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UIUC ANSC 250 - Animal Legislation

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ANSC 250 1st Edition Lecture 11 Outline of Last Lecture I. Cruelty, neglect, and abuse II. Animal cruelty casesIII. Why should we care about animal cruelty? IV. Animal abuse and domestic violence V. What’s being done about animal cruelty? Outline of Current Lecture I. Basics of animals under the law II. Federal laws III. State laws IV. Local laws Current LectureI. Basics of Animals Under the Law A. Keep in mind that just because there is a law in place to protect animals does not meanit is properly enforced.B. Under the law, animals are considered property.This protects the animals from thefBut does not provide for compensation above market value. (cruelty or veterinary malpractice; dog/cat = chair; no consideration of emotional bond; "live-stock")C. Were companion animals considered under early animal protection legislation?i. NO; horses and livestock- very valuable (food and work); property statusD. Federal laws are minimal in scope and number. State and local laws are variable and more numerous.E. Animal law is a growing field with new specializations and courses available. (courses and specializations in law schools; Bar Associations- subcommittees; Animal Legal Defense Fund-national organization with law students to enhance animal cruelty laws) These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.F. One of the main concerns regarding animals under federal law involves their property status.(interstate commerce, etc.)II. Federal LawsA. Which law was originally passed to protect pets from theft and preventing the sale of these stolen pets for research?i. Animal Welfare Act (1966) - protect pet owners from thef; prevent sale of pets for research ii. But--> First federal law: 28-Hour Law of 1877 (Food, water, and rest required for livestock being transported across state lines; interstate commerce B. The AWA applies to dogs, cats, primates and certain other mammals. (commercial dog/cat breeding operations; dealers, exhibitors, carriers and research facilities) C. The AWA does not apply to….i. Private pet ownership in homesii. Retail pet stores iii. Shelters and rescuesiv. Non-mammals species (birds, reptiles, amphibians) v. Rats and mice for researchvi. Animals bred and raised for food D. The United States Department of Agriculture (USDA) enforces the AWA. How many inspectors were there to cover over 9,000 licensed facilities? (licensing, inspections, fines) i. < 100 inspectors E. Which federal law defines service animals?i. Americans with Disabilities Act (ADA)- ensures equal opportunity for individuals with disabilities; defines service animalsii. Fair Housing Act- allows these animals in rental housing F. A service animal is….i. A dog trained to perform tasks for an individual with a disabilityii. Other animals, domestic or wild, do not qualifyiii. Dogs not trained to perform tasks, including for emotional support, do not qualifyiv. Service dogs cannot be discriminated against based on breedG. Which federal law was put into place after Hurricane Katrina to protect pets in disaster situations?i. Pets Evacuation & Transportation Standards Act (PETS Act)- requires states to accommodate for pets and service animals in evacuation plans H. The two federal acts that address dog fighting are;i. Animal Fighting Prohibition Enforcement Act of 2007 (upgraded punishments for fighting animals)ii. Animal Fighting Spectator Prohibition Act of 2014 (allows for spectators attending animal fights to be charged; harsher penalties for bringing minors) I. It is illegal to import or export dog or cat fur in the United States as well as transporting it across state lines.J. The Uniform Marital Property Act of 1983 recognizes animals as property which causesthem to be involved in many custody disputes during divorces.III. State LawsA. Which state has the best laws in place for protecting animals?i. Humane Care for Animals Act- Chapter 510 of the Illinois Compiled Statutes; statute 70 and all of its sections B. Who enforces Illinois state laws pertaining to animals? What is their department’s main focus?i. Illinois Department of Agricultural (main focus: food animals- advocate for Illinois' agricultural industry; to benefit consumers; agricultural industry, and natural resources; promote agri-business) C. State laws require licensing and inspection of the following places;i. Pet storesii. Breeding and boarding kennelsiii. Animal sheltersD. The main law regarding private ownership of companion animals in Illinois is the Humanes Care for Animals Act E. Basic Definitions;i. “Animal” means every living creature, domestic or wild, but does not include man.ii. “Owner” means any person whoa) has a right of property in an animal,b) Keeps or harbors an animal,c) Has an animal in his care, ord) Acts as custodian of an animal.F. Owner’s Dutiesi. Each owner shall provide for each of his animals:a) Sufficient quantity of good quality, wholesome food and shelter;b) Adequate shelter and protection from the weatherc) Veterinary care when needed to prevent suffering; andd) Humane care and treatment.A. When tethering an animal…i. Animal cannot have a condition that causes it to suffer from tetheringii. Cannot become entangled with other dogsiii. Tether cannot be more than 1/8 the dog’s body weight or a log/tow chainiv. Must be at least 10ft. in lengthv. Must be fitted with a proper harness or collar (no choke or prong collars)vi. Cannot reach public walkways or other person’s propertyH. Cruel Treatmenti. No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal. ii. No person may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.I. Aggravated Cruelty i. No person may intentionally commit an act that causes a companion animal to suffer serious injury or death.ii. Does not include euthanasia by a licensed veterinarianJ. Animal Torturei. A person that, without legal justification, knowingly or intentionally tortures an animalii. “Torture” means infliction of, or subjection to, extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the animal.K. Depiction of Animal Crueltyi. Any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording, that would


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