3202. Establishment of Division of Animal Welfare; powers and duties
(a)(1) The Division of Animal Welfare is established within the Department of Public Safety. The Commissioner of Public Safety shall appoint a Director of Animal Welfare who shall be in immediate charge of the Division. The Director shall be qualified by education and professional experience to perform the duties of the position. The Director shall have at least the following minimum qualifications:
(A) experience in interpreting or knowledge of animal welfare laws and rules;
(B) knowledge of animal welfare stakeholders in the State and regionally; and
(C) knowledge of the causes and characteristics of animal welfare and animal cruelty issues.
(2) The Director position shall be a classified service position in the Department of Public Safety.
(b)(1) The Director shall develop a comprehensive plan for the development, implementation, and enforcement of the animal welfare laws of the State. In developing the comprehensive plan, the Director shall first review the 2023 Report on Unification of Animal Welfare and Related Public Safety Function and similar reports and proposed legislation. The plan shall include:
(A) how the Director shall oversee investigation and response to animal cruelty complaints in the State in order to provide the best services to Vermont’s animals statewide;
(B) how the Director shall coordinate administration and enforcement of animal welfare laws in the State in a collaborative manner with those law enforcement officers and municipalities that retain authority to enforce animal cruelty requirements in the State;
(C) how the State should address the extent and scope of any deficiencies in Vermont’s system of investigating and responding to animal cruelty complaints;
(D) how the State should ensure that investigations of animal cruelty complaints are conducted according to systematic and documented written standard operating procedures and checklists;
(E) a proposal to house and care for animals seized in response to complaints of animal cruelty, including how to pay for the care of seized animals;
(F) a proposal for funding animal welfare administration and enforcement in the State, including potential sources of public and private funding; and
(G) recommended amendments to animal welfare statutes or rules, including standards of care for animals housed or imported by animal shelters or rescue organizations.
(2) The Director of Animal Welfare shall submit the comprehensive plan required by this subsection and any revisions thereto to the House Committee on Government Operations and Military Affairs and the Senate Committee on Government Operations not later than eight months after the date of hiring of the Director.
(c) The Director of Animal Welfare shall consult with other State agencies that respond to animal welfare complaints or with animal welfare responsibilities to estimate the number and type of animal welfare complaints received by State agencies and to quantify the amount of time State agency staff expend in fulfilling animal welfare responsibilities, including the costs to agencies of fulfilling the responsibilities.
(d) The Director of Animal Welfare shall be the sole employee of the Division of Animal Welfare until the comprehensive plan required under subdivision (b)(2) of this section is completed and the General Assembly enacts legislation, as needed, to implement the comprehensive plan.
(e) The Division of Animal Welfare may adopt rules pursuant to 3 V.S.A. chapter 25 to implement the provisions of this chapter.
(f)(1) The Director of Animal Welfare shall require that animal shelters, rescue organizations, and pet dealers, and any person importing one or more domestic pets into the State of Vermont for adoption, sale, other transfer, or breeding shall register with the Division of Animal Welfare. The registration required by this subsection shall include information on animal intake, production, inventory, and disposition. No fee shall be charged for the registration.
(2) If a person fails to register as required by subdivision (1) of this subsection the Director shall:
(A) for a first violation, issue the person a warning; and
(B) for a second or subsequent violation, issue a fine and a cease and desist order to the same extent that the Secretary and municipal legislative bodies have authority to issue such orders under chapter 193 of this title.
(3) This subsection shall not apply to an individual importing a domestic pet for personal purposes.
(g) The Division of Animal Welfare shall adopt rules pursuant to 3 V.S.A. chapter 25 to:
(1) provide for the receipt and management of security posted in animal forfeiture proceedings and transferred to the Fund by the court pursuant to 13 V.S.A. § 354(d)(3)(B) and 13 V.S.A. § 354(g)(2); and
(2) make distributions and reimbursements from the Fund for the purposes authorized by 13 V.S.A. § 354.
Added 2023, No. 167 (Adj. Sess.), § 1, eff. Jan. 1, 2025; amended 2025, No. 121 (Adj. Sess.), § 1, eff. June 8, 2026; 2025, No. 118 (Adj. Sess.), § 6, eff. July 1, 2026.
