Bill > S3551

Introduced Session

This bill requires every animal rescue organization facility, shelter, pound, and pet shop in the State to establish an animal's health, behavioral, and medical history prior to offering the animal for adoption or sale, as applicable, by obtaining and retaining records of: (1) a complete medical examination by a State licensed veterinarian performed on the animal when the animal is received by the animal rescue organization facility, shelter, or pound and a subsequent medical examination no more than 14 days before the animal is adopted; (2) a complete behavioral and psychological assessment by a certified animal behaviorist, psychologist, or trainer, including a safety and temperament certification verifying that the animal does not appear to exhibit behavior or tendencies that would make the animal dangerous or unsuitable for adoption; and (3) to the extent possible, any information concerning the animal's history, including any dangerous behavior, illnesses, injuries, physical or behavioral abnormalities, history of dangerous behavior, vaccinations received, number, type, and location of homes the animal has had, the reasons the animal left its previous homes, any history of biting, scratching, or attacking people or animals, or any other known health, behavioral, or medical information that may cause concern for a person adopting the animal. The bill requires every animal rescue organization facility, shelter, pound, and pet shop in the State to disclose in writing any and all information obtained concerning the animal's history to any person considering adopting or purchasing the animal as a pet, with an advisory notice that the records may be incomplete. The bill also requires the person adopting or purchasing the animal to sign a form verifying that the written disclosure was provided. Under the bill, it would be an unlawful practice and a violation of the State consumer fraud law to fail to comply with the provisions of sections 1 or 2 of the bill, or to post or describe behavioral information about an animal on the Internet without evidence of that behavioral information. Violators of the State consumer fraud law can be subject to fines of up to $10,000 for a first offense, up to $20,000 for a second or subsequent offense, and the imposition of treble damages. In addition to the penalties imposed for violating consumer fraud law, if the animal causes bodily harm to, or death of, another animal or any person following the adoption or sale of the animal, and the animal rescue organization, shelter, pound, or pet shop, as applicable, failed to provide the safety and temperament certification required under the bill or knowingly withheld any behavioral information required to be disclosed under the bill, the animal rescue organization, shelter, or pound would be liable for a penalty of five times the adoption fee charged for the animal or a pet shop would be liable for a penalty of five times the purchase price of the animal. This bill is designated as "Rocky's Law" in honor of a domestic companion animal Rocky who lost his life to a rescue animal that had mental health issues that were not disclosed at the time of adoption.

AI Summary

Committee Categories

Joe Cryan (D)*,  Nick Scutari (D)*,  Richard Codey (D), 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 03/05/2019)