5785388 Resolution 21-321, Classroom Animal for Educational Purposes Emergency Declaration Resolution of 2015

A RESOLUTION

                                                        

21-321

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

December 1, 2015         

 

 

To declare the existence of an emergency with respect to the need to amend the Animal Control Act of 1979 to clarify that animals at educational institutions are permitted for educational and instructional purposes.

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Classroom Animal for Educational Purposes Emergency Declaration Resolution of 2015".

 

            Sec. 2. (a) There is an immediate need to amend section 9(h) of the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law 3-30; D.C. Official Code § 8-1808(h)), to make clear that animals at educational institutions are permitted for educational and instructional purposes.

(b) The Department of Health has previously notified schools across the District that they must remove animals – such as geckos, frogs, toads, tadpoles, and other species historically used for instructional purposes but not specifically cited in section 9 of the Animal Control Act of 1979 – or the District will seize and destroy them.

(c) To address this concern, the Council enacted the Classroom Animal for Educational Purposes Clarification Second Temporary Act of 2015 on April 30, 2015. Since its passage, a number of schools have obtained and maintained animals on the school premises to provide teaching and learning opportunities for students.

(d) Because a number of schools already maintain animals on their premises, this emergency action is necessary to prevent classroom and instructional animals from being removed and ensure that the schools can continue providing teaching and learning opportunities for students with living creatures that are treated and maintained humanely and safely.

(e) This emergency action is necessary to prevent a gap in the law as the temporary legislation that is currently in effect, the Classroom Animal for Educational Purposes Clarification Second Temporary Amendment Act of 2015, effective April 30, 2015 (D.C. Law 20-255; 62 DCR 2257), expires on December 11, 2015.  The permanent version of this emergency measure, the Educational and Instructional Animals Clarification Amendment Act of 2015, has not yet been passed by the Council.

 

            Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the

Classroom Animal for Educational Purposes Emergency Amendment Act of 2015 be adopted after a single reading.

 

            Sec. 4. This resolution shall take effect immediately.