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Legislation Document
SPONSOR:
Sen. Poore & Rep. K. Williams & Rep. Griffith & Rep. K. Johnson
Sens. Cruce, Hansen, Hoffner, Sturgeon, Walsh; Rep. Ross Levin
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 257
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ANIMAL SHELTER OPERATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section 1.
Amend Subchapter I, Chapter 30F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating Delaware Code provisions accordingly:
§
3001F.
3000F.
Definitions.
For purposes of this subchapter:
(1) “Animal rescue organization” means
an animal welfare society or other non-profit organization that accepts custody of animals for the purpose of finding permanent adoptive homes for the animals and uses a network of foster homes to maintain the animals. An “animal rescue organization” does not do any of the following:
a. Maintain a facility or physical structure for housing animals until final disposition.
b. Breed animals.
c. Obtain animals in exchange for payment or compensation from any person that breeds or brokers the animals.
(1)
(2)
“Animal shelter” means a public or private
facility which includes
facility that includes
a physical
structure that
structure and which
provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered
animals
cats or dogs,
and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.
In addition to sheltering cats or dogs, the facility may also shelter other species.
“Animal shelter”
shall
does
not include individuals providing temporary foster care to animals in their
home or to animal rescue groups sheltering animals on an individual’s private property.
home or an animal rescue organization.
(6) “Foster home”
means the temporary shelter for an animal provided by an individual in that individual’s home while the animal is in the custody of the animal rescue organization or animal shelter.
(6)
(8)
“Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care.
Intake
“Intake”
includes all animals admitted to the shelter,
a
foster
care,
home,
or a satellite location.
(12) “Person” means corporations, companies, associations, firms, partnerships, societies, and joint-stock companies, this State, a county or a municipality of this State, as well as individuals.
Section 2. Amend Subchapter I, Chapter 30F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3001F. License required.
(a) A person may not operate an animal shelter in this State without doing both of the following:
(1) Obtaining a license from the Department.
(2) Renewing the license annually.
(b)(1) Each branch of an animal shelter must be separately licensed, even if the branches are operated by the same person.
(2) Licenses are not transferable to another branch or person.
(c)(1) An application for a license and license renewal must be submitted in the form and manner required by the Department.
(2) The Department may charge an animal shelter a reasonable license fee and license renewal fee that may not exceed the costs to the Department of administering this subchapter.
(d) An animal shelter must undergo an inspection before an initial license is issued to ensure that animal shelter’s ability to comply with this subchapter and applicable regulations.
(e)(1) Subject to subsection (f) of this section, the Department shall renew a person’s license if that person complies with subsection (c) of this section by filing an application to renew the license and paying any required license renewal fee.
(2) The Department has discretion to issue an animal shelter a provisional license when requirements for license renewal are not met under subsection (f) of this section if the required license renewal fee has been paid.
(f) The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following:
(1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license.
(2) Fails to meet the requirements of this subchapter or any applicable regulation
.
(3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following:
a. An application for a license or a license renewal.
b. Any data or document submitted to the Department.
c. Records required to be kept under this subchapter or under applicable regulation.
(4) Refuses to allow representatives or agents of the Department to inspect any of the following:
a. All or any portion of the animal shelter.
b. Any documents, records, or files required to be maintained by the animal shelter.
(5) Does not correct a previously identified violation.
(6) Has unpaid fees or fines.
(7) Has a history of noncompliance with animal welfare laws or applicable regulations.
(g) Failure to comply with subsection (a) of this section may result in the imposition by the Department of a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate an animal shelter without a license is another violation. The Department may issue a warning for the first violation.
(h) A person must be given notice and the opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 before the Department may do either of the following:
(1) Revoke, suspend, or deny a license or license renewal.
(2) Issue a civil penalty under subsection (g) of this section.
Section 3. Amend § 3003F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3003F. Animal adoption, recovery, and rehabilitation.
(b) Animal shelters shall provide a minimum holding period of 3 business days for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or
animal
rescue
organization
for adoption, or adopted as a companion in a suitable home. The holding period required by this subsection
shall not
does not
apply to owner-surrendered animals, other cases in which the owner of the animal is known, or to cats that are returned to field as part of a free-roaming cat program.
(d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including
breed specific rescues,
breed-specific animal rescue organizations,
or to provide the animals with long-term placements. The registry
shall
must
include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters
shall
have the right to inspect the facilities of any adoption organization taking animals from the shelter.
Section 4. Amend § 3004F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3004F. Euthanasia in animal shelters.
(a) Any dog,
cat
cat,
or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or
animal rescue group,
animal rescue organization,
placed into a free-roaming cat program, or reclaimed by the owner within 5 days may be euthanized, provided that no reasonable alternatives are available and the requirements of subsections (b) and (c) of this section are met.
Section 5. Amend § 3013F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3013F. Definitions.
As used in this subchapter:
(1) “Animal shelter” means
a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals.
as defined in § 3000F of this title.
Section 6. Amend § 3041F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3041F. Definitions.
As used in this subchapter:
(1) “Animal shelter” means
a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and is operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. “Animal shelter” does not mean individuals providing temporary foster care to animals in their home or animal rescue groups sheltering animals on an individual’s private property.
as defined in § 3000F of this title.
Section 7. Amend § 3091F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3091F. Definitions.
For purposes of this subchapter:
(2) “Animal shelter” means as defined in §
3001F
3000F
of this title.
Section 8. This Act takes effect January 1, 2027.
Section 9. The initial inspection requirement in § 3001F(d), contained in Section 2 of this Act, is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027.
SYNOPSIS
This Act requires animal shelters that operate in this State to be licensed by the Department of Health and Social Services (Department). Licenses must be renewed annually, and the Department may charge a reasonable license and license renewal fee not to exceed the costs of administering Subchapter I of Chapter 30F of Title 16 (this subchapter). An animal shelter applying for licensure for the first time is subject to an inspection to ensure ability to comply with this subchapter.
The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following:
(1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license.
(2) Fails to meet the requirements of this subchapter or any applicable regulation.
(3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following:
a. An application for a license or a license renewal.
b. Any data or document submitted to the Department.
c. Records required to be kept under this subchapter or under applicable regulation.
(4) Refuses to allow representatives or agents of the Department to inspect any of the following:
a. All or any portion of the animal shelter.
b. Any documents, records, or files required to be maintained by the animal shelter.
(5) Does not correct a previously identified violation.
(6) Has unpaid fees or fines.
(7) Has a history of noncompliance with animal welfare laws or applicable regulations.
The Department has discretion to issue provisional licensure for an applicant seeking license renewal.
An animal shelter that fails to comply with the licensure requirement is subject to a warning or a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate without a license is another violation.
This Act moves the existing definitions section from § 3001F to § 3000F to fit the licensure requirement within the animal shelter operation subchapter. This Act also amends internal citations and word use to account for the movement of the definitions section and the addition of new definitions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.
This Act takes effect January 1, 2027. The initial inspection requirement is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027.
Author: Senator Poore