H 841 — An act relating to miscellaneous animal welfare procedures

(c) All balances in the Fund at the end of the fiscal year shall be carried forward.

Interest earned by the Fund shall remain in the Fund.

Sec.

2.

20 V.S.A.

§ 3581 is amended to read:

§ 3581.

GENERAL REQUIREMENTS BILL AS PASSED BY THE HOUSE H.841 Page 7 of 35 (a)(1) A person who is the owner of a dog or wolf-hybrid more than six months old shall annually on or before April 1 cause it to be registered, numbered, described, and licensed on a form approved by the Secretary for one year from that day in the office of the clerk of the municipality in which the dog or wolf-hybrid is kept.

A person who owns a working farm dog and who intends to use that dog on a farm pursuant to the exemptions in section 3549 of this title shall cause the working farm dog to be registered as a working farm dog and shall, in addition to all other fees required by this section, pay $5.00 for a working farm dog license.

The owner of a dog or wolf-hybrid shall cause it to wear a collar and attach a license tag issued by the municipal clerk to the collar.

Dog or wolf-hybrid owners shall pay for the license $4.00 for each neutered dog or wolf-hybrid, and $8.00 for each unneutered dog or wolf-hybrid.

If the license fee for any dog or wolf-hybrid is not paid on or before April 1, its owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required.

(2) A person shall not own more than 35 dogs licensed under this section.

When calculating the number of dogs permitted under this subsection, dogs less than four months old and dogs that have been spayed or neutered shall not be counted.

BILL AS PASSED BY THE HOUSE H.841 Page 8 of 35 (b) Before a person shall be entitled to obtain a license for a neutered dog or wolf-hybrid, he or she the person shall exhibit to the clerk a certificate signed by a duly licensed veterinarian showing that the dog or wolf-hybrid has been sterilized.

* * * (d)(1) Before obtaining a license for a dog or wolf-hybrid six months of age or older, a person shall deliver to the municipal clerk a certificate or a certified copy thereof issued by a duly licensed veterinarian, stating that the dog or wolf-hybrid has received a current preexposure rabies vaccination with a vaccine approved by the Secretary, and the person shall certify that the dog or wolf-hybrid described in the certificate or copy is the dog or wolf-hybrid to be licensed.

The municipal clerk shall keep the certificates or copies thereof on file.

The Secretary shall prescribe the size and format of rabies certificates.

The owner of any such dog or wolf-hybrid shall maintain a copy of the rabies vaccination form and provide it to State or municipal officials upon request.

(2) Before obtaining a license for a wolf-hybrid six months of age or older, a person shall deliver to the municipal clerk a certificate or a certified copy thereof, issued by a duly licensed veterinarian, stating that the wolf- hybrid has been spayed or neutered.

* * * Sec.

3.

20 V.S.A.

§ 3583 is amended to read:

BILL AS PASSED BY THE HOUSE H.841 Page 9 of 35 § 3583.

DOMESTIC PETS AND WOLF-HYBRIDS KEPT FOR BREEDING PURPOSES (a) The owner or keeper of domestic pets and wolf-hybrids kept for breeding purposes may take out annually, on or before April 1, a special license for the domestic pets or wolf-hybrids, provided:

(1) He or she keeps the domestic pets or wolf-hybrids within a proper enclosure.

A proper enclosure is a locked fence or structure of sufficient height and sufficient depth into the ground to prevent the entry of young children and to prevent the animal from escaping.

A proper enclosure also provides humane shelter for the animal.

(2) The domestic pets or wolf-hybrids at all times have a current vaccination against rabies.

(3) When the number of domestic pets or wolf-hybrids so kept does not exceed ten, the fee shall be $30.00 and for each additional domestic pet or wolf-hybrid so kept, an annual fee of $3.00.

(b) Domestic pets and wolf-hybrids covered by the special license pursuant to this section shall be exempt from other license fees, and all licenses under this section are exempt from the surcharge enacted under subsection (c) of section 3581 of this title.

(c) If the license fee is not paid by April 1, the owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent BILL AS PASSED BY THE HOUSE H.841 Page 10 of 35 in excess of that otherwise required.

These license fees are in addition to any fees required for the operation of a kennel under subchapter 3 of this chapter.

[Repealed.] Sec.

4.

20 V.S.A.

§ 3682 is amended to read:

§ 3682.

INSPECTION OF PREMISES (a) The pet dealer’s premises may be inspected upon the issuance of the pet dealer permit or at any time the pet dealer permit is in effect.

Inspections may be conducted by a municipal animal control officer, a law enforcement officer as that term is defined in 23 V.S.A.

§ 4(11), the Director of Animal Welfare, or a representative of the Agency of Agriculture, Food and Markets.

The inspector may, at his or her the inspector’s discretion and with the approval of the municipality, be accompanied by a veterinarian or an officer or agent of a humane society incorporated in Vermont.

This section shall not create an obligation on the part of any municipal legislative body to conduct inspections.

* * * Sec.

5.

20 V.S.A.

§ 3813a is added to read:

§ 3813a.

CERTIFIED RABIES VACCINATOR PROGRAM (a) As used in this section:

(1) “Certified rabies vaccinator” means a person certified to administer rabies vaccine to animals under the certified rabies vaccinator program established pursuant to subsection (b) of this section.

BILL AS PASSED BY THE HOUSE H.841 Page 11 of 35 (2) “Humane officer” has the same meaning as in 13 V.S.A.

§ 351.

(b) The Director of Animal Welfare shall, in consultation with Vermont veterinarians, establish a program to train humane officers as certified rabies vaccinators.

The program shall include training in properly storing and administering rabies vaccines, issuing rabies certificates, and providing information to owners and keepers of animals to be vaccinated.

The Director of Animal Welfare shall certify a humane officer who satisfactorily completes the program as a certified rabies vaccinator.

(c) A certified rabies vaccinator shall:

(1) not accept compensation for administering rabies vaccines or providing services related to rabies vaccination;

and (2) be immune from liability to the same extent as a volunteer is immune from liability for conducting or assisting with rabies inoculations under section 3812 of this title.

Sec.

6.

20 V.S.A.

§ 3903 is amended to read:

§ 3903.

ANIMAL SHELTERS AND RESCUE ORGANIZATIONS (a) [Repealed.] (b) Animal intake.

An animal shelter or rescue organization as defined by section 3901 of this title shall make every effort to collect the following information, if available, about an animal it accepts and report the information to the Director of Animal Welfare:

the name and address of the person BILL AS PASSED BY THE HOUSE H.841 Page 12 of 35 transferring the animal and, if known, the name of the animal;

its vaccination history;

and other information concerning the background, temperament, and health of the animal.

* * * Sec.

7.

20 V.S.A.

§ 3907 is amended to read:

§ 3907.

DENIAL OR REVOCATION OF REGISTRATION OR LICENSE Issuance of a certificate of registration may be denied to any animal shelter, rescue organization, pet dealer, or fair, or a license may be denied to any public auction or pet shop or any certificate or license previously granted under this chapter may be revoked by the Secretary if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing, and housing practices of the animal shelter, rescue organization, fair, public auction, or pet shop, as the case may be, are not consistent with this chapter or with rules adopted under this chapter.

Sec.

8.

20 V.S.A.

§ 3911 is amended to read:

§ 3911.

PENALTIES (a) Any person licensed or registered under this chapter who fails to provide animals under the person’s care or custody with adequate food or adequate water, as defined in section 3901 of this title, or who fails to house BILL AS PASSED BY THE HOUSE H.841 Page 13 of 35 animals in the person’s care or custody in a manner that is adequate for their welfare, shall be fined not more than $500.00.

(b) Any person who operates a fair or public auction or who transacts business as a pet shop, animal shelter, pet dealer, or rescue organization without being duly licensed or without possessing a proper certificate of registration, as the case may be, as required under this chapter, or who violates any provision of this chapter or of any rule lawfully adopted under its authority for which no other penalty is provided shall be fined not more than $300.00 or imprisoned for not more than six months, or both.

(c) The Secretary may assess administrative penalties under 6 V.S.A.

§§ 15–17, not to exceed $1,000.00, for violations of this chapter.

Sec.

9.

20 V.S.A.

§ 3915 is amended to read:

§ 3915.

HEALTH CERTIFICATE AND LICENSING REQUIREMENTS FOR TRANSPORT INTO STATE (a) A dog, cat, ferret, or wolf-hybrid imported into the State for sale, resale, exchange, or donation shall be accompanied by an official health certificate or similar certificate of inspection for the dog, cat, ferret, or wolf- hybrid issued by a veterinarian licensed in the state or country of origin.

The certificate shall certify that:

(1) the dog, cat, ferret, or wolf-hybrid has been inspected and is free of visible signs of infections or contagious or communicable disease;

and BILL AS PASSED BY THE HOUSE H.841 Page 14 of 35 (2) if the dog, cat, ferret, or wolf-hybrid is more than three months of age, the dog, cat, ferret, or wolf-hybrid has a current rabies vaccination or is a specific breed for which a rabies vaccination is not age-appropriate.

(b) A dog, cat, ferret, or wolf-hybrid shall not be imported into Vermont for sale, resale, exchange, or donation by a shelter or rescue organization in another state unless the shelter or rescue organization is licensed by the originating state.

(c) The Agency of Agriculture, Food and Markets may adopt rules regarding the issuance and contents of any certificate required under subsection (a) of this section.

Sec.

10.

20 V.S.A.

§ 3916 is added to read:

§ 3916.

INSURANCE Pet dealers, animal shelters, rescue organizations, and keepers of animals for breeding purposes shall, as a condition of their licenses or certificates of registration, be required to obtain and maintain a commercially reasonable level of general liability insurance.

Sec.

11.

20 V.S.A.

§ 3917 is added to read:

§ 3917.

ADVERTISING (a) All advertisements of animals for adoption in Vermont shall contain:

(1) the current location of the animal;

and (2) the advertiser’s license number, if any.

BILL AS PASSED BY THE HOUSE H.841 Page 15 of 35 (b) For purposes of advertising on social media accounts, subsection (a) of this section shall only apply to advertisers located in Vermont or subject to section 3915 of this title for importing animals into Vermont.

Sec.

12.

32 V.S.A.

§ 5862g is added to read:

§ 5862g.

VERMONT ANIMAL WELFARE FUND CHECKOFF (a) Returns filed by individuals shall include, on a form prescribed by the Commissioner of Taxes, an opportunity for the taxpayer to designate funds to the Animal Welfare Fund established by 20 V.S.A.

§ 3203.

(b) Amounts designated under subsection (a) of this section shall be deducted from refunds due to, or an overpayment made by, the designating taxpayer.

All amounts so designated and deducted shall be deposited in an account by the Commissioner of Taxes for payment to the Animal Welfare Fund.

If at any time after the payment of amounts so designated to the account it is determined that the taxpayer was not entitled to all or any part of the amount so designated, the Commissioner may assess, and the account shall then pay to the Commissioner, the amount received, together with interest at the rate prescribed by section 3108 of this title, from the date the payment was made until the date of repayment.

(c) The Commissioner of Taxes shall explain to taxpayers the purpose of the account and how to contribute to it.

The Commissioner shall provide notice in the instructions for the State individual income tax return as to how BILL AS PASSED BY THE HOUSE H.841 Page 16 of 35 to obtain a copy of the annual income and expense report of the Animal Welfare Fund.

(d) If amounts paid with respect to a return are insufficient to cover both the amount owed on the return under this chapter and the amount designated as a contribution to the Animal Welfare Fund, the payment shall first be applied to the amount owed on the return under this chapter, and the balance, if any, shall be deposited in the Fund.

(e) Nothing in this section shall be construed to require the Commissioner to collect any amount designated as a contribution to the Animal Welfare Fund.

Sec.

13.

EFFECTIVE DATE This act shall take effect on passage.

Sec.

1.

20 V.S.A.

chapter 190 is amended to read:

CHAPTER 190.

DIVISION OF ANIMAL WELFARE § 3201.

DEFINITIONS As used in this subchapter:

(1) “Animal” has the same meaning as in 13 V.S.A.

§ 351, provided that the animals or activities regulated under this chapter shall not apply to:

(A) activities regulated by the Department of Fish and Wildlife pursuant to 10 V.S.A.

Part 4;

BILL AS PASSED BY THE HOUSE H.841 Page 17 of 35 (B) scientific research governed by accepted procedural standards subject to review by an institutional animal care and use committee;

(C) livestock and poultry husbandry practices for the raising, management, and use of domestic animals;

(D) veterinary medical or surgical procedures;

and (E) the killing of an animal as authorized pursuant to sections 3809 and 3545 of this title.

(2) “Director” means the Director of Animal Welfare and includes the Director’s designee.

(3) “Division” means the Division of Animal Welfare.

(4) “Domestic animal” has the same meaning as in 6 V.S.A.

§ 1151(2).

§ 3202.

ESTABLISHMENT OF DIVISION OF ANIMAL WELFARE;

POWERS AND DUTIES (a)(1) The Division of Animal Welfare is established within the Department of Public Safety.

The Commissioner of Public Safety shall appoint a Director of Animal Welfare who shall be in immediate charge of the Division.

The Director shall be qualified by education and professional experience to perform the duties of the position.

The Director shall have at least the following minimum qualifications:

(A) experience in interpreting or knowledge of animal welfare laws and rules;

BILL AS PASSED BY THE HOUSE H.841 Page 18 of 35 (B) knowledge of animal welfare stakeholders in the State and regionally;

In developing the comprehensive plan, the Director shall first review VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 3 of 17 the 2023 Report on Unification of Animal Welfare and Related Public Safety Function and similar reports and proposed legislation.

BILL AS PASSED BY THE HOUSE H.841 Page 19 of 35 (D) how the State should ensure that investigations of animal cruelty complaints are conducted according to systematic and documented written standard operating procedures and checklists;

and VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 4 of 17 (G) recommended amendments to animal welfare statutes or rules, including standards of care for animals housed or imported by animal shelters or rescue organizations.

(c) The Director of Animal Welfare shall consult with other State agencies that respond to animal welfare complaints or with animal welfare responsibilities to estimate the number and type of animal welfare complaints received by State agencies and to quantify the amount of time State agency BILL AS PASSED BY THE HOUSE H.841 Page 20 of 35 staff expend in fulfilling animal welfare responsibilities, including the costs to agencies of fulfilling the responsibilities.

(e)(1) The Division of Animal Welfare may adopt rules pursuant to 33 V.S.A. V.S.A.

VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 5 of 17 (2) The Division of Animal Welfare shall adopt rules pursuant to 33 V.S.A. V.S.A.

(A) The Director shall consult with Vermont veterinarians for purposes of developing the rules and administering the program.

(B) The program shall permit licensed veterinarians to train and authorize veterinary and animal shelter staff to administer rabies vaccinations under the veterinarian’s direct or indirect supervision.

(C) The program shall authorize the Director of Animal Welfare, in consultation with Vermont veterinarians, to establish a program to train humane officers as certified rabies vaccinators.

(D) The program shall include training in properly storing and administering rabies vaccines, issuing rabies certificates, record-keeping BILL AS PASSED BY THE HOUSE H.841 Page 21 of 35 requirements, and providing information to owners and keepers of animals to be vaccinated.

(2) The Division of Animal Welfare shall adopt rules pursuant to 3 V.S.A.

chapter 25 to implement a certified rabies vaccinator program pursuant to the following standards:

(f)(1) The Director of Animal Welfare shall require that animal shelters, rescue organizations, dog breeders, and any other person importing domestic pets into the State of Vermont for adoption, sale, other transfer, or breeding BILL AS PASSED BY THE HOUSE H.841 Page 22 of 35 shall register with the Division of Animal Welfare.

The registration required VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 6 of 17 by this subsection shall include information on animal intake, production, inventory, and disposition.

and (2) appropriations made by the General Assembly;

BILL AS PASSED BY THE HOUSE H.841 Page 23 of 35 (3) any donations, grants, or gifts made to the Fund;

and (4) revenue from the Animal Welfare Fund checkoff under 32 V.S.A.

§ 5862g.

(c) All balances in the Fund at the end of the fiscal year shall be carried forward.

Interest earned by the Fund shall remain in the Fund.

§ 3203.

ANIMAL WELFARE FUND (a) The Animal Welfare Fund is established within the Department of Public Safety to fund the expenses incurred by the Division of Animal Welfare in implementing the requirements of this chapter.

The Director of Animal Welfare shall administer the Fund.

(b) The Fund shall consist of:

(1) 67 percent of the revenue collected from the surcharge assessed under subsection 3581(f) of this title;

and VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 7 of 17 (3) any donations, grants, or gifts made to the Fund.

§§ 3552 3552 is added to read:

§§ 3552. 3552.

SEXUAL STERILIZATION OF STRAY CATS WITH NO KNOWN OWNER BILL AS PASSED BY THE HOUSE H.841 Page 24 of 35 An animal shelter or rescue organization that, pursuant to a contract with a municipal legislative body, impounds a stray cat with no known owner may have the cat sexually sterilized not sooner than one day after the impound.

§§ 3581 3581 is amended to read:

The owner of a dog or wolf-hybrid shall cause it to wear a collar and attach a license tag issued by the municipal clerk to the VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 8 of 17 collar.

BILL AS PASSED BY THE HOUSE H.841 Page 25 of 35 (2) A person shall not own more than 35 dogs.

VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 9 of 17 The owner of any such dog or wolf-hybrid shall maintain a copy of the rabies vaccination form and provide it to State or municipal officials upon request.

BILL AS PASSED BY THE HOUSE H.841 Page 26 of 35 * * * Sec.

§§ 3583 3583 is amended to read:

VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 10 of 17 (3) When the number of domestic pets or wolf-hybrids so kept does not exceed ten, the fee shall be $30.00 and for each additional domestic pet or wolf-hybrid so kept, an annual fee of $3.00.

BILL AS PASSED BY THE HOUSE H.841 Page 27 of 35 (c) If the license fee is not paid by April 1, the owner or keeper may thereafter procure a license for that license year by paying a fee of 50 percent in excess of that otherwise required.

§§ 3682 3682 is amended to read:

The inspector may, at his or her the inspector’s discretion and with the approval of the municipality, be accompanied by a veterinarian or an officer or agent of a humane society VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 11 of 17 incorporated in Vermont.

§§ 3814 3814 is amended to read:

BILL AS PASSED BY THE HOUSE H.841 Page 28 of 35 (1) The supply of dogs, cats, and wolf-hybrids in Vermont is a major concern.

§§ 3815 3815 is amended to read:

DOG, CAT, AND WOLF-HYBRID SPAYING AND NEUTERING SEXUAL STERILIZATION PROGRAM (a) The Agency of Human Services shall administer a dog, cat, and wolf- hybrid spaying and neutering sexual sterilization program providing reduced- cost spaying and neutering sexual sterilization services and presurgical VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 12 of 17 immunization for dogs, cats, and wolf-hybrids owned or cared for by individuals with low income.

(b) The program shall reimburse veterinarians who voluntarily consent to spay or neuter sexually sterilize dogs, cats, and wolf-hybrids under the BILL AS PASSED BY THE HOUSE H.841 Page 29 of 35 auspices of the program.

§§ 3816 3816 is amended to read:

VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 13 of 17 (2) gifts from private donors;

BILL AS PASSED BY THE HOUSE H.841 Page 30 of 35 Sec.

§§ 3903 3903 is amended to read:

§§ 3907 3907 is amended to read:

DENIAL OR REVOCATION OF REGISTRATION OR LICENSE Issuance of a certificate of registration may be denied to any animal shelter, rescue organization, pet dealer, or fair, or a license may be denied to any public VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 14 of 17 auction or pet shop or any certificate or license previously granted under this chapter may be revoked by the Secretary if, after public hearing, it is determined that the housing facilities or primary enclosures are inadequate for the purposes of this chapter or if the feeding, watering, sanitizing, and housing practices of the animal shelter, rescue organization, fair, public BILL AS PASSED BY THE HOUSE H.841 Page 31 of 35 auction, or pet shop, as the case may be, are not consistent with this chapter or with rules adopted under this chapter.

§§ 3911 3911 is amended to read:

VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 15 of 17 (c) The Secretary may assess administrative penalties under 6 V.S.A.

§§§§ 15–17, 15–17, not to exceed $1,000.00, for violations of this chapter.

§§ 3915 3915 is amended to read:

HEALTH CERTIFICATE FOR TRANSPORT INTO STATE BILL AS PASSED BY THE HOUSE H.841 Page 32 of 35 (a) A dog, cat, ferret, or wolf-hybrid imported into the State for sale, resale, exchange, or donation shall be accompanied by an official health certificate or similar certificate of inspection for the dog, cat, ferret, or wolf-hybridwolf- hybrid issued by a veterinarian licensed in the state or country of origin.

VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 16 of 17 Sec.

§§ 3916 3916 is added to read:

BILL AS PASSED BY THE HOUSE H.841 Page 33 of 35 Sec.

§§ 3917 3917 is added to read:

REPORT32 OnV.S.A. or before December 15, 2026, the Director of Animal welfare shall report to the House Committee on Government Operations and Military VT LEG #388035 v.1 AS PASSED BY HOUSE H.841 Page 17 of 17 Affairs and the Senate Committee on Government Operations on the next steps necessary for the creation of a comprehensive animal welfare program in Vermont.

§ 5862g is added to read:

§ 5862g.

VERMONT ANIMAL WELFARE FUND CHECKOFF (a) Returns filed by individuals shall include, on a form prescribed by the Commissioner of Taxes, an opportunity for the taxpayer to designate funds to the Animal Welfare Fund established by 20 V.S.A.

§ 3203.

(b) Amounts designated under subsection (a) of this section shall be deducted from refunds due to, or an overpayment made by, the designating taxpayer.

All amounts so designated and deducted shall be deposited in an account by the Commissioner of Taxes for payment to the Animal Welfare BILL AS PASSED BY THE HOUSE H.841 Page 34 of 35 Fund.

If at any time after the payment of amounts so designated to the account it is determined that the taxpayer was not entitled to all or any part of the amount so designated, the Commissioner may assess, and the account shall then pay to the Commissioner, the amount received, together with interest at the rate prescribed by section 3108 of this title, from the date the payment was made until the date of repayment.

(c) The Commissioner of Taxes shall explain to taxpayers the purpose of the account and how to contribute to it.

The Commissioner shall provide notice in the instructions for the State individual income tax return as to how to obtain a copy of the annual income and expense report of the Animal Welfare Fund.

(d) If amounts paid with respect to a return are insufficient to cover both the amount owed on the return under this chapter and the amount designated as a contribution to the Animal Welfare Fund, the payment shall first be applied to the amount owed on the return under this chapter, and the balance, if any, shall be deposited in the Fund.

(e) Nothing in this section shall be construed to require the Commissioner to collect any amount designated as a contribution to the Animal Welfare Fund.

BILL AS PASSED BY THE HOUSE H.841 Page 35 of 35 Sec.

16 Sec.

15.

REPORT On or before December 15, 2026, the Director of Animal welfare shall report to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations on the next steps necessary for the creation of a comprehensive animal welfare program in Vermont.

17 Sec.

VT LEG #388035 v.1