Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 85 of 3307/5/2010protocols; law enforcement procedures; requirements to determine if a reptile is regulated under this chapter and for making final dispositions of these reptiles; activities not subject toregulation under this chapter; criminal penalties for violations; and to provide that certain conduct constitutes reckless disregard for the safety of others and subjects violators to punitivedamages in civil actions.S958 - TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY OR INTENTIONALLYCONFINE OR RESTRAIN AN ANIMAL IN A CRUEL MANNER OR KNOWINGLY OR INTENTIONALLY CAUSE SUCH CRUEL CONFINEMENT OR RESTRAINING OF AN ANIMAL, TODEFINE CERTAIN TERMS IN REGARD TO THE ABOVE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO PROVIDE THAT LOCAL GOVERNMENTS MAY ADOPT MORESTRINGENT LOCAL ORDINANCES GOVERNING THE CONFINEMENT OR RESTRAINING OF AN ANIMAL WITH CIVIL PENALTIES FOR VIOLATIONS.S975 - A BILL TO AMEND SECTION 50-11-65 OF THE 1976 CODE, RELATING TO THE TRAINING OF BIRD DOGS, TO DEFINE "TRAINING BIRDS", TO PROVIDE FOR THE USE OFTRAINING BIRDS DURING THE CLOSED SEASON, AND TO PROVIDE THAT TRAINING MUST HAVE MINIMAL DISTURBANCE ON WILD BIRDS.S1076 – introduced 1/21/10- TO AMEND SECTION 16-11-640 OF THE 1976 CODE, RELATING TO UNLAWFUL ENTRY, TO PROHIBIT ENTERING A DWELLING WITHOUT CONSENT. It shall be unlawful for anyperson not an occupant, owner, or invitee to enter: (1) a dwelling; or (2) any private property enclosed by walls or fences with closed gates between the hours of six P.M. and six A.M. The provisions ofthis section shall not apply to any justifiable emergency entry or to premises which are not posted with clearly visible signs prohibiting trespass upon the enclosed premises. The provisions of this section aresupplemental to existing law relating to trespass and punishment therefor. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be finednot less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days."Blackville – (2/4/10) – Council meeting focuses on problems with strays. How to deal with stray animals dominated the January meeting of Blackville Town Council.Horry County – (1/24/10) - An ordinance that aims at protecting animals will be up for public review Monday during a Horry County Public Safety Committee meeting. The ordinance, underits last review, would give Horry County the authority to remove pets from someone's home if there are a large number of animals that are not properly cared for. A copy of the ordinancestates hoarders often fail to provide basic care for animals, resulting in "malnourishment, injuries, disease and often death." the ordinance is not targeting licensed breeders or anyone whohas multiple animals that are well cared for or well fed. The public review will take place during on Monday at 9:30 a.m. at the Horry County Government and Justice Center in Conway. Theordinance is expected to Horry County Council for another public review and its final reading.SOUTH DAKOTAHB1146 - An Act to provide for the regulation of certain commercial dog breeding operations.(1/31/10) – Animal Treatment Laws Due for Update. The laws that govern how livestock and work animals are treated in South Dakota will come under review this year. State VeterinarianDustin Oedekoven says their some of the oldest on the books. Bryan Nagel with the South Dakota Cattlemen's Association says most livestock organizations have developed standards ofcare since the state laws were last reviewed in 1991. He says it's time to make sure the statutes are consistent with those standards. An ad hoc group will review laws over the next year andpossibly recommend changes to the 2011 Legislature.(1/2/10) - South Dakota has some of the weakest animal cruelty laws in the country, according to a recent study from the Animal Legal Defense Fund. The ALDF, a California-basedadvocacy group, compiles and compares animal cruelty laws each year and ranks stat The ALDF, a California-based advocacy group, compiles and compares animal cruelty laws each yearand ranks states. South Dakota's laws were ranked 45th among the 50 states and the District of Columbia. State Rep. Joni Cutler, R-Sioux Falls, attended some of the SDCCA'sinformational meetings this fall and plans to sponsor a bill similar to HB 1146, which she brought before the house last year. The bill would make malicious, intentional animal torture a Class6 felony, punishable by up to two years in prison. That concerns farm groups such as the South Dakota Farm Bureau. The group's two Pierre lobbyists worked to defeat the bill last year andplan to do the same in 2010, bureau President Scott Vander-Wal said. While there are exemptions to state animal cruelty laws for agriculture, the legislation is still a concern, he said. Theproposed South Dakota law would classify horses as companion animals, for example, and could put farmers who use them for agricultural purposes in the line of fire, VanderWal said. "Theconcern we have is this: How do you make sure normal ag practices will be exempted? What may be a normal thing to one person may seem cruel to another person - especially a personwho doesn't understand agriculture," he said. "There are groups out there that would like to stop rodeos, too." The current laws are strong enough, he said.TENNESSEEHB2497 - Animals and Animal Cruelty - As introduced, requires owners of dangerous, vicious, and wild animals to secure minimal liability insurance. - Amends TCA Title 44, Chapter 8.Chattanooga – (1/26/10) - New Ordinance Curbs 24-Hour Dog Chaining; Allows Ticketing Of Barking Dog Owners. The City Council on Tuesday night approved a new ordinance thatwill forbid dog owners in Chattanooga from keeping their dogs chained more than 12 hours a day. The ordinance also allows ticketing for owners who allow their dogs to continually bark.There will first be a warning, then a $20 ticket. The third step would be citing the owner to City Court, where the owner could be fined $50. Also, those who find stray dogs would no longerbe able to keep them for 10 days and claim them for their own. Those who find dogs would be required to turn them in to the McKamey Center, where they would be spayed and neutered ifnecessary, then put out for adoption. Another section would bring penalties for those who use dogs as vicious guards, such as drug dealers. An old section of the ordinance calls for a $100fee for those who plan to use dogs in shows.Memphis - City Council members are considering passing a law that would require all pit bulls be spayed or neutered. Exemptions would be made for breeders. Pit bull owners would have toget a special license to be in compliance with the law. UPDATE: BSL meeting *POSTPONED* - (Moved to 2/9/10)Nashville – (1/1/10) - Bill Strengthens Animal Cruelty Laws. Lawmakers Want Bill To Include Livestock. When lawmakers return in a few weeks, they'll take a look at a bill thatstrengthens animal cruelty laws for all animals. State lawmakers want to make it a felony to withhold food or water from an animal to the point of death or near-death. The measure is inresponse to the dozens of Cannon County horses who were found in terrible conditions in November. The father and son responsible could only be charged with misdemeanors becausehorses, as livestock, aren't protected under felony animal cruelty laws. "What I'm saying is cruelty is cruelty. regardless of whether you're three pounds or 16 hands high. The act is thesame," said Rep. Janis Sontany. The Farm Bureau has been opposed to any changes in the animal cruelty laws because horses as livestock are a business expense and there are huge taxbreaks, which farmers don't want to lose.TEXASArlington – (2/1/10)- Judge: Exotic pet wholesaler loses custody of 27,000 animals seized in raid. U.S. Global Exotics will not regain custody of the more than 27,000 animals seized from it by the city ofArlington, a county civil court judge decided Saturday. Judge Jennifer Rymell of Tarrant County Court at Law No. 2 affirmed Arlington Municipal Judge Michael Smith’s decision that the international petwholesaler had cruelly treated the animals, which were removed from U.S. Global Exotics on Dec. 15 in the largest animal cruelty seizure in U.S. history. The animals, mostly reptiles and amphibians, wereinhumanely confined in cramped and dirty cages and denied necessary food, water and veterinary care, Smith wrote in his order. U.S. Global Exotics appealed the municipal court decision, arguing that the cityviolated the Constitution in seizing the company’s entire animal inventory without providing enough evidence that all were cruelly treated. The company has been closed since the raid, and the owners, Jasen andVanessa Shaw, have not decided whether they will reopen, said Lance Evans, an attorney for the Shaws. Rymell’s decision cannot be appealed. The city will turn over ownership of the animals to the SPCA ofTexas, which has cared for them since the raid. The nonprofit agency, which has spent about $10,000 a day on the animals’ care,has already made arrangements with zoos, sanctuaries and rescue groupsto give the animals permanent homes.Killeen – (1/29/10) – Barbs fly at Humane Society meeting. A scheduled Centex Humane Society meeting to nominate new officers erupted in anger Thursday night when membersaccused the current president of mishandling donations and violating state animal cruelty laws. More than 50 members, employees and volunteers packed a small room at the KilleenCommunity Center to confront George Grammas, the society's president and treasurer, about why he allegedly refused to show financial records for more than $100,000 donated after theNov. 1 fire that killed 99 cats and 12 dogs. Members voted not to nominate Grammas for a sixth term after the allegations were made. Elections will take place at next month's meeting.Grammas vehemently denied the allegations.Laredo – (1/19/10) - The Laredo Health Department is asking City Council to approve stricter ordinances for pet owners. The new list of laws, however, has many local veterinarians