Under the act, a political subdivision shall not adopt or enforce a regulation that prohibits the operation of a pet shop that is licensed in this state. Nothing in the act shall be construed to prohibit the enforcement of any applicable building and zoning laws, or relevant inspections as required by ordinance or law.

This act modifies provisions regarding a warrant to confiscate neglected or abused animals and provides that all warrants shall be served in the presence of a law enforcement official. A person acting under the authority of such warrant shall appear at a disposition hearing where the warrant was issued within fifteen days of the confiscation of such animal, instead of thirty days of filing of a request, to grant immediate disposition of such animal. The act provides that one of the appropriate placements of such animals is a third party approved by the court. If no such third party is available, the animal shall not be confiscated unless it is diseased or disabled. A person acting under the authority of such warrant shall not be liable for any reasonable damage to property while acting under such warrant. A custodian of a person subject to such warrant may prevent disposition of the animal by posting a bond in an amount sufficient to keep such animal at least ten, instead of thirty, days on which the animal was taken into custody.

Under the act, all animals confiscated shall receive proper care as determined by state law and regulations as described in the act. Any person or entity who intentionally euthanizes or sterilizes such animals prior to a disposition hearing is guilty of a Class B misdemeanor as described in the act.

All requests for warrants under the act by law enforcement officers shall be signed, witnessed, and accompanied by an affidavit stating the probable cause to believe a violation has occurred as described in the act. Law enforcement officers shall take lawful possession of animals in accordance with the provisions of the act. If property confiscated under the act includes animals, the placement of such animals shall be handled in accordance with the act.

This act is identical to the perfected HB 995 (2023), SB 530 (2023), and is similar to SB 132 (2023) and HB 2204 (2022).

JULIA SHEVELEVA