SUMMARY OF ANIMAL-RELATED
BILLS THAT KCAP MONITORED DURING THE 2008, REGULAR SESSION OF
THE KENTUCKY GENERAL ASSEMBLY (Prepared by Monique Winther, Vice
President, KCAP)
A) IN SENATE:
SB 15-
SENATORS D. BOSWELL, J. PENDLETON AND E. SCORSONE
This bill would have amended KRS 525.130 (Cruelty to animals in
the second degree) to include all animals in abandonment or neglect
cases. The bill would also have upgraded to Class D felony the
penalty for killing, injuring, or causing suffering to, any animal.
Finally, the bill would have repealed KRS 525.135 (Torture of
dog or cat).
The bill was sent to the Senate's Judiciary Committee on January
8, 2008. It did not proceed any further.
SB 58-
SENATORS T. BUFORD, E. SCORSONE, B. SMITH AND D. THAYER
The originally introduced bill would have amended KRS 525.135
to upgrade the torture of a dog or a cat to a class D felony.
The bill was passed by both chambers with a floor amendment that
modifies the penalty to a Class A misdemeanor for the first offense
and a Class D felony for each subsequent offense if the dog or
cat suffers physical injury as a result of the torture, and a
Class D felony if the dog or cat suffers serious physical injury
or death as a result of the torture. It is our understanding that
the bill will be signed into law by the Governor on April 28,
2008.
SB 206-
SENATOR T. BUFORD
This bill would have amended KRS 258.117 to add two members nominated
by the Humane Society of the United States to the Animal Control
Advisory Board.
The bill was introduced in the Senate on February 29, 2008, and
sent to the Agriculture & Natural Resources Committee on March
4, 2008. It did not proceed any further.
B) IN HOUSE:
HB 39-
REPRESENTATIVES B. MONTELL AND T. RINER
This bill would have created a new section of KRS Chapter 258
to require the spaying or neutering of dogs and cats as a prerequisite
to releasing the animals from a releasing agency, defined as a
public or private pound; an animal shelter; a humane society;
a society for the prevention of cruelty to animals; or a rescue
group. Further, the bill would have declared that no local government
ordinance that relates to mandatory spaying or neutering as a
prerequisite to the adoption of a dog or cat would be superseded
by its provisions.
(Note: The bill appeared similar to HB270 that had been introduced
in the 2007 Session by Rep. Montell and Rep. R. Rand.)
The bill was sent to the House's Agriculture & Natural Resources
Committee on January 8, 2008, and posted in Committee on January
11, 2008. It was reported favorably by the Committee and posted
for passage on March 19, 2008. However, it did not proceed any
further.
HB 42-
REPRESENTATIVES R. CRIMM AND T. RINER
This bill would have amended the cruelty statutes, KRS 525.125
through .135, to require forfeiture of ownership of animals involved
in cruelty and torture cases, following conviction, guilty plea
or Alford plea; to prohibit ownership and possession of animals
of the same species for two years; and to establish penalties
for violations of those provisions. However, the bill would further
have amended KRS 525.130 (Cruelty to animals in the second degree)
to exempt livestock or poultry used in the business of agriculture
from those same provisions.
(Note: The bill appeared similar to HB93 that had been introduced
in the 2007 Session by Rep. Crimm and Rep. M. Henley.)
The bill was sent to the House's Judiciary Committee on January
9, 2008. It did not proceed any further.
HB 77-
REPRESENTATIVES M. HENLEY, J. GREER, J. JENKINS, T. RINER AND
S. WESTROM
This bill would have amended the same three cruelty statutes to
require an offender convicted of a violation of those statutes
to pay reasonable and necessary maintenance expenses for the care
of animals involved in cruelty and torture cases and to forfeit
ownership of the animal(s). The bill would also have amended KRS
436.605 (a statute defining the powers of dog wardens and humane
agents) to require a court, upon petition allowed to be filed
prior to the final disposition of the charges, to conduct a forfeiture
hearing and, except for good cause shown, to order the defendant
to post a security deposit or bond for expenses related to the
animal(s)' care or to forfeit the animal(s).
(Note: The bill appeared similar to HB 74 that had been introduced
in the 2007 Session by Reps. Henley; J. Jenkins and S. Westrom.)
The bill was sent to the House's Judiciary Committee on January
8, 2008. It did not proceed any further.
HB 98-
REPRESENTATIVE M. DENHAM
This bill would have created new sections of KRS Chapter 247,
and would have amended several other statutes, to define "agroterrorism",
"agricultural facility" and "agricultural product"
and to impose penalties for committing agroterrorism.
The bill was passed by the House and received in the Senate where
it was sent to the Agriculture & Natural Resources Committee
on March 14, 2008. It did not proceed any further.
HB 145-
REPRESENTATIVES S. LEE, K. BRATCHER, S. BRINKMAN, T. COUCH, R.
CRIMM, B. DEWEESE, J. FISCHER, B. MONTELL, R. PALUMBO, T. RINER,
A. SIMPSON
This bill, to be cited as "Romeo's law", would have
amended KRS 525.135 to upgrade the penalty for the torture of
a dog or a cat to a Class D felony.
The bill was sent to the House's Judiciary Committee on January
10, 2008. It did not proceed any further.
HB 242-
REPRESENTATIVE J. ARNOLD, JR.
This bill would amend KRS 381.697 to prohibit the burial of animals
in public cemeteries, unless written consent is obtained from
the cemetery owners or board.
The bill was passed by the House and appears to have been passed
by the Senate as well but its final status is unclear.
HB 306-
REPRESENTATIVES T. McKEE, R. ADAMS, J. JENKINS, D. KEENE, F. NESLER,
D. PASLEY, AND T. RINER
This bill would have amended KRS 258.095 [pertaining to animal
control and protection] to amend the definition of "animal
shelter"; it would have deleted language that requires animal
shelters to meet minimum standards by July 13, 2007; and would
have created a new section of KRS Chapter 258 to require animal
shelters to meet minimum standards within one year after the effective
date of theAct, to register with the county judge/executive of
the county in which the shelter is located, and to report the
possession of any stray, unwanted or abandoned animal to the primary
animal shelter in the county.
The bill was sent to the House's Agriculture & Small Business
Committee on January 17, 2008. It was reported favorably and got
a first reading on January 30, 2008, with a floor amendment exempting
livestock from the minimum animal shelter standards. On January
31, 2008, the bill got a second reading and was posted for passage
on February 1, 2008. However, on February 5, 2008, a second amendment
was introduced which amends the definition of livestock to include
all equines. The bill passed on February 11, with the two amendments.
It was received in the Senate on February 12 and sent to the Agriculture
& Natural Resources Committee on February 14. It did not proceed
any further.
HB 375-
REPRESENTATIVES J. JENKINS, S. WESTROM
The bill would have amended KRS 525.130 to define shelter and
shade requirements for dogs and dog houses.
The bill was sent to the House's Judiciary Committee on January
29, 2008. It was posted in Committee on February 14. However,
it did not proceed any further.
HB 518-
REPRESENTATIVE R. WILKEY
This bill would have created a new section of KRS Chapter 367
to establish a number of requirements in the sale of dogs by pet
stores. In addition, the bill would have amended KRS 525.135,
Torture of a Dog or Cat, to elevate the penalty for a first offense
to a Class D felony.
The bill was sent to the Judiciary Committee on February 15. It
did not proceed any further.
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