alaska

 No major statutory changes.

Arizona

A. R. S. § 13-2910.12

A. R. S. § 11-1025

A. R. S. § 20-1510

A. R. S. § 44–8021

A. R. S. § 11–1013

A. R. S. § 9–500.48

A. R. S. § 32–2239.02

A.R.S. § 32-2297

 

Cruelty/animal fighting:

In 2022, Section § 13-2910.12 became effective, which prohibits children from attending animal fights:

A. A person who knowingly causes, allows or assists a minor to attend an animal fight or cockfight or to be present at any place or building where preparations are being made for an exhibition of animal fighting or cockfighting in violation of § 13-2910.01, 13-2910.02, 13-2910.03 or 13-2910.04 is guilty of a class 1 misdemeanor.

B. This section does not preclude the prosecution of the person for any offense based on any act not covered by this section.

Dog bite:

The state's strict liability law for dog bites was amended in 2022 to make it clear that breed of a dog may not be considered in dog bite litigation. Section § 11-1025 was amended to add the following subsection:

B. The breed of a dog may not be considered in findings of facts or conclusions of law entered by a court, administrative law judge, hearing officer, arbitrator or other legal decision-maker regarding whether a dog is aggressive or vicious or has created liability.

In addition, the law added several definitions in new subsection (F), including a definition for "breed" which means "the actual or perceived breed or mixture of breeds of a dog."

Dog breed and insurance:

Arizona enacted a new law (A. R. S. § 20-1510) that prohibits insurance companies from using breed as the "sole factor" for insurance purposes. The listed purposes include underwriting or even just sending questionnaires or engaging in other information gathering on dogs prior to being insured.

Microchipping:

Arizona enacted/amended several new laws relating to microchips and companion animals. First, Section § 44–8021 in Chapter 40 on animal shelters became effective in the fall of 2022. This law states that an animal shelter must thoroughly scan for the presence of a microchip after taking possession of a dog or cat and shall make a reasonable effort to contact the owner. Second, in the chapter on intergovernmental operations, two new subsections were added:

C. All dogs and cats impounded at a county pound or at a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be thoroughly scanned for the presence of a microchip on being impounded and a reasonable effort shall be made to contact the owner.

D. All deceased dogs and cats found in a public place and brought to a county pound or to a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be scanned for the presence of a microchip and a reasonable effort shall be made to contact the owner.

A. R. S. § 11–1013

In the chapter on general powers for cities and towns, the following law was enacted:

A city or town shall require an employee or a contractor or subcontractor that has contracted with the city or town to remove deceased cats and dogs from a public place to thoroughly scan the cat or dog for the presence of a microchip and make a reasonable effort to contact the owner before disposing of the cat or dog if the disposal will be at a landfill.

A. R. S. § 9–500.48

Finally, the veterinary code received amendments related to scanning for microchips. New Section § 32–2239.02 states that "[f]or all stray dogs and cats brought to a veterinary premises, the veterinarian shall thoroughly scan for the presence of a microchip and make a reasonable effort to contact the owner." Also, new section § 32-2297 was added:

For all dogs and cats brought to a crematory by a person other than the dog's or cat's owner, the crematory licensee shall thoroughly scan for the presence of a microchip and make a reasonable effort to contact the owner, unless there is a written or electronic record that the dog or cat has been thoroughly scanned for the presence of a microchip and a reasonable effort has been made to contact the owner.

Arkansas

 No major statutory changes.

California

West's Ann. Cal. Health & Safety Code § 26220 - 26230

West's Ann.Cal.Health & Safety Code § 122317

West's Ann.Cal.Food & Agric.Code § 31752.1

West's Ann. Cal. Penal Code § 487e, § 487e, and 491

 

Animal control:

California enacted a new chapter entitled "Animal Control Officer Standards Act" West's Ann. Cal. Health & Safety Code § 26220 - 26230). This law requires the Board of Directors of the California Animal Welfare Association to develop and maintain standards for various classes of CACOs. The standards for education, training, and certification shall be adopted by administrative rule of the board, and shall not be less rigorous than those described in this chapter. The board shall maintain a registry of each application for a certificate of registration under this chapter.

Emotional support animals:

In the chapter on the sale of dogs, a new article was enacted on the sale of emotional support animals (ESAs). This article specifies the information that must be provided by a seller of ESAs:

(a) A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states all of the following:

(1) The dog does not have the special training required to qualify as a guide, signal, or service dog.

(2) The dog is not entitled to the rights and privileges accorded by law to a guide, signal, or service dog.

(3) Knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code.

If the seller provides vests or other ESA identification, a similar warning must be provided. The section also states that a health care practitioner shall not provide documentation relating to an individual's need for and ESA they are properly licensed (as described) and have had a patient-client relationship with the individual for at least the past 30 days. Violation of any of the provisions of this article result in a civil fine of up to $500 for a first offense with increasing amounts for subsequent offenses.

West's Ann.Cal.Health & Safety Code § 122317

Microchipping:

Section § 31752.1 of the Food & Agriculture code was amended in 2022 added some language on the registration of cats with a microchip company upon release from an animal shelter to new owners. Specifically, the additions state that the shelter must not be listed on the microchip as the owner once the cat is adopted out:

The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchip's primary contact, as applicable.

West's Ann.Cal.Food & Agric.Code § 31752.1

Theft of animals:

Several laws on theft of animals were amended in 2022. West's Ann. Cal. Penal Code § 487e, 487f, and 491 were all amended such that the word "dog" was changed to "companion animal" within the laws. In other words, the laws were expanded to include all companion animals as subjects of theft instead of just dogs. The term "companion animal" means "an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection." It does not include feral cats.

Colorado

C.R.S.A. § 12-315-202 to 12-315-210

Veterinary practice:

The state enacted several laws related to the qualifications and licensing of veterinary technicians. Under Section § 12-315-202, "a person who practices as a veterinary technician in this state must be registered by the board pursuant to this part 2 and rules adopted by the board for the registration of veterinary technicians" as of January 1, 2024. The next section, § 12-315-203, details the requirements and credentialing under the new licensing procedures. Subsequent sections deal with disciplinary actions and reinstatement procedures.

Connecticut

 No major statutory changes.

Delaware

 No major statutory changes.

D.C.

 No major statutory changes.

Florida

West's F. S. A. § 828.126

West's F.S.A. § 943.69

Anti-Cruelty:

In the law on sexual activities with animals (West's F. S. A. § 828.126), the following paragraph on penalties for violations under this law. This paragraph provides:

(4) In addition to other penalties prescribed by law, the court shall issue an order prohibiting a person convicted under this section from harboring, owning, possessing, or exercising control over any animal; from residing in any household in which animals are present; and from engaging in an occupation, whether paid or unpaid, or participating in a volunteer position at any establishment at which animals are present. The order may be effective for up to 5 years after the date of the conviction, regardless of whether adjudication is withheld.

Police dogs:

Florida added a new law that creates the Care for Retired Police Dogs Program. This law will provide a stable funding source for the veterinary care for retired police dogs. The department will contract with a non-profit corporation to administer and manage the Care for Retired Police Dogs Program with selection occurring through a competitive grant process. That corporation then becomes the fund disburser that can pay veterinary expenses not to exceed $1500 per qualifying police dog (dogs must have served 5 years with a law enforcement agency or 3 years if the dog became injured in the line of duty).

Georgia

  No major statutory changes.

Hawaii

H R S § 471-1

Veterinary practice:

In 2022, Hawaii added 12 new definitions related to veterinary telemedicine and other topics to its definitional section (H R S § 471-1) of the veterinary practice code. Among the terms and phrases are definitions for client, consultation, emergency response, indirect supervision, jurisdiction, patient, sponsor, veterinarian-client-patient relationship, veterinary teleadvice, veterinary telemedicine, veterinary telesupervision, and veterinary teletriage.

Idaho

I.C. § 18-6602

Animal sexual abuse:

Idaho repealed its sections entitled "Crime Against Nature" (§ 18-6605) and enacted a new law entitled, "Sexual abuse of an animal." The previous law from 1972 stated that "[e]very person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five years."

The new law (I.C. § 18-6602) makes it a felony if a person:

(a) Engages in sexual contact with an animal;

(b) Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or

(c) Causes, aids, or abets another person to engage in sexual contact with an animal.

Punishment is a term of imprisonment not to exceed five years. Further, the court may order relinquishment of some or all animals under a person's control at the time of the offense. The person must also reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding.

Illinois



No major statutory changes.

Indiana

IC 14-22-26-5

I.C. 14-22-26.5-1 - 9

Captive wildlife:

In the chapter on Wild Animal Permits, the section on suspension and seizure of animals when animals are held in violation of a permit, the following paragraph was added:

(e) A law enforcement officer or an employee of the department is not liable for the destruction of a permitted animal that escapes an enclosure and poses a threat to public safety.

IC 14-22-26-5.

Public contact with big cats:

The state enacted a set of laws banning public contact with big cat species (I.C. 14-22-26.5-1 - 9). A person that owns or possesses a specified animal may not allow a member of the public to (1) come into direct contact with; or (2) enter into a proximity that allows for or permits direct contact with the specified animal, regardless of the age of the specified animal. Essentially, public contact with certain animals that include lions, tigers, leopards, jaguars, and mountain lions (or their hybrids) is prohibited.

Iowa

I. C. A. § 162.10 

"Beagle freedom" law:

Iowa enacted a "beagle freedom" law in 2022, which is law that allows retired research dogs to be adopted out instead of euthanized. Per law the law, "[a] qualified research facility shall establish an adoption program for retired animals confined at the qualified research facility for placement in a permanent adoptive home. In order to be eligible for adoption under the program, the retired animal must have no substantial medical condition, and pose no safety risk to the public, that would prevent the dog's or cat's successful integration into a permanent adoptive home." I. C. A. § 162.10

Kansas

 No major statutory changes.

Kentucky

 No major statutory changes.

Louisiana

LA R.S. 14:102.1

Anti-cruelty:

The penalty for simple cruelty under paragraph (2)(a) had a one-sentence addition: "In addition, the court may order the offender to pay for any expenses incurred for the housing of the animal and for medical treatment of the animal, pursuant to Code of Criminal Procedure Article 883.2."

Maine

 

 No major statutory changes.

Maryland


MD Code, Criminal Law, § 10-625.1

MD Code, Agriculture, § 2-301

MD Code, Agriculture, § 2-310

MD Code, Agriculture, § 2-313.3

MD Code, Criminal Law, § 10-615, 10-615.1

MD Code, Public Safety, § 3-526

Cat declawing:

In 2022, Maryland outlawed the non-therapeutic declawing of cats. Section § 10-625.1 of the criminal code states that a person may not perform a declawing procedure on a cat. Violation is a civil offense punishable by a fine not exceeding $1,000. As a result of this law, the veterinary practice code was also amended. The definitional section of the veterinary code (§ 2-301) was amended to include a definition for "declawing," and Section § 2-310 on ethics was amended to include willfully violating the cat declawing prohibition as act that can trigger license revocation or suspension. Section § 2-313.3 of the vet code expressly prohibits a veterinary practitioner from performing declawing unless it is necessary for a therapeutic purpose.

Cruelty and costs of care:

The laws on costs of care for animals seized as suspected victims of animal cruelty were changed. First, Section § 10-615 of the Criminal Code was amended to require that the owner of a seized animal be informed of the seizure by personal service or certified mail within 24 hours of seizure. That notice must now also provide instructions on how to petition the court for return of the animal. A new subsequent section, § 10–615.1, allows the entity who seized the animal to join the owner's petition seeking return so that the seizing entity can recover costs of care for the impounded animal. The statute then states that a court must hold a hearing 14 to 21 days after service of the petition seeking return of the animal to the owner. At that hearing, the court determines whether the seizure was warranted, whether continued possession by the petitioner is warranted, the responsibility of the owner for costs of care, and whether the owner or custodian may be allowed to own or possess a new animal during the pending proceeding and until the disposition of any criminal charges relating to the seizure. Both the petitioner and the owner are allowed to present and object to evidence. The standard of review of preponderance of the evidence. If the petitioner is successful, the procedure for determining costs is set forth. Costs are terminated if the owner relinquishes all rights to the animal or if the animal needs to be euthanized.

Police and fire dogs:

In 2021, Maryland enacted a law that allowed an individual who took possession of a retired law enforcement dog to be reimbursed for necessary veterinary care up to a certain amount. This law (MD PUBLIC SAFETY § 3–526) was amended in 2022 to cover both law enforcement and dogs used by a State or local fire and rescue entity in fire and rescue work.

Massachusetts

M.G.L.A. 140 § 174D ½

M.G.L.A. 111C § 9A

M.G.L.A. 112 § 58

"Beagle freedom" law:

The state enacted a "beagle freedom law" in 2022 (M.G.L.A. 140 § 174D ½). Under the law, a research facility or product testing facility that intends to euthanize a dog or cat shall, before euthanizing the dog or cat, make a reasonable effort to offer the dog or cat for adoption to an individual, animal shelter or animal rescue organization to facilitate the adoption of the dog or cat to a permanent adoptive home.

Police dogs:

A 2022 Massachusetts law (M.G.L.A. 111C § 9A) mandates that EMS personnel provide emergency treatment to a police dog injured in the line of duty and transport such police dog by ambulance to a veterinary care facility equipped to provide emergency treatment to dogs. EMS personnel shall not transport an injured police dog if providing such transport would inhibit their ability to provide emergency medical attention or transport to a person requiring such services. The law also outlines training for EMS personnel in treating police dogs. As a result of this enacted, the veterinary practice laws were amended. The definitional section now exempt "[t]he provision of care to an injured police dog by an EMS provider under section 9A of chapter 111C" from the definition for practicing veterinary medicine (M.G.L.A. 112 § 58).

Michigan

M. C. L. A. 287.322

M. C. L. A. 750.502c

Dangerous dogs:

In the state's dangerous dog laws, the wording was clarified as to when an animal must be destroyed. Previously, the law stated, "After a hearing, if the animal is found to be a dangerous animal that caused serious injury or death to an individual or a dog, the district court magistrate, district court, or municipal court shall order the destruction of the animal, at the owner's expense." As of 2022, the law now states, "After a hearing, if the animal is found to be a dangerous animal that caused serious injury or death to an individual or a dog, the district court magistrate, district court, or municipal court shall order the destruction of the animal, at the owner's expense." Further, a provision was added concerning dogs previously adjudicated as dangerous:

After a hearing, if the animal has been previously adjudicated a dangerous animal or is found to be a dangerous animal that did not cause serious injury or death to an individual but is likely to cause serious injury or death to an individual in the future, the district court magistrate, district court, or municipal court may order the destruction of the animal, at the owner's expense.

M. C. L. A. 287.322.

Service animals:

Michigan amended its public access law for service animals to "permit an animal raiser or trainer to be accompanied by his or her service animal in training" in places of public accommodation. The amendments also added two new definitions to the law:

“Animal raiser or trainer” means an individual who raises and socializes a service animal in training with the intent that the animal will become a service animal.

"Service animal in training” means an animal accompanied by an animal raiser or trainer with the intent that animal is being raised, socialized, and trained to become a service animal.

The law becomes effective on March 29, 2023.

M. C. L. A. 750.502c

Minnesota

  No major statutory changes.

Mississippi

 No major statutory changes.

Missouri

 No major statutory changes.

Montana

MCA 37-18-701 to 703

 

Veterinary practice:

In Chapter 18 on Veterinary Practice, laws were added that now require an individual seeking to practice as a veterinary technician to become licensed as a veterinary technician by the board.

Nebraska

Neb. Rev. St. § 28–1008

Neb. Rev. St. § 28–1012

Cruelty:

In the definitional section (§ 28–1008) for the state's anti-cruelty laws, the phrase "cruelly mistreat" added some wording. The words "kick, hit, strike in any manner" were added to that definition.

A slight but important change was made to the law on law enforcement procedure when investigating allegations of animal cruelty. Previously, the law stated that a law enforcement officer with probable cause to believe an animal has been abandoned or cruelly mistreated "may" issue a citation to the owner or custodian of the animal. With amendments in 2022, the section states that "[i]t shall be the duty" of a law enforcement officer "to make a prompt investigation of such violation." The law then gives discretion to the officer: "A law enforcement officer may, in lieu of making an arrest, issue a citation to the owner or custodian as prescribed in sections 29–422 to 29–429."

Nevada

  No major statutory changes.

New Hampshire

N.H. Rev. Stat. § 466:44

N.H. Rev. Stat. § 466:42-a

N.H. Rev. Stat. § 264:31

N.H. Rev. Stat. § 207:14

N.H. Rev. Stat. § 207:1-c

Dogs in restaurants:

Previous New Hampshire law (466:44) did not allow dogs in dogs in restaurants or stores except for owner's own companion dog provided the dog was not in food preparation areas and a sign announced its presence. in 2022, that law was amended and now restaurant owners may decide to allow dogs in an outdoor dining area. several conditions must be met such as providing access to the outdoor dining area from the exterior of the restaurant, regardless of whether food or drink are served in such outdoor dining area, giving the public notice of this through appropriate signage, and making sure owners keep their dogs under control at all times.

Dog stealing:

The law on stealing dogs (§ 466:42-a) was amended in 2022. Previously, the law, which was first enacted in 1959, provided that "[w]hoever wrongfully removes the collar from or steals a dog licensed and collared as aforesaid shall be guilty of a misdemeanor. Whoever distributes or exposes a poisonous substance with intent that the same shall be eaten by any dog shall be guilty of a misdemeanor and shall be liable to the dog's owner for its value." After major amendments in 2022, the law now states that "[w]hoever steals a dog shall be guilty of a misdemeanor for the first and second offense, and a class B felony for each subsequent offense." There is no mention of a dog being "licensed and collared" in the amendments. In addition, the amendments added a prohibition against distributing or exposing a poisonous substance with intent that the same shall be eaten by any dog. Doing so is a class B felony. The law also now prohibits a person from tampering with or removing an electronic locating collar or a microchip without authorization from the dog's owner. This results in a misdemeanor. Law enforcement and animal shelters are exempted from the law.

Vehicle hitting dog or cat:

Due to a well-publicized news story about a hit-and-run accident involving a New Hampshire lawmaker's cat, the 40 year-old law that required reporting of a car hitting a dog was amended in 2022. Previously, section § 264:31 only made drivers who failed to report hitting a dog to the dog's owner or a police officer guilty of a violation. The new version added cats to the law so that drivers who hit either dogs or cats must report the incident or face a violation.

Wildlife possession:

Section 207:14 requires those seeking to import an animal to first obtain a permit from the director of Fish and Game unless a permit is excepted under regulations. Amendments in 2022 added a time frame by which the director must approve or deny such a request and gives the ability to appeal such a decision:

The chief of the wildlife division shall respond to a request for a permit within 60 days of a submission for a final request. The permit shall be granted within 60 days of the request, unless the chief of the wildlife division determines in writing that issuing a permit may pose a significant disease, genetic, ecological, environmental, health, safety, or welfare risk to persons, marine species, or wildlife.

(b) Any person who is denied a permit under subparagraph (a) may appeal the decision in writing to the executive director within 60 days of the denial. The executive director shall respond to the appeal within 60 days.

(c) The executive director shall adopt rules pursuant to RSA 541–A to implement the provisions of this paragraph.

N.H. Rev. Stat. § 207:14

Additionally, a new section was added (N.H. Rev. Stat. § 207:14-c) to the chapter. This law allows the fish and game department to monitor information on animals and fish that are not currently restricted under state and federal wildlife trafficking laws to assess the risk zoonotic disease transmission. In addition, the department shall make recommendation to the legislature on any legislation or rules needed for import or other restrictions on identified species, and to the governor if an executive order is deemed necessary.

New Jersey

N.J.S.A. 26:4-86.1

N.J.S.A. 26:4-94

N.J.S.A. 4:22-61

Companion animals and euthanasia:

A new law became effective in 2022 within the rabies laws. The law was in response to a case where a cat owner was not informed of the condition of his cat after the veterinarian had to conduct a rabies evaluation post mortem. Seeing the cat in such a condition caused extreme emotional distress for the owner who had wanted the remains for a burial. The law states the following:

The Legislature therefore determines that it is the public policy of the State to require those caring for an animal, including veterinarians and staff at animal hospitals, to: (1) clearly communicate to the owner the tests and procedures required and how the tests and procedures may affect the condition of the animal's body after death; and (2) disclose whether the remains of the animal can be returned to the owner, and the condition of the those remains. The Legislature further determines that the importance of the connection between domestic companion animals and their owners needs to be recognized and addressed by those who treat animals, euthanize them, and handle their remains after death.

N.J.S.A. 26:4-86.1

The next section in the chapter then gives details about the process for rabies testing with a requirement that owners are notified of the process:

Whenever it is necessary to test a dead domestic companion animal for rabies, prior to commencing any testing procedure, the health official requiring the rabies testing, or the veterinarian preparing and submitting the specimen for rabies testing, as applicable, shall notify at the first opportunity the owner of the animal, if known, verbally and in writing, of:

(1) the necessity of the rabies testing and the reasons therefor;

(2) the rabies testing protocol to be followed;

(3) the protocol to be followed with regard to the handling of the animal's body;

(4) the protocol to be followed with regard to the disposal of the animal's body or its return to the owner; and

(5) the protocol of decapitation.

N.J.S.A. 26:4-86.2. The penalty for any violation of the rabies laws was increased from $5 to $50 for a first offense and from $50 to $250 for a second or subsequent offense under Section 26:4-94.

Cosmetic testing and animals:

The state also passed a law banning animal testing for cosmetics. Subject to limited exceptions, new law N.J.S.A. 4:22-61 states that "[n]o manufacturer shall sell or offer for sale in the State any cosmetic that was developed or manufactured using an animal test, if the test was conducted or contracted by the manufacturer or any supplier of the manufacturer on or after the effective date . . ."

New Mexico

 No major statutory changes.

New York

McKinney's Education Law § 6714

Veterinary practice:

The type of duty for veterinarians to report suspected animal cruelty was changed from permissive ("the veterinarian may report") to mandatory ("the veterinarian shall report"). Additionally, the following paragraph was added regarding records of that complaint:

(c) Any such veterinarian who reports an incident or discloses records concerning a companion animal's condition and treatment pursuant to paragraph (a) or (b) of this subdivision shall be entitled to receive and be provided with, at no cost to such veterinarian, written or electronic documentation of such report by the agent or officer to whom such report was made. Such report shall include but not be limited to the date such report was made, the identity of the individual against whom such report was made, the species and description of the animal about which such report was made, the nature of the injuries to the animal and the name and license number of the veterinarian who made such report.

McKinney's Education Law § 6714.

North Carolina

 No major statutory changes.

North Dakota

 No major statutory changes.

Ohio

 No major statutory changes. 

Oklahoma

 No major statutory changes.

Oregon

 No major statutory changes.

Pennsylvania

18 Pa.C.S.A. § 5548

Police animals:

Some amendments were made to the law on harming police animals. It was made unlawful to "recklessly" torture, mutilate, injure, disable, poison or kill a police animal. Previously, the law only contained "knowingly" and "intentionally" as the intent. In addition, the following provision was added:

(b.1) Illegal to torture or kill police animals during perpetration of felony.--It shall be unlawful for a person to torture, mutilate, injure, disable, poison or kill a police animal while engaged as a principal or an accomplice in the perpetration of a felony. A person who violates the provisions of this subsection commits a felony of the third degree.

18 Pa.C.S.A. § 5548

Rhode Island

Gen. Laws, 1956, § 4-19-23

Gen. Laws, 1956, § 4-1-22

Adoption of pets:

In Chapter 19 on Animal Care, a new law was added related to veterans adopting pets:

§ 4-19-23. Pets for veterans

(a) A public animal shelter shall not charge an adoption fee for a dog or cat if the person adopting the dog or cat presents to the public animal shelter a current and valid driver's license or identification card with the word “veteran” printed on its face pursuant to § 31-10-48.

(b) A public animal shelter may limit the number of dogs or cats adopted from that public animal shelter pursuant to subsection (a) of this section to one dog or cat during a period of every six (6) months.

Forfeiture of impounded animals:

In Section 4-1-22 on the care of neglected animals by the Rhode Island Society for the Prevention of Cruelty to Animals ("Society"), some amendments were enacted in 2022. The term "agent" as in owner or agent was changed to owner or "guardian" throughout the law. In subsection (c), the following new language was added:

The written demand [to the owner or guardian of the impounded animal] shall state that the failure to pay or make arrangements to pay for the care of that animal may result in forfeiture of ownership of the animal. The cost of such the care and treatment that is billed to the owner or guardian shall be reasonable and related to equivalent services provided by veterinary care and animal sheltering, feeding, and boarding services in this state.

The next part, subsection (d), then states that the owner or guardian has 60 days from receipt of that notice to petition the district court to seek an order to return custody of the animal to them. This action then triggers a summons within 14 days so that an authorized representative from the Society shall appear in court. In court, the court will hear evidence as to the animal's condition, the care required, and the ability of petitioner to provide adequate care while criminal charges are pending. The court considers the issue on a preponderance of the evidence standard:

(g) If, after hearing, the court finds that the owner or guardian of the animal has the ability to properly care for or arrange for the adequate care of the animal during the pendency of the criminal charges, the court may allow the owner or guardian of the animal to have or arrange for the adequate care, custody, and control of the animal pending the final determination of the related criminal charges subject to such restrictions and conditions as the court determines to be reasonable or necessary.

If the court grants the request to return the animals to the owner or guardian, they "will not be required to pay for the cost of care incurred prior to the date of the hearing unless and until such time as there has been a conviction, plea of guilty, or plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4–1–1, or otherwise cruel treatment in the related criminal proceeding." If the owner or guardian fails to file a petition within 60 days of the notice of the taking, the Society may petition the court for transfer of ownership.

South Carolina

 No major statutory changes.

South Dakota

  No major statutory changes.

Tennessee

T. C. A. § 39-14-205

 T. C. A. § 39-14-219

Anti-cruelty:

In § 39-14-205 on knowingly and unlawfully killing the animal of another, the provisions relating to the killing of police and fire dogs were removed. This is because the state added "Joker's Law" that now makes it a Class D felony to knowingly and unlawfully cause serious bodily injury to or kill a police dog, fire dog, search and rescue dog, service animal, or police horse without the owner's effective consent (§ 39-14-219). This new law contains the same legal justification paragraph from § 39-14-205.

Texas

  No major statutory changes.

Utah

  No major statutory changes.

Vermont

10 V.S.A. § 5008 - 5009

10 V.S.A. § 5501 - 5508

Coyotes:

In Chapter 115 on hunting with dogs, the state adopted a law that prohibits the pursuing of coyotes with the aid of dogs absent a permit from the state. The permits are discretionary by the Commissioner and may not exceed more than 100 annually (10 V.S.A. § 5008). A subsequent section states that a person shall not release a dog onto land to pursue a coyote without "a courtesy permission card from the landowner or landowner's agent." (10 V.S.A. § 5009)

Trade in wildlife:

A chapter of laws enacted in 2019 became effective on January 1, 2022. This chapter states that a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product, except as provided in this chapter. "Covered" animals include cheetahs, elephants, leopards, lions, pangolins, endangered sharks, tigers, and certain primates, among other species. Exceptions include activities done by state or federal officials, those allowed by federal law, established "antique" status where the object is over 100 years old, and certain animal parts included in musical instruments, knives, or firearms. For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.

Virginia

Va. Code Ann. § 3.2-6585.1

VA Code Ann. § 3.2-6511

VA Code Ann. § 3.2-6511.2

VA Code Ann. § 3.2-6592.1

Microchipping:

In the Comprehensive Animal Care Act, a new section was added. This law requires both veterinarians and animal shelters to scan received animals for a microchip and make reasonable efforts to locate owners:

Any veterinarian, public or private animal shelter, or releasing agency that releases or receives companion animals for adoption or is authorized to euthanize companion animals shall seek to identify the lawful owner of each unidentified companion animal submitted to it, including, for any weaned companion animal that may be safely handled, making a reasonable attempt to scan the animal for an embedded microchip at the time of intake, at the time of assessment, and prior to disposition. If a chip is detected, the veterinarian, shelter, or agency shall make every reasonable effort to contact the owner by the most expedient method available. Such veterinarian, shelter, or agency shall maintain documentation for at least 30 days from the date of the final disposition of the animal that includes the reason an animal could not be scanned, any scanning that located or failed to locate a microchip, whether a located microchip was registered to an owner, and any attempt to contact any owner. Veterinarians shall notify the local public shelter, in compliance with § 3.2-6551, when taking possession of a stray animal. The requirements of this section shall not apply to the transfer of animals between veterinarians, public or private animal shelters, or releasing agencies.

Va. Code Ann. §§ 3.2-6585.1

Pet shops:

A section in the Comprehensive Animal Care Act was amended. Section § 3.2–6511 relates to penalties for a dealer or pet shop failing to provide adequate care for its animals. A new subsection was added to that the law, which states:

B. Pet shops shall retain records indicating any time a dog or cat in its possession or custody dies or is euthanized. Such records shall be (i) maintained for a period of at least two years and (ii) provided to animal control officers and the Inspector.

VA Code Ann. § 3.2-6511. Another section in this same article expanded its coverage. Section § 3.2–6511.2 on the prohibition of any dealer who has been cited with AWA violations from importing or selling animals now includes commercial cat breeders instead of being limited to only commercial dog breeders. Amendments in 2022 also included "sale for experimental purposes" to that law.

Research animals:

A new law was added to Article 13 on Animal Research. Section 3.2-6592.1 on the breeding of cats and dogs for experimental purposes establishes record-keeping requirements for animal breeders. The law states:

Any person or entity that breeds dogs or cats, including dogs or cats regulated under federal law as research animals, for sale or transfer to an animal testing facility shall be required to keep accurate records of each dog or cat purchased, acquired, owned, held, or otherwise in the person or entity's possession or control, and each dog or cat transported, euthanized, sold, or otherwise disposed of, for five years from the date of the acquisition, transfer, or disposition of the dog or cat.

VA Code Ann. § 3.2-6592.1. The law then lists ten requirements that must be included in the records like description of the animal, USDA tag number, vaccinations, and the date and method of disposition of the animal, among other things.

Washington

 No major statutory changes.

West Virginia

W. Va. Code, § 30-10-24

Veterinary medicine:

The state enacted a new law related to veterinary "telemedicine" in 2022 (W. Va. Code, § 30-10-24). To provide veterinary care in West Virginia via interstate telehealth services, an individual not otherwise licensed by the board must first apply for and obtain registration with the board using the application materials provided by the board and paying a fee of $300. A veterinarian-client-patient relationship is required for providing veterinary care in the State of West Virginia via telehealth services. The veterinary care professional shall perform an in person exam within the 12 months prior, and at least every 12 months thereafter, or the telehealth service shall no longer be available to the patient.

Wisconsin

 No major statutory changes

Wyoming

W. S. 1977 § 11-30-115

Wild horses and burros:

The law on the unlawful killing of wild horses and burros (W. S. 1977 § 11-30-115) was expanded in 2022. Previously, the law simply defined a "wild horse" and then prohibited any person, without legal justification, from willfully and maliciously killing a wild horse. Violation resulted in a misdemeanor punishable by a fine of not more than $750.00, imprisonment for not more than six months or both.

Now, the law requires reimbursement from the federal government for herds that regularly stray from federal lands:

Upon the failure or refusal, as determined by the governor, of the United States bureau of land management or United States forest service to remove any wild horses claimed by the United States bureau of land management or United States forest service as belonging to a herd management area, which regularly stray from federal lands, the office of state lands and investments shall provide the United States secretary of the interior or United States secretary of agriculture, as applicable, with annual notice identifying the grazing cost for those wild horses and a request for reimbursement of those costs.

That part of the law contains a detailed formula to calculate costs for reimbursement under this provision. Subsequent paragraphs explain how these reimbursement funds will be applied and gives the state attorney general the power to seek a writ of mandamus to remove excess wild horses. Finally, the law allows cooperative agreements to manage horses including agreements with the federal government and Indian tribes in the state.

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