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 COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS 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 COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS 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.