Pending Legislation Held over in Vermont Legislature, 2007
S. 34: Humane Treatment of Animals in Schools and the Right to an Instructional Alternative to Dissection
Summary
Allows students an instructional alternative to dissecting, incubating, capturing, or otherwise harming an animal.
Status: Passed Senate, In the House
Sponsors: Campbell, John; Illuzzi, Vincent; McCormack, Richard
Text
BILL AS PASSED BY SENATE 2007-2008
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 16 V.S.A. §§ 912 and 913 are added to read:
§ 912. Pupil’s right of refusal; animal dissection
(a) Any student in a public or independent elementary or secondary school may refuse to dissect, vivisect, incubate, capture, or otherwise harm or destroy an animal or any part of an animal, or to observe any of these activities, as part of a course of instruction.
(b) Not less than three weeks prior to a course exercise involving the use or dissection of an animal, a school shall notify each student enrolled in the course and his or her parent or guardian of the student’s right to refuse to participate in or observe the exercise.
(c) A student who chooses to refrain from participating in or observing a portion of a course pursuant to this section shall be assigned an alternative education project to learn the material required by the course. If course assessments require harmful or destructive use of animals, the student shall be offered an alternative assessment by which to demonstrate mastery of the material. A student may refuse to participate in any alternative education project or alternative assessment that involves or necessitates the harmful use of an animal or animal parts. A student shall not be discriminated against based upon his or her decision to exercise the right afforded by this section.
(d) As used in this section, the word “animal” means any living organism of the kingdom animalia and includes an animal’s cadaver or the severed parts of any animal’s cadaver.
§ 913. Animal use in science classes and science fairs
(a) In public and independent elementary and secondary schools, live vertebrate animals shall not:
(1) Be experimentally medicated in a manner causing painful reactions or inducing painful or lethal pathological conditions.
(2) Be injured in any other manner, including anesthetization and electric shock.
(b) Live animals on school premises shall be housed and cared for in a humane and safe manner.
H. 67: Homeowner's Insurance and Domestic Dogs
Summary
Makes it illegal for insurance companies to discriminate based on the breed of a dog.
Status: In the House
Sponsors: Dostis, Robert; Minter, Sue
Text
Sec. 1. 8 V.S.A. § 4724(7) is amended to read:
§ 4724. UNFAIR METHODS OF COMPETITION OR UNFAIR OR DECEPTIVE ACTS OR PRACTICES DEFINED
The following are hereby defined as unfair methods of competition or unfair or deceptive acts or practices in the business of insurance:
* * *
(7) Unfair discrimination; arbitrary underwriting action.
* * *
(F) Discriminating against homeowners in regard to homeowner’s insurance based solely on the presence of one or more domestic dogs, unless a specific dog has a documented history of causing significant damage to real or personal property or serious bodily injury to a person.
H. 84: Bear Damaging Property
Summary
This would allow a property owner to hire an agent to kill a black bear doing damage to his property. The bill would also allow the property owner to sell or give away the carcass of a black bear.
Status: In the House
Sponsor: Klein, Tony
Text
(Text in italics are proposed strikeouts, underlined text are proposed additions)
Sec. 1. 10 V.S.A. § 4827 is amended to read:
§ 4827. BLACK BEAR DOING DAMAGE
(a) A person, an authorized member of the person's family, or the person's authorized agent may take, , a bear which he or she can prove was doing damage to the following:
(1) livestock, a pet, or another domestic animal;
(2) bees or bee hives;
(3) a vehicle, building, shed, or any dwelling; or
(4) a crop or crop-bearing plant other than grass.
(b)
(c) A person who wounds or kills a bear pursuant to this section shall immediately report the wounding or killing to a game warden.
(d) A person who kills a bear under this section shall immediately properly dress the carcass and care for the meat.
(e) The game warden shall immediately investigate the case and if satisfied that the bear was taken as provided in this section, the warden shall give the person who owns or occupies the land a certificate of his or her finding in the matter. The certificate shall entitle the person who owns or occupies the land to the ownership of the carcass. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a game warden.
S. 14: An Act Relation to Coyote-Hunting Competitions
Summary
This bill proposes to make it illegal to operate or participate in a coyote-hunting competition.
Status: In the Senate
Sponsors: Ayer, Claire; Giard, Harold; Lyons, Virginia "Ginny"
Text
Sec. 1. 10 V.S.A. § 4502(b) is amended to read:
(b) A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (All sections are in Title 10 of Vermont Statutes Annotated.):
* * *
(3) Twenty points shall be assessed for:
* * *
(T) § 4521. Failure to stop
(U) § 4716. Holding or participating in a coyote-hunting competition.
Sec. 2. 10 V.S.A. § 4716 is added to read:
§ 4716. COYOTE-HUNTING COMPETITION PROHIBITED
(a) In this section, “coyote-hunting competition” means a contest in which people compete in the capturing or taking of coyotes for a prize or recognition based on the size, quality, or number of animals taken.
(b) No person or organization shall hold a coyote-hunting competition, and no person shall participate in a coyote-hunting tournament.
(c) A fish and wildlife warden shall ensure that any coyote injured during the course of an illegal coyote-hunting competition shall be immediately transported to a licensed wildlife rehabilitator or veterinarian to receive rehabilitation treatment or to be euthanized. The carcass of any coyote killed during an illegal hunting tournament shall become the property of the commissioner.
Sec. 3. COMMISSIONER OF FISH AND WILDLIFE; LANDOWNER
EDUCATION; PROTECTION OF LIVESTOCK FROM COYOTE PREDATION
(a) The commissioner of fish and wildlife shall conduct a program to educate farmers and other landowners about proper use of fencing and guard animals to protect livestock against coyotes and about how to avoid attracting coyotes.
(b) On or before January 15, 2008, the commissioner shall report to the senate committee on natural resources and energy and the house committee on fish, wildlife and water resources on activities carried out under this act.
H. 311: An Act Relating to Cage-Free Eggs
Summary
Prohibits intensive confinement of egg laying hens and directs the state to purchase only cage free eggs.
Status: In the House
Sponsors: Hosford, Carol; Masland, Jim
Text
CHAPTER 216. CONFINEMENT OF HENS
§ 5001. INTENSIVE CONFINEMENT OF EGG LAYING HENS PROHIBITED
(a) For the purposes of this section:
(1) “Egg laying hen” means a female domesticated chicken, turkey, duck, goose, or guinea fowl used for the purposes of egg production.
(2) “Living space” means any cage, crate, or other structure used to confine caged egg laying hens.
(3) “Person” shall have the same meaning as in subdivision 351(3) of this title.
(b) No person may confine any caged egg laying hen, for all or the majority of the day, to a living space that does not allow each caged egg laying hen sufficient space to extend fully both wings without touching the sides of the living space or other birds except as provided by subsection (c) of this section.
(c) This section shall not apply to the confinement of caged egg laying hens in such circumstances that may occur during individualized veterinary care by a licensed veterinarian though not to exceed 10 consecutive days, confinement during the first 10 days of the hen’s life, lawful transport, lawful slaughter, or lawful state or county fair exhibition.
(d) Whoever willfully violates this section shall be fined not less than $200.00 and not more than $500.00 for each day that a violation occurs.
Sec. 3. 29 V.S.A. § 909 is added to read:
§ 909. CAGE FREE EGG PROCUREMENT POLICY
(a) For the purposes of this section:
(1) “Cage free hen” means a female domesticated chicken, turkey, duck, goose, or guinea fowl confined under conditions that are permitted pursuant to 6 V.S.A. § 5001.
(2) “Egg” means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea fowl.
(b) Notwithstanding any other provisions of law to the contrary, no eggs shall be purchased for departments, offices, institutions, and other agencies of the state and counties unless such eggs are produced by cage free hens.
(c) This section shall apply to purchases made pursuant to this chapter, including but not limited to:
(1) Purchases by the commissioner of buildings and general services.
(2) Purchases by governmental agencies to which purchasing authority has been delegated pursuant to subsection 902(a) of this title.
(3) Purchases through the general services administration or cooperative agreements with other states pursuant to section 903a of this title.
(4) Purchases for public schools in the state pursuant to section 905 of this title.
S. 202: An Act Relating to Humanely Raised Eggs
Summary
Directs the state to purchase only cage-free eggs.
Status: In the Senate
Sponsors: Miller, Hinda; Campbell, John
Text
Sec. 2. 29 V.S.A. § 909 is added to read:
§ 909. HUMANELY RAISED EGG PROCUREMENT POLICY
(a) For the purposes of this section:
(1) “Humanely raised hen” means a female domesticated chicken, turkey, duck, goose, or guinea fowl which, other than being confined during the first ten days of its life, during actual transport, or during the provision of individualized veterinary care by a licensed veterinarian which shall not exceed a period of ten days, has never been confined for all or the majority of any day in a structure in which each bird does not have the ability to fully spread its wings without touching the sides of such enclosure or other birds.
(2) “Egg” means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea fowl.
(b) Notwithstanding any other provisions of law to the contrary, no eggs shall be purchased for departments, offices, institutions, or other agencies of the state and counties unless such eggs are produced by humanely raised hens.
(c) This section shall apply to purchases made pursuant to this chapter, including but not limited to:
(1) Purchases by the commissioner of buildings and general services.
(2) Purchases by governmental agencies to which purchasing authority has been delegated pursuant to subsection 902(a) of this title.
(3) Purchases through the general services administration or cooperative agreements with other states pursuant to section 903a of this title.
(4) Purchases for public schools in the state pursuant to section 905 of this title.
H. 434: An Act Relating to Requiring Adequate Shelter to Assure Humane Treatment of Domestic Animals and Livestock
Summary
Specifies requirements for adequate shelter to be provided for pets and livestock to protect them from extreme weather.
Status: In the House
Sponsor: French, Patsy
Support Farm Bill Measures to Protect Animals in Research
Contact Your U.S. Senators Today
The Farm, Nutrition, and Bioenergy Act of 2007, H.R. 2419 (commonly known as the Farm Bill), has passed the U.S. House with two important pieces of animal protective legislation attached. The first is a provision that would prohibit the use of live animals for demonstrations to market medical devices. The second would prohibit researchers from obtaining animals from Class B dealers, which sell animals from random sources, such as owner giveaways and former companion animals.
The Farm Bill is frequently a repository of animal protective legislation that has failed to pass as independent bills. However the 2002 Farm Bill was the vehicle used to amend the Animal Welfare Act to remove mice, rats and birds from the definition of animals covered by the Act. It was also stripped of other animal protection measures in a conference committee to reconcile differences in the versions passed by the House and Senate. We can’t let that happen again!
This year the Farm Bill has incorporated two separate bills as separate provisions in this massive legislation; The Animal Protection Accountability Improvement Act, H.R. 2193, and The Pet Safety and Protection Act of 2007, S. 714 and H.R. 1280. For more information on the details of these bills, go to the NAVS Advocacy Center.
Please contact your Senators (Vermont Senators' contact info is at the end of this bulletin, others may find theirs at: Find Your Legislator and let them know that you strongly support animal protection measures and that you hope that they will give their support to the Farm Bill, including Sections 11316 and 11317.
Leahy, Patrick J.- (D - VT)
433 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510 Phone: (202) 224-4242 or 1-800- 642-3193
VT Phone#s:(802) 863-2525 or (802) 229-0569
Email
Sanders, Bernard- (I - VT)
332 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
Phone: (202) 224-5141 or 1-800-339-9834
Web Form
Help Vermonts hens spread their wings!
A bill currently pending in the House Agriculture committee would give laying hens raised in small battery cages enough space to spread their wings, as well as mandate the state purchase only cage-free eggs. There won't be time for any action on the bill this year, but your help is needed to keep up interest in the bill so that the House Agriculture committee will (hopefully) take it up next year. If your representative serves on the committee, please contact them to ask for their support to move this issue forward.
Click the link below to see who is on the committee.
More Info: http://www.leg.state.vt.us/legdir/comms.cfm?Body=H
Vermont Disaster Bill
The Vermont disaster bill passed, which mandates that an animal response team must develop an animal disaster emergency plan for inclusion in the Vermont emergency operations plan. In addition, the Vermont Humane Federation (VHF) and the Humane Society of the United States (HSUS) will be added to the state emergency response commission.
Ear Cropping Bill
The bill banning ear-cropping dog’s for cosmetic purposes did not pass and will most likely be back next year. VVMA is seeking a full ban, so they will again
press for its passage. The Vermont Veterinary Medicine Association (VVMA) is helping to seek a full ban, so they will probably press for its passage again.
Anti-Coyote Contest Hunting Bill
No action was taken on the anti-coyote contest hunting bill.
Unfortunately, it is now up to the Department of Fish and Wildlife to regulate these hunts
Legislative Success!
This year Vermont became the second state to allow judges to grant protective orders for the pets of people trying to leave abusive relationships. Governor Jim Douglas signed it into law as part of a more expansive measure that grants new protections for sexual assault victims. After September 30, 2006, judges will be able to include pets in protective orders. A violation of these orders includes penalties of up to $25,000 and 3 years in prison.
S.166 AN ACT RELATING TO REMOTE-CONTROL HUNTING
Subject: Fish and wildlife; game; remote-control hunting
Statement of purpose: This bill proposes to ban remote‑control hunting.
STATUS: PASSED IN 2005!
More Info: http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/bills/intro/S-166.HTM
