Senate Bill 2347

AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY ANIMAL FACILITY TO RELEASE ANY DOG OR CAT WHICH HAS NOT BEEN STERILIZED TO A NEW OWNER EXCEPT UNDER LIMITED CIRCUMSTANCES; TO PROVIDE FOR FOSTER CARE AGREEMENT UNTIL SUCH TIME AS A DOG OR CAT IS MEDICALLY FIT TO SAFELY BE STERILIZED; TO AUTHORIZE ANIMAL FACILITIES TO CHARGE ADOPTION FEES TO COVER THE COSTS OF STERILIZATION; TO PROVIDE A CRIMINAL PENALTY FOR VIOLATION OF THE ACT; TO EXEMPT PRIVATELY OWNED ANIMALS WHO ARE CLAIMED WITHIN A SET TIME PERIOD; TO PROVIDE THAT AN ANIMAL FACILITY SHALL NOT BE SUBJECT TO ANY LIABILITY FOR STERILIZING A PRIVATELY OWNED ANIMAL WHICH IS NOT CLAIMED BY ITS OWNER WITHIN THE ESTABLISHED TIME PERIOD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this act,

(a) "Animal facility" means:

(i) A facility operated by or under contract for the state, a county, a municipality or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals;

(ii) A veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and

(iii) A facility operated, owned, or maintained by a duly incorporated humane society, animal welfare organization, animal rescue group, animal shelter or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

(b) "Veterinarian" means an individual licensed to practice in Mississippi under Title 73, Chapter 39, Mississippi Code of 1972.

(2) It shall be unlawful for any animal facility to release any dog or cat which has not been sterilized to a new owner except as provided in subsection (3) of this section.

(3) (a) An animal facility may release to a new owner any dog or cat over three (3) months of age which has not been sterilized only in accordance with this subsection.

(b) An animal, which in the opinion of a veterinarian is medically compromised to the extent that it cannot withstand immediate sterilization, may be temporarily released pursuant to a foster care agreement until such time:

(i) As it can safely be sterilized; or

(ii) Until two (2) veterinarians certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized. Upon such certification, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding.

(c) An owner who violates a foster care agreement under this subsection shall be subject to the penalties set forth in subsection (5) of this section.

(4) All costs of sterilization pursuant to this section shall be the responsibility of the person acquiring the animal, and if sterilization is performed prior to acquisition, may be included in any fees charged by the animal facility for an animal.

(5) Violations of this section by nongovernmental persons or entities are declared to be misdemeanors punishable, upon conviction, by a fine of not less than one hundred dollars ($100) nor more than Five Hundred Dollars ($500.00).

(6) The requirements of this section shall not apply to any privately owned animal in possession of a animal facility if the dog or cat is being claimed by and returned to its lawful owner within seven (7) days of the dog or cat being taken into custody by the agency. An animal facility shall not be subject to any liability for sterilizing a privately owned animal which is not claimed by its owner within the time period under this subsection.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.