SB 382 - This act modifies provisions relating to the regulation of animals. BREED SPECIFIC ORDINANCES (SECTION 67.142) Under this act, a village, town, city, or county may prohibit dogs from running at large or further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific. Additionally, this act requires political subdivisions to bring any ordinance into compliance with this act by February 28, 2025. This provision is substantially similar to HB 1588 (2022) and HCS/HB 1657 (2022), and is similar HCS/HB 296 (2023), to a provision in SCS/SB 697 (2022), SB 107 (2021), and HCS/HBs 2241 & 2244 (2020). VICTIMS OF DOMESTIC VIOLENCE SHELTER TAX CREDIT (SECTION 135.550) In the provision regarding tax credits for contributions to domestic violence shelters, this act modifies the definition of "shelter for victims of domestic violence" to include those nonprofit organizations established and operating exclusively for the purpose of supporting a shelter for victims of domestic violence operated by the state or political subdivision and which admits victims of domestic violence along with his or her companion animal. Beginning on January 1, 2023, this act provides that a taxpayer shall be allowed to claim a tax credit against their state tax liability in an amount equal to $1,000 if the taxpayer has converted abandoned property into an operational shelter for victims of domestic violence in the tax year in which the credit is sought. Additionally, this act provides that a taxpayer is allowed to claim a tax credit against their state tax liability in an amount equal to $500 if the taxpayer has rented residential real estate to a victim of domestic violence. This provision is similar to HB 2182 (2022), HB 425 (2021), and HB 2523 (2020). ANIMAL ADOPTION TAX CREDIT (SECTION 135.790) Beginning January 1, 2024, a taxpayer may claim a tax credit against their state tax liability for any adoption of an animal from an animal shelter in an amount equal to the total amount of moneys paid to the animal shelter, up to $125. The cumulative amount of the tax credits allowed under this act shall not exceed $500,000, and the credits shall not be assigned, transferred, sold, conveyed, nor carried forward to any subsequent tax year. These provisions will automatically sunset on December 31, 2029, unless reauthorized by an act of the General Assembly. This provision is substantially similar to HB 488 (2023), and similar to HB 2237 (2022), HB 434 (2021), and HB 2401 (2020). DEER FEEDING (SECTION 252.035) This act creates Max's Law which states that a person commits the offense of unlawful feeding of a deer if he or she purposely engages in the supplemental feeding of deer or hangs, mounts, displays, or maintains any deer feeder in a county with a charter form of government. The first offense of unlawful feeding of a deer results in a written warning. Any subsequent offenses result in a written notice and shall be punishable as an infraction. After receiving a warning or notice, a person shall remove any deer feed or device for feeding existing on such person's property. Failure to remove such deer feed or device within 24 hours shall constitute a separate violation. Any homeowners association, community improvement district, or neighborhood association that fails to report a violation shall be subject to the same penalties as the person committing the offense. This section does not apply to feed that is screened or otherwise protected from deer or to common agricultural or horticultural practices, but does apply to the use and storage of birdseed in a manner that is accessible to deer. This provision is similar to HB 2898 (2022). ANIMAL RESEARCH FACILITY ADOPTIONS (SECTION 273.407) This act provides that all qualified animal research facilities, as that term is defined in the act, shall establish an adoption program for dogs or cats that were previously used for scientific purposes, but are no longer confined for such purposes. The dogs or cats eligible for adoption shall have no substantial medical conditions and pose no safety risk to the public that would prevent the animal's successful integration into a permanent adoptive home. Once a dog or cat is eligible for adoption, the research facility shall offer to transfer ownership and custody to an animal shelter or animal rescue organization to facilitate the permanent placement of the animal, or offer to transfer ownership and custody of the retired animal to an individual for private placement. WITNESS TESTIMONY WITH THERAPEUTIC DOGS (SECTION 491.725) Currently, a child testifying in certain judicial proceedings may be allowed a support person to be present in the courtroom in view of the child witness if the child cannot reliably testify without the support person in close proximity and if allowing such support person is not likely to prejudice the trier of fact. This act modifies this provision by providing that a child or vulnerable person, as that term is defined in the act, testifying in any judicial proceeding shall be entitled to have in close proximity a certified therapeutic dog accompanied by the dog's handler in lieu of a support person. OFFENSES AGAINST LAW ENFORCEMENT ANIMALS (SECTIONS 575.010, 575.352, 575.353, AND 575.354) Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor, unless the assault results in the death of such animal or disables such animal to the extent that it is unable to be utilized in which case it is a Class E felony. This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor and if death or disability results then the offense is a Class B felony. A person convicted of the offense of assault on a law enforcement animal shall make restitution for injuries caused to the law enforcement animal and shall pay the replacement costs if the animal can no longer perform its duties. Additionally, this act establishes the offense of killing a law enforcement animal when a person intentionally targets and kills a law enforcement animal while the animal is in the performance of its duties. The offense of killing a law enforcement animal is a Class A felony. Finally, this act provides that a person commits the offense of harassment of a law enforcement animal if a person intentionally, knowingly, or maliciously harasses, teases, or interferes with or attempts to interfere with a law enforcement animal while the law enforcement animal is in the performance of its duties. These provisions are similar to provisions in SB 189 (2023), SB 765 (2022), SS/SCS/SB 850 (2022), HB 1618 (2022), HB 2504 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and HB 1007 (2021). OFFENSE OF ANIMAL ABUSE (SECTION 578.012) This act modifies the offense of animal abuse to provide that such offense is punishable as a Class E felony, instead of a Class A misdemeanor, and if the defendant was previously guilty of animal abuse or the suffering of an animal is the result of torture or mutilation consciously inflicted while the animal was alive then it is a Class D felony, instead of a Class E felony. This provision is identical to HB 39 (2023), a provision in HB 40 (2023), a provision in HB 2459 (2022), HB 2460 (2022), HB 221 (2021), in HB 222 (2021), HB 1424 (2020), in HB 1425 (2020), in HB 1689 (2020), HB 43 (2019), in HB 44 (2019), and HB 1418 (2018). JULIA SHEVELEVA