SPONSOR:

Sen. Lawson & Rep. Carson

Sens. Brown, Buckson, Cruce, Hansen, Hocker, Hoffner, Huxtable, Lockman, Mantzavinos, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Seigfried, Sokola, Sturgeon, Townsend, Walsh, Wilson; Reps. Chukwuocha, Cooke, Ross Levin, D. Short, Shupe, Yearick

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 38

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RETIRED LAW-ENFORCEMENT ANIMALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter VII, 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:

Subchapter VII. Retired Law-Enforcement Canine Animals Act

§ 3095F. Definitions.

For purposes of this subchapter:

(1) “Department” means any of the following:

a. Department of Correction.

b. Department of Safety and Homeland Security for the State Police and Capitol Police.

c. Department of Natural Resources and Environmental Control.

d. State Fire Prevention Commission for the Office of the State Fire Marshal.

e. Any police department of a political subdivision of the State.

(2) “Owner” means the person who, under written agreement with the Department that the retired law-enforcement canine or retired law-enforcement horse assisted, has taken possession of that canine or horse.

(3) “Retired law-enforcement canine” means a canine previously trained for and used by a Department to assist with the performance of law-enforcement duties.

(4) “Retired law-enforcement horse” means a horse previously trained for and used by a Department, as defined under paragraph (1)a., b., c., or d. of this section, to assist with the performance of law-enforcement duties.

(5) “Veterinary care” means the medical care provided by a “veterinarian,” as defined in § 3302 of Title 24. “Veterinary care” includes the costs of prescription medication, surgery to remedy substantial risk to life or health, and cremation. “Veterinary care” does not include elective surgery.

§ 3096F. Veterinary care for retired law-enforcement canines.

(a) For purposes of this section:

(1) “Department” means any of the following:

a. Department of Correction.

b. Department of Safety and Homeland Security for the State Police and Capitol Police.

c. Department of Natural Resources and Environmental Control.

d. State Fire Prevention Commission for the Office of the State Fire Marshal.

e. Any police department of a political subdivision of the State.

(2) “Owner” means the person who, under written agreement with the Department that the retired law-enforcement canine assisted, has taken possession of the retired law-enforcement canine.

(3) “Retired law-enforcement canine” means a canine previously trained for and used by a Department to assist with the performance of law-enforcement duties.

(4) “Veterinary care” means the medical care provided by a “veterinarian,” as defined in § 3302 of Title 24. “Veterinary care” includes the costs of prescription medication, surgery to remedy substantial risk to life or health, and cremation. “Veterinary care” does not include elective surgery.

(b)(1) (a)(1) The Department, as defined in paragraph (a)(1)a., b., c., or d. of this section, that § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement canine assisted shall reimburse an owner up to $1,500 annually for veterinary care expenses paid by the owner for the care of that retired law-enforcement canine.

(2) The Department of Safety and Homeland Security Security, for a law-enforcement canines canine retired from Departments as defined in paragraph (a)(1)e. of this section, a Department, as defined in § 3095F(1)e. of this title, shall reimburse an owner up to $1,500 annually for veterinary care expenses paid by the owner for the care of the that retired law-enforcement canine.

(c)(1) (b)(1) The Department, as defined in paragraph (a)(1)a., b., c., or d. of this section, that § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement canine assisted shall require that the owner provide documentation of the veterinary care expenses.

(2) The Department of Safety and Homeland Security shall require that the owner provide documentation of the veterinary care expenses for the retired law-enforcement canine of a Department as defined in paragraph (a)(1)e. of this section. that assisted a Department, as defined in § 3095F(1)e. of this title.

(d) (c) The Department of Correction, the Department of Safety and Homeland Security, the Department of Natural Resources and Environmental Control, and the State Fire Prevention Commission shall each promulgate regulations to establish a reimbursement process under this section.

§ 3097F. Veterinary care and farrier services for retired law-enforcement horses.

(a) The Department, as defined in § 3095F(1)a., b., c., or d. of this title, that a retired law-enforcement horse assisted shall reimburse an owner up to $5,000 annually for veterinary care expenses and farrier services paid by the owner for the care of that retired law-enforcement horse.

(b) The Department, as defined in § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement horse assisted shall require that the owner provide documentation of the veterinary care expenses and farrier services for the care of that retired law-enforcement horse.

(c) If this section is applicable to a Department, then that Department shall promulgate regulations to establish a reimbursement process under this section.

Section 2. This Act is effective immediately and shall be implemented 6 months after enactment. This Act does not apply to law-enforcement horses that retire before the implementation date of this Act.