[ SHOWGSD-L ] ANIMAL RIGHTS INITIATIVE IN ARIZONA
- From: RihadinK9@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Sun, 29 Jan 2006 10:07:06 EST
OFFICIAL TITLE
AN INITIATIVE MEASURE PROPOSING AMENDMENT TO TITLE 13, CHAPTER 29, ARIZONA
REVISED STATUTES BY ADDING SECTION 13-2910.07; RELATING TO CRUEL AND INHUMANE
CONFINEMENT OF ANIMALS.
TEXT OF PROPOSED MEASURE
Be it enacted by the People of the State of Arizona:
Sec. 1. Title
This measure shall be known as the Humane Treatment of Farm Animals Act.
Sec. 2. Title 13, Chapter 29 is amended by adding a new section 13-2910.07
as follows: 13-2910.07. CRUEL AND INHUMANE CONFINEMENT OF A PIG DURING
PREGNANCY OR OF A CALF RAISED FOR VEAL
A. NOTWITHSTANDING ANY OTHER PROVISION OF TITLE 3 OR TITLE 13, A PERSON
SHALL NOT TETHER OR CONFINE ANY PIG DURING PREGNANCY OR ANY CALF RAISED FOR
VEAL,
ON A FARM, FOR ALL OR THE MAJORITY OF ANY DAY, IN A MANNER THAT PREVENTS
SUCH ANIMAL FROM:
1. LYING DOWN AND FULLY EXTENDING HIS OR HER LIMBS; OR
2. TURNING AROUND FREELY.
B. THIS SECTION SHALL NOT APPLY TO:
1. PIGS OR CALVES DURING TRANSPORTATION.
2. PIGS OR CALVES IN RODEO EXHIBITIONS, STATE OR COUNTY FAIR EXHIBITIONS, OR
OTHER SIMILAR EXHIBITIONS.
3. THE KILLING OF PIGS OR CALVES ACCORDING TO THE PROVISIONS OF CHAPTER 13,
TITLE 3 AND OTHER APPLICABLE LAW AND REGULATIONS.
4. PIGS OR CALVES INVOLVED IN LAWFUL SCIENTIFIC OR AGRICULTURAL RESEARCH.
5. PIGS OR CALVES WHILE UNDERGOING AN EXAMINATION, TEST, TREATMENT OR
OPERATION FOR VETERINARY PURPOSES.
6. A PIG DURING THE SEVEN DAY PERIOD PRIOR TO THE PIG'S EXPECTED DATE OF
GIVING BIRTH.
C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.
D. THE FOLLOWING DEFINITIONS SHALL GOVERN THIS SECTION:
1. "CALF" MEANS A CALF OF THE BOVINE SPECIES.
2. "CALF RAISED FOR VEAL" MEANS A CALF RAISED WITH THE INTENT OF SELLING,
MARKETING OR DISTRIBUTING THE MEAT, ORGANS OR ANY PART OF SUCH CALF AS A FOOD
PRODUCT DESCRIBED AS "VEAL."
3. "FARM" MEANS THE LAND, BUILDINGS, SUPPORT FACILITIES, AND OTHER EQUIPMENT
THAT IS WHOLLY OR PARTIALLY USED FOR THE PRODUCTION OF ANIMALS FOR FOOD OR
FIBER.
4. "PIG" MEANS ANY ANIMAL OF THE PORCINE SPECIES.
5. "TURNING AROUND FREELY" MEANS HAVING THE ABILITY TO TURN AROUND IN A
COMPLETE CIRCLE WITHOUT ANY IMPEDIMENT, INCLUDING A TETHER, OR, IN THE CASE OF
AN
ENCLOSURE (INCLUDING WHAT IS COMMONLY DESCRIBED AS A "GESTATION CRATE" FOR
PIGS AND A "VEAL CRATE" FOR CALVES) WITHOUT TOUCHING ANY SIDE OF THE
ENCLOSURE.
Sec. 3. Effective Date
This initiative measure shall take effect December 31, 2012.
Sec. 4. Severability
Each section, subsection, sentence, clause, phrase or other portion of this
initiative measure as adopted shall be deemed to be a separate, distinct and
independent provision. If any portion thereof is held invalid or
unconstitutional for any reason by any court of competent jurisdiction, the
holding shall
not affect the validity or constitutionality of any other portion of this
initiative measure, which can be given effect without the invalid provision.
To
this end, the provisions of this initiative measure are declared to be
severable.
Sec. 5. No Mandatory Expenditures
Nothing in this initiative measure proposes a mandatory expenditure of state
revenues for any purpose, establishes a fund for any specific purpose, or
allocates funding for any specific purpose.
Sec. 6. Conditional Funding Source
Subject to Section 7 of this initiative measure, Title 13, Chapter 29 is
amended by adding a new section 13-2910.08 as follows:
13-2910.08. THE HUMANE TREATMENT OF FARM ANIMALS FUND
THE "HUMANE TREATMENT OF FARM ANIMALS FUND" IS HEREBY ESTABLISHED TO BE
ADMINISTERED BY THE ATTORNEY GENERAL UNDER THE CONDITIONS AND FOR THE PURPOSES
PROVIDED BY THIS SECTION. UPON RECEIPT, THE ATTORNEY GENERAL SHALL DEPOSIT IN
THE FUND ANY MONIES RECEIVED FOR THE STATE AS A RESULT OF ENFORCEMENT OF THE
HUMANE TREATMENT OF FARM ANIMALS ACT AND ANY MONIES RECEIVED BY THE ATTORNEY
GENERAL AS A MONEY DONATION TO THE FUND FROM ANY PUBLIC OR PRIVATE GROUP,
SOCIETY, ASSOCIATION OR INDIVIDUAL. THE MONIES IN THE FUND SHALL BE USED ONLY
FOR
MANDATORY EXPENDITURES, IF ANY, REQUIRED BY THE HUMANE TREATMENT OF FARM
ANIMALS ACT AND ADMINISTRATION OF THE FUND. MONIES IN THE FUND ARE NOT SUBJECT
TO LEGISLATIVE APPROPRIATION. THE FUND IS EXEMPT FROM STATUTORY PROVISIONS
RELATING TO LAPSING OF APPROPRIATIONS AND SHALL NOT REVERT TO THE GENERAL
FUND.
Sec. 7. Conditional Enactment
Section 13-2910.08 does not become effective unless a court of competent
jurisdiction holds that section 13-2910.07 proposes a mandatory expenditure of
state revenues for any purpose, establishes a fund for any specific purpose, or
allocates funding for any specific purpose.
Paid for by Arizonans for Humane Farms
Ginger Cleary, Rome, GA
"One of the greatest delusions of the world is the HOPE that the EVILS of
this world are to be CURED BY LEGISLATION." Thomas B. Reed 1886
_http://www.rihadin.com_ (http://www.rihadin.com/)
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