[ SHOWGSD-L ] FWD: HSUS at work in KY,HSUS backed Breeder Bill

  • From: Stormy435@xxxxxxx
  • To: showgsd-l@xxxxxxxxxxxxx
  • Date: Thu, 21 Feb 2008 11:44:01 EST

From another list...Cross Post. Please
SH
 
Re: [KY-PET-LAW] HSUS at work in KY
    Date: Wed Feb 20, 2008 7:49 pm ((PST))
Here is HB 518 in its entirety.  Was introduced on
Feb.13  We need to fight this bill.  Write to your
senators and representatives to ask them to stop this
bill, it will end breeding of all animals here in KY
if it goes through.

AN ACT relating to animals.
Be it enacted by the General Assembly of the
Commonwealth of Kentucky:

â??µSECTION 1.   A NEW SECTION OF KRS CHAPTER 367 IS
CREATED TO READ AS FOLLOWS:
(1)    As used in this section:
(a)    "Breeding kennel" means an establishment that, in
any given year, keeps, houses, and maintains adult
dogs for the purpose of breeding the dogs in return
for a fee or other consideration received through a
sale, transfer, exchange, barter, or auction;
(b)    "Commercial breeder" means a person engaged in the
business of breeding animals for sale or exchange in
return for compensation or profit;
(c)    "Commissioner" means the Commissioner of the
Department of Agriculture;
(d)    "Dealer" means any person who in the regular
course of business for compensation or profit buys,
sells, transfers, exchanges, barters, or auctions
dogs;
(e)    "Department" means the Department of Agriculture;
and
(f)    "Pet store" means a retail store that sells dogs
to the public.
(2)    At the same time of the sale of a dog, a pet store
shall provide the buyer of the dog with either of the
following:
(a)    A certificate of medical health that has been
completed and attested to by a veterinarian and that
states that the veterinarian has examined the dog and
has not found evidence of disease, illness, or injury
at the time of the examination; or
(b)    A money-back guarantee that is valid for not less
than twenty-one (21) days after the date of purchase
of the dog. The guarantee shall authorize the
purchaser of the dog to receive the purchase price of
the dog from the pet store within that twenty-one (21)
day period if the purchaser presents a statement to
the pet store from a veterinarian, who has examined
the dog within fourteen (14) days of the purchase of
the dog, indicating that the dog has a significant
disease, illness, or injury that was in existence at
the time of the purchase of the dog. In addition, the
buyer may keep the dog.
(3)    A pet store shall post written notice of the pet
store's responsibility under this section in a
conspicuous location near the pet store's cash
register. The written notice shall be posted in
accordance with administrative regulations promulgated
by the Commissioner. Wording in the notice shall be
prominent and written in easily read lettering that is
not less than eighteen (18) point type.
(4)    At a time prior to the sale of a dog to a buyer, a
pet store shall:
(a)    Provide the name, complete address, and telephone
number of the breeder that bred the dog, the breeding
kennel where the dog was kept, housed, and maintained,
and the dealer from whom the pet store acquired the
dog, as applicable; or
(b)    Provide proof that the dog was acquired from a
private owner, an animal shelter, or other source. The
pet store shall also provide the telephone number and
the address of the department.
(5)    No pet store shall fail to comply with this
section.
(6)    A pet store that fails to comply with subsection
(2), paragraph (a) of this section with respect to the
sale of a dog, or a pet store that fails to refund the
purchase price of a dog in accordance with subsection
(2), paragraph (b) of this section is liable to the
purchaser of the dog for an amount that is equal to
three (3) times the purchase price of the dog plus any
veterinary expenses of not more than five hundred
dollars ($500) that are incurred by the purchaser for
one (1) year after the date of the purchase of the
dog. The pet store is liable for any attorney fees and
costs incurred by the purchaser relating to the sale.
In addition, the buyer of the dog may keep the dog.
(7)    The Commissioner or the Commissioner's authorized
representative shall enforce this section.
â??µSection 2.   KRS 525.135 is amended to read as
follows:
(1)    As used in this section, unless the context
otherwise requires, "torture" means the intentional
infliction of or subjection to extreme physical pain
or injury, motivated by an intent to increase or
prolong the pain of the animal.
(2)    A person is guilty of torture of a dog or cat when
he or she without legal justification intentionally
tortures a domestic dog or cat.
(3)    Torture of a dog or cat is a[ Class A misdemeanor
for the first offense, and a] Class D felony[ for the
second and subsequent offenses].
(4)    Nothing in this section shall apply to the killing
or injuring of a dog or cat:
(a)    In accordance with a license to hunt, fish, or
trap;
(b)    For humane purposes;
(c)    For veterinary, agricultural, spaying or
neutering, or cosmetic purposes;
(d)    For purposes relating to sporting activities
including but not limited to training for organized
dog or cat shows, or other animal shows in which a dog
or a cat, or both, participate;
(e)    For bona fide animal research activities, using
dogs or cats, of institutions of higher education; or
a business entity registered with the United States
Department of Agriculture under the Animal Welfare Act
or subject to other federal laws governing animal
research;
(f)    In defense of self or another person against an
aggressive or diseased dog or cat;
(g)    In defense of a domestic animal against an
aggressive or diseased dog or cat;
(h)    For animal or pest control; or
(i)    For any other purpose authorized by law.
(5)    Activities of animals engaged in hunting, field
trials, dog training other than training a dog to
fight for pleasure or profit, and other activities
authorized either by a hunting license or by the
Department of Fish and Wildlife Resources shall not
constitute a violation of this section.
(6)    The acts specified in this section shall not
constitute cruelty to animals under KRS 525.125 or
525.130.





"You may never know what results come from your action.
But if you do nothing, there will be no result."
                                          
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Stormy Hope
*~~*~~*~~*~~*~~*~~*~~*~~*~~*~~*
Dog's love is different, it requires no return
www.FairhopeGSD.com




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