Guam § 22705 - Release of Working Animals from Government

§ 22705. Release of Working Animals from Government

Service.

(a) Availability for Adoption. The Director of the Agency

concerned may make a working animal of such Agency available

for adoption by a person or entity referred to in Subsection (c),

unless the animal has been determined to be unsuitable for

adoption under Subsection (b), under the circumstances as

follows:

(1) at the end of the animal’s useful life;

(2) before the end of the animal’s useful life, if such

Director, in such Director’s discretion, determines that

unusual or extraordinary circumstances justify making the

animal available for adoption before that time; or

(3) when the animal is otherwise excess to the needs of

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such Agency.

(b) Suitability for Adoption. The decision whether a

particular animal is suitable or unsuitable for adoption under this

Section shall be made by the Leader of the last Unit to which the

animal is assigned before being declared excess. The Unit Leader

shall consider the recommendations of the Unit’s veterinarian, a

certified behaviorist, or other competent authority in making the

decision regarding the adoptability of the animal.

(c) Authorized Recipients. The working animals may be

adopted under this Section by law enforcement agencies, former

handlers of these animals, or other persons capable of humanely

caring for these animals.

(d) Consideration. The transfer of a working animal under

this Section may be without charge to the recipient.

(e) Limitations on Liability for Transferred Animals.

(1) Notwithstanding any other provision of law, the

government of Guam shall not be subject to any suit, claim,

demand or action, liability, judgment, cost or other fee arising

out of any claim for personal injury or property damage,

including death, illness, or loss of or damage to property or

other economic loss, that results from, or is in any manner

predicated upon, the act or omission of a former working

animal transferred under this Section, including any training

provided to the animal while a working animal.

(2) Notwithstanding any other provision of law, the

government of Guam shall not be liable for any veterinary

expense associated with a working animal transferred under

this Section for a condition of the working animal before

transfer under this Section, whether or not such condition is

known at the time of transfer under this Section.

(f) Annual Report. The Director of the Agency shall submit

to the Speaker of I Liheslaturan Guåhan an annual report

specifying the number of working animals adopted under this

Section during the preceding year, the number of working animals

currently awaiting adoption, and the number of working animals

euthanized during the preceding year. With respect to each

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euthanized working animal, the report shall contain an

explanation of the reason(s) why the animal was euthanized,

rather than retained for adoption under this Section.

(g) Definitions. For the purposes of this Section:

(1) Agency means the Guam Police Department, the

Department of Corrections, the A.B. Won Pat International

Airport Authority, or the Customs and Quarantine Agency;

(2) Director means the Chief of the Guam Police

Department, Director of the Department of Corrections, the

General Manager of the A.B. Won Pat International Airport

Authority, or the Director of the Customs and Quarantine

Agency;

(3) Working animal means a working dog for the

Agency;

(4) Unit means an operational division of the Agency;

and

(5) Leader means the chief officer in the Unit.