SB196 By Senators Williams, Sessions, Whatley, Chesteen, Price and Scofield RFD Agriculture, Conservation and Forestry Rd 1 18-FEB-20

SYNOPSIS: This bill would provide the Commissioner and the Department of Agriculture and Industries with exclusive jurisdiction over the regulation of working animals and animal enterprises, would provide a reporting and investigation process for alleged violations of animal cruelty by an animal enterprise, and would provide impoundment procedures for animals found to be in danger of permanent physical injury or imminent death.

This bill would provide criminal penalties for submitting a frivolous complaint alleging an animal enterprise has engaged in animal cruelty.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to animal enterprises and working animals; to establish the Working Animal Protection and Animal Enterprise Freedom Act; to guarantee certain rights to animal enterprises; to provide for the regulation of working animals and animal enterprises by the Commissioner and the Department of Agriculture and Industries; to provide a reporting and investigation process for alleged violations of animal cruelty by an animal enterprise; to provide impoundment procedures for animals found to be in danger; to provide criminal penalties for submitting a frivolous complaint against an animal enterprise; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Working Animal Protection and Animal Enterprise Freedom Act.

Section 2. Legislative Findings.

The Legislature finds and declares the following:

(1) Farms, ranches, and other animal related enterprises exist to provide food, companionship, and services to the residents of the state.

(2) Animals, like productive people, want to work. It is the purpose of this act to allow animals to participate in work that benefits both the animals, their handlers, and the people around them.

(3) The right to engage in business as an animal enterprise or utilize working animals for the mutual benefit and welfare of the animals and those they serve should be guaranteed.

(4) It is the intent of the Legislature to ensure that the residents of the state are afforded the choice to avail themselves of animals from the animal enterprise of their choice or the services provided by working animals.

Section 3. As used in this act, the following terms shall have the following meanings:

(1) ANIMAL. Any warm blooded mammal, excluding human beings.

(2) ANIMAL CONTROL OFFICER. Any person employed by a county or municipality who performs animal control functions.

(3) ANIMAL ENTERPRISE. Any person regularly deriving any revenue from any animal related business, charity, or organization, including, but not limited to, the production, storage, transportation, or retail or wholesale sales of animals, including any enterprise utilizing a working animal as defined by this act.

(4) COMMISSIONER. The Commissioner of Agriculture and Industries or his or her designated representatives who shall be employees of the state.

(5) DEPARTMENT. The Department of Agriculture and Industries.

(6) HEALTH. The overall condition of an animal that is free from debilitating disease or abnormality directly caused by abuse from an animal enterprise.

(7) IMPOUNDED. Taken into custody of law enforcement, the county pound, or an animal control authority or designated provider of animal control services to the county or municipality.

(8) PERSON. Any individual, partnership, corporation, charity, association, and all other groups or combinations.

(9) SALE, SELL, RETAIL SALE, WHOLESALE SALE, or RESALE. The sale or transfer of ownership of an animal for a fee, compensation, donation, or other consideration and specifically including barter or exchange. The term adopt shall have the same meaning as sale, sell, and resale when ownership of an animal is transferred for a fee, compensation, donation, other consideration, barter, or exchange.

(10) VETERINARIAN. A veterinarian licensed to practice in the state.

(11) WORKING ANIMAL. Any animal used for the purpose of performing a specific duty or function in commerce, service, therapy, farming, law enforcement, search and rescue, agility, competitive sport, conformation, or ranching, including, but not limited to, entertainment, transportation, service, education, or exhibition.

Section 4. (a) This act and the requirements of the act are of statewide concern and occupy the whole field of regulation regarding working animals and animal enterprises, including the production, processing, registration, marketing, sale, storage, transportation, distribution, possession, work, or other use of animals as described by this act.

(b) The entire subject matter of this act shall be subject to the exclusive jurisdiction of the commissioner and the department.

(c) Except as otherwise specifically provided in this act, no law, ordinance, rule, regulation, or resolution of any county, municipality, or other political subdivision of the state that terminates, bans, effectively bans by creating undue financial hardship, prohibits, or in any way attempts to regulate any matter relating to working animals, an animal enterprise, or the production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, possession, or notification of animal sales or production and any law, ordinance, rule, regulation, or resolution in conflict with, in addition to, or supplemental to this act, is declared to be invalid and of no effect.

(d) This act shall not affect, supersede, or override any zoning ordinance or business license enacted by a county or municipal government, except to the extent the zoning ordinance or business license purports to regulate animals as prohibited by this act, the provisions of which shall be void.

(e) Nothing in this act shall be construed to preempt or limit remedies available under common law or statute.

(f)(1) This act is in addition to, and not in lieu of, federal laws and regulations pertaining to the sale, care, keeping, transfer, and transport of animals.

(2) The commissioner may report to the appropriate authority any person alleged to have violated a state or federal law or regulation pertaining to the sale, care, keeping, transfer, and transport of animals.

Section 5. (a)(1) It shall be unlawful to submit a frivolous complaint alleging an animal enterprise has engaged in animal cruelty.

(2) For the purposes of this section, frivolous means a complaint clearly lacking any basis in fact or law.

(b) A person who submits a frivolous complaint shall be guilty of a Class C misdemeanor and shall be liable for and shall be ordered to pay to the commissioner or the county or municipality employing an animal control officer, upon demand, an amount equal to the actual costs of the department in investigating the frivolous complaint and any fees for boarding the animal or animals resulting from a frivolous complaint.

Section 6. (a)(1) When a person claims that an animal enterprise is in violation of Section 3-1-29, 13A-6-221, 13A-11-14, 13A-11-14.1, or 13A-11-241, Code of Alabama 1975, the person shall make a sworn statement before a municipal judge or sheriff setting forth the name of the animal enterprise, or the owner, if known, the location where the animal is being kept in the county or municipality, and the reason the person believes the animal has been subjected to animal cruelty.

(2) The sworn statement shall be delivered to an animal control officer or investigator with the department who shall complete an investigation.

(3) When the sworn statement claims that an animal has suffered serious physical injury or death, the duties of the animal control officer, including, but not limited to, the animal cruelty investigation, shall be carried out with a law enforcement officer having experience in animal husbandry.

(b) Aesthetics of the animal or animals in otherwise good health or under the care of a veterinarian shall not be probable cause for animal cruelty.

(c) An investigating agency that finds alleged animal abuse may give the animal enterprise 10 business days to correct the alleged abuse.

(d) Only the individual animals demonstrated to the court as being in danger of imminent death or severe physical injury, which do not have proof of veterinary care for the alleged violation, upon a court order, may be subject to seizure by the appropriate law enforcement agency.

(e) Law enforcement may not disseminate or allow dissemination by any assisting third parties of any alleged crime scene photos, videos, or evidence of the alleged violation to the public until after conviction of the alleged crime. A person in violation of this subsection shall be guilty of a Class B misdemeanor.

Section 7. (a)(1) Should an investigation show that there is probable cause of criminal animal cruelty, and if it is determined the animal will be in danger of permanent physical injury or imminent death, the department, the animal control officer, or the law enforcement officer may petition the court of competent jurisdiction in the county of the alleged offense for a warrant authorizing impoundment of the animals found to be in danger of permanent physical injury or imminent death.

(2) The court shall hold an impoundment hearing with all parties within 10 days.

(3) Each animal having probable cause for impoundment shall be considered for impoundment individually.

(b)(1) Except as provided in subsection (c), the animal or animals so ordered for impoundment by the court shall be impounded at the county pound as described in Section 3-7A-7, Code of Alabama 1975, or the county or municipality may enter into an agreement with an animal shelter or licensed veterinarian to impound the animal or animals.

(2) If the county or municipality, or its designee, impounds the animal, the owner of the animal, upon conviction, shall be liable to the county or municipality or its designee for the reasonable and customary costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the animal or animals.

(c)(1) The owner of the animal shall be provided the opportunity to choose a veterinarian of his or her choice to impound the animal or animals in lieu of the county pound or animal shelter.

(2) If the animal is impounded with a veterinarian chosen by the animal enterprise, the animal enterprise shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the animal.

(d) Costs and direct expenses for the care of the animal or animals shall be itemized, shall be reasonable and customary, and shall not exceed the median costs charged by similar businesses in that county.

(e) Itemized costs for impoundment shall be made available to the court and the animal enterprise.

(f) Overhead or ancillary costs or expenses shall not be considered as costs of impoundment.

(g) Any charitable organization designated by the department, the county, or the municipality to impound the animal or animals that solicits donations for the purpose of the care or any expenses of the impounded animal or animals in its custody shall first deduct those donations from the reasonable and customary impoundment expenses and veterinary care charged to the animal enterprise.

(h) A charitable or other organization designated by the department, the county, or the municipality to impound the animals shall do all of the following:

(1) House the animals within this state and use veterinarians licensed in this state until the final disposition of the animals as ordered by the court.

(2) Assume responsibility for the health and well being of the animal or animals in its care, custody, or control.

(3) Allow inspection of the impounded animals at any time during normal business hours, excluding state and federal holidays, by the department, the county, the municipality, or the animal enterprise's veterinarian. Any deceased animals or allegations of animal abuse shall be managed in accordance with this act.

(4)a. Be liable for the value of the animal and three times the projected revenue over the reasonably expected life for any animal found to be any of the following:

1. Deceased.

2. Sterilized.

3. No longer able to perform its intended purpose as a result of negligent care while in the care, custody, or control of the designee.

b. There shall be a presumption that the designee was negligent in caring for the animal if any of the following occurs:

1. The animal suffers from animal cruelty while in the care, custody, or control of the designee.

2. The animal departs from the care, custody, or control of the designee with a state of malnutrition greater than noted upon intake.

3. The animal departs from the care, custody, or control of the designee with a previously undiagnosed illness which the department determines could reasonably have been caused by improper or insufficient care by the designee.

Section 8. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 9. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Animals

Animal Enterprises

Agriculture and Industries Department

Agriculture

Crimes and Offenses

Animal Control

Law Enforcement

Counties

Municipalities

Veterinarians