<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 64 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>consider the recommendations <strong>of</strong> a volunteer board appointed by the Director <strong>of</strong> Agriculture and consisting <strong>of</strong> 5 Illinois residents who are <strong>of</strong>ficers or directors <strong>of</strong> humane societies operating indifferent regions in Illinois. Effective immediately.HB5734 - New Act Creates the Handgun Dealer Licensing Act. Provides for the regulation <strong>of</strong> handgun dealers through licensure by the Department <strong>of</strong> State Police. Provides that no personmay sell or otherwise transfer, expose for sale or transfer, or have in his or her possession with the intent to sell or transfer any concealable firearm without being licensed under the Act.Provides, however, that the prohibition does not apply to a person who makes occasional sales, exchanges, or purchases <strong>of</strong> concealable firearms for the enhancement <strong>of</strong> a personal collectionor as a hobby, or who sells all or part <strong>of</strong> his or her personal collection <strong>of</strong> firearms. Sets forth provisions concerning application, fees, duration <strong>of</strong> licensure, license retention requirements,submissions to the Department, penalties, revocation, and suspension. Grants rulemaking authority to the Department and provides that for the purpose <strong>of</strong> determining compliance with theAct, the Act may be enforced by any municipality in which a licensee is located or, if a licensee is not located in a municipality, by the county in which a licensee is located.HB5771 - Amends the Animal Welfare Act. Provides for the licensure <strong>of</strong> dog breeders and the regulation <strong>of</strong> commercial dog breeders. Defines "dog breeder" as any person who owns, haspossession <strong>of</strong>, or harbors 6 or more female dogs capable <strong>of</strong> reproduction for the purpose <strong>of</strong> the sale <strong>of</strong> their <strong>of</strong>fspring. Defines "commercial dog breeder" as any dog breeder who (1) owns, haspossession <strong>of</strong>, or harbors 10 or more female dogs capable <strong>of</strong> reproduction; (2) breeds or whelps dogs; and (3) sells or transfers any dog to a whole sale dog dealer or pet shop or otherwise sellsor transfers more than 30 dogs per calendar year. Provides additional requirements for licensees related to the treatment <strong>of</strong> dogs. Provides that, in addition to certain requirements imposedon other licensees under the Act, commercial dog breeders shall meet certain specified requirements concerning the treatment <strong>of</strong> dogs.HB5772 - Amends the Animal Welfare Act. Sets forth disclosure requirements for any dog or cat made available for adoption or sale by an animal shelter, animal control facility, or pet shopoperator, including adoptions or sales available over the internet. Sets forth certain requirements concerning an acknowledgement <strong>of</strong> disclosures form which must be signed by the customeror adopter and the pet shop operator or authorized representative <strong>of</strong> the animal shelter or animal control facility. Makes other changes. Amends the Consumer Fraud and Deceptive BusinessPractices Act. Provides that any person who knowingly violates the disclosure requirements for a pet shop operator who sells a dog or cat under the Animal Welfare Act commits an unlawfulpractice. Effective January 1, 2011SB3594 - Amends the Animal Welfare Act. Sets forth disclosure requirements for any dog or cat made available for adoption or sale by an animal shelter, animal control facility, or pet shopoperator, including adoptions or sales available over the internet. Sets forth certain requirements concerning an acknowledgement <strong>of</strong> disclosures form which must be signed by the customer oradopter and the pet shop operator or authorized representative <strong>of</strong> the animal shelter or animal control facility. Makes other changes. Amends the Consumer Fraud and Deceptive BusinessPractices Act. Provides that any person who knowingly violates the disclosure requirements for a pet shop operator who sells a dog or cat under the Animal Welfare Act commits an unlawfulpractice. Effective January 1, 2011.SB3633- Amends the Animal Welfare Act. Sets forth disclosure requirements for any dog or cat made available for adoption or sale by an animal shelter, animal control facility, or petshop operator, including adoptions or sales available over the internet. Sets forth certain requirements concerning an acknowledgement <strong>of</strong> disclosures form which must be signed bythe customer or adopter and the pet shop operator or authorized representative <strong>of</strong> the animal shelter or animal control facility. Makes other changes. Amends the Consumer Fraudand Deceptive Business Practices Act. Provides that any person who knowingly violates the disclosure requirements for a pet shop operator who sells a dog or cat under the AnimalWelfare Act commits an unlawful practice. Effective January 1, 2011.Elgin- city leaders are considering rules that will require pit bull owners to: pay $100 for a three-year registration <strong>of</strong> their dogs; have $500,000 worth <strong>of</strong> insurance; and have theirpets leashed and muzzled when they are being walked. Violators could receive a $1,000 fine if they do not comply with the proposed laws that automatically deem pitbulls"dangerous" dogs. UPDATE: Passed BSL 02/25/10 Comment: If your decision to come to Elgin is based on shopping in a city that has no regulations for a per se dangerous animal,I would urge you to consider another city.Sincerely,Councilman John PriggeIOWAHB2280/HSB604 - An Act providing for the treatment <strong>of</strong> animals other than agricultural animals, by providing for regulation <strong>of</strong> commercial establishments, providing for reporting <strong>of</strong>threatened animals, providing for fees, providing penalties, and including effective date provisions.SF2365 - An Act providing for the treatment <strong>of</strong> animals other than agricultural animals, by providing for regulation <strong>of</strong> commercial establishments, providing for reporting <strong>of</strong> threatenedanimals, providing for fees, providing penalties, and including effective date provisions.KENTUCKYHB169 - AN ACT relating to crimes and punishment. Amend KRS 525.125, relating to cruelty to animals in the first degree, to provide that causing any animal, not just a four-legged animal,to fight is a Class D felony; amend KRS 525.130, relating to cruelty to animals in the second degree, to provide that a person is guilty <strong>of</strong> cruelty to animals in the second degree if he is aspectator at any animal fight, not just a four-legged animal fight, possesses an animal for fighting, possesses a device used for animal fighting, or administers a drug to an animal for thepurpose <strong>of</strong> fighting.HB175 - AN ACT relating to reclamation. Create a new section <strong>of</strong> KRS Chapter 350 to declare the importance <strong>of</strong> supporting pollinator habitats on reclamation sites to speed up revegetationand improve soil and hydrologic stability; amend KRS 350.113 to include pollinator colonies in the planting reports; amend KRS 350.435 to include pollinator habitats when dealing withintroduced species on reclamation sites; create a noncodified section to request the interim joint committee with jurisdiction over mine reclamation to examine the issue <strong>of</strong> pollinator habitatsand ways to support beekeeping on mine reclam.HB225 - AN ACT relating to animals. Amend KRS 525.125, 525.130, and 525.135 to forfeit ownership <strong>of</strong> animals involved in cruelty and torture cases and prohibit ownership or possession<strong>of</strong> animals <strong>of</strong> the same species for two years.HB238 - AN ACT relating to veterinarians. Amend KRS 321.185 to provide immunity from civil or criminal actions to veterinarians who, in good faith, report suspected incidents <strong>of</strong> animalabuse or torture to the proper authorities.HB398 - AN ACT relating to equines. Create new sections <strong>of</strong> KRS Chapter 230 to establish the Kentucky Equine Health and Welfare Board; define "board" and "equine"; attach the board tothe Environmental and Public Protection Cabinet; specify board membership and terms <strong>of</strong> service; set out duties and functions <strong>of</strong> the board; require annual reporting; establish the equinehealth and welfare fund.HB517 - AN ACT relating to animal impoundment. Create new sections <strong>of</strong> KRS Chapter 258 define "animal control <strong>of</strong>ficer," "humanely destroy," and "reasonable expenses"; allow animalcontrol <strong>of</strong>ficers and agents <strong>of</strong> humane societies to take physical custody <strong>of</strong> any animal if they have a warrant or if they have reasonable cause to believe an animal is in imminent harm, cruellytreated, or tortured; allow governmental animal control agencies to file a petition with the court to request the owner or owners to appear in court; permit animal control <strong>of</strong>ficers and agents <strong>of</strong>humane societies to euthanize the animal if it is deemed by a licensed veterinarian to be past recovery; require the court to issue an order placing seized animals in the temporary care andcustody <strong>of</strong> a public or private agency pending a hearing <strong>of</strong> the petition; require the courts to hold a hearing within 14 days <strong>of</strong> the order being issued; require 48 hours prior to the hearing thatorders be served and notices be posted and published; require the owner or owners <strong>of</strong> animals seized by court order to either relinquish ownership temporarily or post a bond; define bond'ssufficiency to secure payment <strong>of</strong> all reasonable expenses, with the agency or person with whom the animal's temporary care and custody was placed; allow the bond requirement to be waivedif the owner is indigent; allow the court to either order ownership <strong>of</strong> the animal be placed with any public or private agency or be returned to the owner or owners; provide for full or partialrefund <strong>of</strong> the bond based on final disposition <strong>of</strong> the case; amend KRS 258.505 to clarify that the prohibition against gunshot in animal shelter euthanasia does not apply to peace <strong>of</strong>ficers oranimal control <strong>of</strong>ficers outside animal shelter situations.HR143 / SR113 - A RESOLUTION honoring Kentucky's farmers for providing its citizens with the most nutritious and affordable food in the world, and recognizing February 21 to 27, <strong>2010</strong>,
<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 65 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>as Food Checkout Week.SB105 - Kentucky Livestock Standards Commission - AN ACT relating to agriculture. Amend KRS 257.010 to define "Commission"; create new sections <strong>of</strong> KRS Chapter 257 to create theKentucky Livestock Care Standards Commission; to name the members <strong>of</strong> the commission; to establish the terms <strong>of</strong> the members; to prohibit the commission from abrogating the regulatoryauthority <strong>of</strong> the Kentucky Horse Racing Authority or the Kentucky Board <strong>of</strong> Veterinary Examiners; to prohibit local governments from having livestock or poultry standards that exceed thestandards <strong>of</strong> the commission.MASSACHUSETTSH344 - An Act prohibiting devocalization <strong>of</strong> dogs and cats. Passed HouseThis is the committee hearing the debarking bill:PLEASE contact your Senator and the Senate Committee on Ethics and RulesContact info for this committee is here:http://www.mass.gov/legis/comm/s29.htmIt's urgent that knowledgable MA residents get in touch with their state Senators andeducate them.Pioneer State: Massachussetts House Passes Dog De-Barking Ban Bill - (3/5/10) - <strong>The</strong> bill was authored by Rep. Lida Harkins, D-Needham, and co-sponsored by Rep. Bill Bowles, D-Attleboro. Bowles said, "I think basically it is a cruel and barbaric practice."This cruel and unnecessary procedure, along with tail docking and feline declawing has already been humanely banned throughout the United Kingdom. <strong>The</strong> amendments posed bythe Massachusetts' Veterinary Association that would have permitted the continuation <strong>of</strong> the cruel practice <strong>of</strong> the "cosmetic only procedure" debarking surgery were defeated by theMassachusetts's heroic state legislators.With the exception <strong>of</strong> any serious medical condition, such as throat cancer, the bill bans debarking surgery, which consists <strong>of</strong> cutting or surgically altering the vocal cords This isdone to lessen noise, and to prevent dogs from barking altogether. Through their tireless efforts, the unfunded grassroots activists pulled the victory <strong>of</strong>f, much to the surprise <strong>of</strong> theadvocates <strong>of</strong> debarking surgery, who will no doubt double their efforts to either ban the bill or water it down substantially. Incredibly there are many breeders as well who will alsono doubt join the protestors, since they routinely de-bark their breeding stock to prevent neighbors from complaining about excessive noise. Incredibly, some breeders actuallyperform the surgery themselves. State Rep. Cheryl Coakley-Rivera felt so strongly about the need for this bill to pass that she brought her own pet Terrier, Liam, to the proceedings.She told her colleagues that the practice <strong>of</strong> "devocalization" should be outlawed, as it is inhumane.Here is an excerpt from her speech on the House Floor:"(My dogs) are members <strong>of</strong> my family. <strong>The</strong>y may not be search dogs who find people...or assistance dogs working with children. But they are special to me. (Devocalization) involvesmonetary pr<strong>of</strong>it, not love <strong>of</strong> animals. (It) is inhumane and must be stopped. Most people who devocalize their dogs don't take the time and training. Little dogs have a tendency toyelp, it's their only defense. I brought my friend who has sat here for the last 40 minutes and not said a word. He gets love and humane treatment from my family. Please accept thisbill as written."And now the bill now heads to the Senate.H1499- An Act to Include Animals in Abuse Prevention Orders.MARYLANDSB505 - AN ACT concerning Pet Stores - Sale <strong>of</strong> Dogs Less than 9 Months <strong>of</strong> Age Prohibited - Prohibiting a retail pet store from selling or taking specified other actions with a dog less than 9months <strong>of</strong> age; exempting specified establishments from the requirements <strong>of</strong> the Act; establishing a specified civil penalty for a violation <strong>of</strong> the Act; and providing a specified exception to therequirements <strong>of</strong> the Act.MISSISSIPPIHB1293 - AN ACT TO ESTABLISH THE MISSISSIPPI NON-NATIVE REPTILE PROGRAM; TO REQUIRE THE PROGRAM TO BE ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF WILDLIFE,FISHERIES AND PARKS; TO PROVIDE MINIMUM GUIDELINES FOR IMPLEMENTATION OF THE PROGRAM; AND FOR RELATED PURPOSES. - Died in committeeSB2623 - AN ACT TO CREATE SECTION 97-41-25, MISSISSIPPI CODE OF 1972, TO PROHIBIT CRUELTY TO VERTEBRATE ANIMALS; TO CREATE SECTION 97-41-27, MISSISSIPPICODE OF 1972, TO ESTABLISH THE CRIME OF AGGRAVATED CRUELTY TO ANY DOMESTICATED DOG OR CAT; TO CREATE SECTION 97-41-29, MISSISSIPPI CODE OF 1972, TOPROVIDE EXEMPTIONS FROM CRIMINAL LIABILITY UNDER THE CHAPTER; TO CREATE SECTION 97-41-31, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO REPEALSECTIONS 97-41-1, 97-41-5, 97-41-7, 97-41-9 AND 97-41-16, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH ANIMAL CRUELTY; AND FOR RELATED PURPOSES. Died incommitteeSB3085 - AN ACT TO CREATE SECTION 97-41-25, MISSISSIPPI CODE OF 1972, TO PROHIBIT CRUELTY TO VERTEBRATE ANIMALS; TO CREATE SECTION 97-41-27, MISSISSIPPICODE OF 1972, TO ESTABLISH THE CRIME OF AGGRAVATED CRUELTY TO ANY DOMESTICATED DOG OR CAT; TO CREATE SECTION 97-41-29, MISSISSIPPI CODE OF 1972, TOPROVIDE EXEMPTIONS FROM CRIMINAL LIABILITY UNDER THE CHAPTER; TO REPEAL SECTIONS 97-41-1, 97-41-5, 97-41-7, 97-41-9 AND 97-41-16, MISSISSIPPI CODE OF 1972,WHICH DEAL WITH ANIMAL CRUELTY; AND FOR RELATED PURPOSES. Died in committeePearl - Amendments to the county's animal control and cruelty ordinances are forthcoming. Included in those ordinance revisions are plans to tighten restrictions regarding vicious dogs, includingpit bulls. Restrictions wouldn't ban a particular breed, just specify standards for dogs deemed vicious.MISSOURIHB1825 - AN ACT To amend chapter 262, RSMo, by adding thereto one new section relating to the right to raise animals.HB1921 - “<strong>The</strong> Puppy Mill Cruelty Prevention Act" - AN ACT to prohibit large-scale commercial breeding <strong>of</strong> dogs that is harmful and unhealthyHJR86- Proposes a constitutional amendment affirming the right to raise animals in a humane manner in order to protect Missouri's agricultural economy. Submitting to thequalified voters <strong>of</strong> Missouri, an amendment to article I <strong>of</strong> the Constitution <strong>of</strong> Missouri, and adopting one new section relating to the right to raise animals.SB832 - Creates the Large Carnivore Act which regulates the possession and care <strong>of</strong> certain non-native big cats and bearsNEBRASKALB858 - An Act to change provisions relating to service animals and mobility-impaired or otherwise disabled persons
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