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Senate clarifies municipal authority for "trap-neuter-return" by allowing permissive community-cat programs

Utah Senate · March 3, 2011
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Summary

Second Substitute Senate Bill 57 clarifies that city and county animal-control departments may release feral/community cats into authorized community-cat (TNR) programs if animals are neutered and ear-marked, and require sponsors to keep sterilization and vaccination records; senators emphasized the bill remains permissive ('may').

The Senate took up Second Substitute Senate Bill 57 to clarify that cities and counties may place feral or community cats into volunteer-managed trap-neuter-return (TNR) programs and release animals to program sponsors prior to the traditional three-day holding period if the animals are sterilized and ear-marked.

Sponsor explanation noted the bill consolidates and relocates existing code sections into a new section and adds express authority for animal-control departments to place cats "by placement in a community cat program" and to accept sterilization/vaccination records that sponsors must keep for three years. Sponsors and supporters argued the measure simply clarifies existing permissive practices used in cities such as Salt Lake City, St. George and Moab and could save municipal holding and euthanasia costs.

Debate focused on the bill's permissive language. Several senators, including Senator Okun and Senator Stowell, stressed it says "may" rather than "shall," preserving local discretion; Senator Dayton and others raised concerns about encouraging colonies and whether returning neutered cats addresses nuisance complaints. Sponsor replied that the provision is permissive and leaves local governments flexibility.

The clerk reported the second substitute passed on the floor by roll-call tally (21 yeas, 3 nays, 5 absent) and the bill will be moved to the third-reading calendar.