SB 1376 Modifies provisions prohibiting certain activities at animal facilities
Sponsor:Gibbons
LR Number:4675S.03I Fiscal Note:4675-03
Committee:Agriculture, Conservation, Parks & Natural Resources
Last Action:03/04/04 - Second Read and Referred S Agriculture, Conservation, Journal page:S546
Parks & Natural Resources Committee
Title:
Effective Date:August 28, 2004
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Current Bill Summary

SB 1376 - This act prohibits individuals from committing certain acts as they relate to animal facilities. These acts include:

(1) Release or steal an animal from an animal facility, or otherwise intentionally cause the death, injury, or loss of any animal at or from an animal facility which is not authorized by that facility;

(2) Damage, vandalize, or steal any property in or on an animal facility;

(3) Obtain access or employment to an animal facility by false pretenses for the purpose of performing acts not authorized by the facility;

(4) By unauthorized means, knowingly enter or otherwise interfere with the operation of an animal facility to destroy, damage, or obtain unauthorized possession of equipment, animals, records, documents, previously recorded images, or existing material for the purpose of damaging the enterprise conducted at the animal facility;

(5) By unauthorized means, knowingly enter or otherwise interfere with the operation of an animal facility to duplicate or alter, records, documents, previously recorded images, or existing material for the purpose of damaging the enterprise conducted at the animal facility;

(6) Knowingly obtain unauthorized possession of records, data, previously produced images of the facility, material, equipment, or animals, by theft, trespass, or false pretenses for the purpose of damaging the enterprise conducted at an animal facility;

(7) By unauthorized means, knowingly duplicate or alter, records, existing material, or documents for the purpose of damaging the enterprise conducted at an animal facility;

(8) By unauthorized means, knowingly conceal, abandon, damage, or destroy, equipment, animals, records, existing material, documents or the structures housing the animal facility for the purpose of damaging the enterprise conducted at an animal facility;

(9) Enter or remain on an animal facility with the intent to commit an act prohibited by this section; or

(10) Intentionally or knowingly release or introduce any pathogen or disease in or near an animal facility that has the potential to cause disease in any animal at the animal facility or that otherwise threatens human health or biosecurity at the animal facility.

Under this act, an individual is guilty of a misdemeanor for each violation unless the loss, theft, or damage to the animal facility exceeds $300 dollars. An individual who violates (1)-(9) shall be guilty of a class D felony unless the loss, theft, or damage to the animal facility is more than $300 but does not exceed $10,000. A person is guilty of a class C felony if the damage is between $10,000 and $100,000 and guilty of a class B felony if the damage is more than $100,000.

An individual who violates (10) is guilty of a class C felony unless the loss or damage is equal to or less than $100,000 or a class B felony if the loss or damage exceeds $100,000.

The Director of the Department of Agriculture is given authority to initiate a civil action in the circuit court of the county in which the violation occurred.

This act shall not prohibit any law enforcement or other government agents from performing their duties.
SUSAN HENDERSON