1 a : a small opening through which small arms may be fired b : a similar opening to admit light and air or to permit observation
2 : a means of escape; especially : an ambiguity or omission in the text through which the intent of a statute, contract, or obligation may be evaded
1 a : unjust or cruel exercise of authority or power b : something that oppresses especially in being an unjust or excessive exercise of power
2 : a sense of being weighed down in body or mind : DEPRESSION
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Florida: Stop Dogfighting and
Cockfighting | |
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Purpose: H.B. 1429 and S.B. 2350 close
loopholes in Florida's animal fighting law, by prohibiting keeping and
training animals for fighting, dealing in animal fighting equipment, and
assisting in an animal fight. The bill also provides for the seizure of
fighting animals, and allows the court to prohibit convicted animal
fighters from owning animals in the future.
Status: H.B. 1429 passed the House Public Safety and Crime Prevention Committee unanimously on April 10. S.B. 2350 has been scheduled for a hearing in the Senate Agriculture Committee on Tuesday, April 22. Background: Animal fighting is one of the most egregious forms of cruelty, in which animals drugged and bred for aggression are set to fight to death or injury for the amusement and illegal gambling of spectators. Cockfighters strap razor-sharp knives and gaffs to birds' legs to make fights more violent. Even the "winners" in cockfights and dogfights often die from their grievous injuries. Animal fights are also notorious venues for drug trafficking, illegal gambling, weapons, and gang activity. Although animal fighting is a felony in Florida, the barbaric spectacles continue to thrive due to loopholes in the law that allow keeping and training animals for fighting. As a result, law enforcement has difficulty cracking down on known animal fighters. Since a new federal law bars transporting animals across state lines for fights, there is no legitimate reason for anyone in Florida to possess an animal for fighting. What You Can Do:
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The vets are considered key to government surveillance systems being built to detect unusual patterns of animal disease that could signal an outbreak, whether naturally occurring or intentional.
The vets are "on the front lines of detection of biological weapons of mass destruction," U.S. Surgeon General Richard Carmona recently told veterinarians at a bioterrorism training session in Florida.
The Agriculture Department has trained hundreds of veterinarians
to diagnose animal diseases that are found in other parts of the world but are
rare or unknown in the United States.
The vets are being asked to watch for diseases that can be passed from animals to humans, such as anthrax, plague and tularemia, as well as those that could be used by terrorists, including swine fever, avian flu and foot-and-mouth disease.
In February, veterinarians joined top Bush administration officials, representatives of the FBI and 15 members of Congress at Washington's National Defense University for "Silent Prairie," a simulated terrorist attack involving foot-and-mouth disease, the malady that led to the slaughter of millions of farm animals in Britain in 2001.
That epidemic served as a wake-up call to U.S. health officials, who realized "how unprepared we would be for something of that magnitude," said Dr. Gary Smith, a professor at the University of Pennsylvania School of Veterinary Medicine.
The Sept. 11 attacks also raised fears that terrorists could easily sabotage the nation's food supply with biological agents.
Dr. John Maxwell, who practices at North Penn Animal Hospital outside Philadelphia and received training from the USDA in diagnosis of rare diseases, said veterinarians must be alert for anything out of the ordinary.
"We're not exactly out there looking for anthrax, but ... we're all medically trained and we can all be sentinel veterinarians by just doing our jobs," said Maxwell.
An unusually high number of cases of bovine anthrax could be a sign of bioterrorism, said Dr. Radford Davis, assistant director of Iowa State University's Center for Food Security and Public Health.
"Or a cat diagnosed with plague in Florida and the cat never left Florida. That's news because plague is limited to the Southwest," he said.
In Orlando, Fla., a January training session on zoonotic diseases -- those that can be passed from animals to humans -- attracted 125 veterinarians from 46 states and Puerto Rico. Those vets, in turn, went back home and began training colleagues.
The Agriculture Department has asked for an additional $47 million this year to strengthen a federal and state government network to respond to bioterrorism and animal disease outbreaks, and another $23 million for the Animal and Plant Health Inspection Service.
The inspection service trains federal, state, military and private veterinarians how to respond to suspected cases of foreign animal disease. The goal is to prevent a catastrophic outbreak.
"The sooner we can detect a foreign animal disease, quarantine it and shut down the movement of livestock, the sooner we will be able to contain it," said Bobby Acord, administrator of the inspection service.
Source: http://www.oaklandtribune.com/Stories/0,1413,82~1865~1327232,00.html
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By Richard Berman
When the human race confronts its most harrowing experiences, one can reliably count on People for the Ethical Treatment of Animals (PETA) to think of the chickens. As the images of Iraq's torture chambers remind us of humans' capacity to brutalize their own kind, PETA loudly frets that pigeons and chickens used by U.S. troops to detect chemical weapons "never enlisted." PETA also complained to Secretary of Defense Donald Rumsfeld that dolphins locating mines in the Persian Gulf "have not volunteered" for service.
That's PETA. Save the dolphins; forget the humans.
PETA has placed animal life above human tragedy before. Earlier this year, it unveiled a roving exhibit, "The Holocaust on Your Plate," that juxtaposes images of chickens with a photo of Nobel Peace Prize winner Elie Wiesel as a young man at the Buchenwald concentration camp.
Declaring a roaster chicken's life to be as valuable as a person's should be unthinkable. But PETA's vulgar attempts to get attention are tame compared to those of animal extremists who are torching medical research labs, severing delivery truck brake lines and planting incendiary devices at fast-food restaurants just to get attention.
So serious have such crimes become that the FBI has issued an alert to law enforcement agencies to remain on the lookout for possible criminal activity by "animal rights extremists" during the World Week for Animals in Laboratories protest scheduled to begin Saturday.
Vinegar, not honey
The animal rights movement has gone from cute and cuddly — think baby seals — to callous and cutthroat. "Our non-violent tactics are not as effective," PETA's co-founder and president, Ingrid Newkirk, has said. "We ask nicely for years and get nothing. Someone makes a threat, and it works." She did not respond to a request for further comment.
Another group, Stop Huntingdon Animal Cruelty (SHAC), is running a intimidation campaign against those who do business with Huntingdon Life Sciences, a research lab that uses animal tests to help find new drugs for AIDS, cancer and other diseases.
"You don't need a four-year degree to call in a bomb hoax," SHAC leader Kevin Kjonaas says on a tape. At another event, he explains: "We're not your parents' Humane Society. ... We come with a new philosophy. We hold the radical line. We will not compromise! We will not apologize, and we will not relent!"
PETA ran the campaign against Huntingdon until a court order stopped it. PETA also funded the legal defense of a convicted arsonist and has served as the media representative for the Animal Liberation Front (ALF), a terrorist group. Think that's a misuse of the "T" word? The FBI doesn't. It calls ALF, along with its sister organization, the Earth Liberation Front (ELF), "a serious terrorist threat" within the United States.
Detailing the terrorism
It is outrageous that the FBI must devote resources to the crimes of homegrown animal-rights zealots at the same time it faces overseas terrorist threats. Yet a few days into the Iraq war, ALF released a report of domestic terrorism committed by ALF and ELF in 2002, claiming "100 illegal direct actions" against businesses, government agencies and universities.
Militants have taken over the animal rights movement. But some mainstream institutions act as if they were still talking about shelters for stray dogs and cats. In February, California State University, Fresno invited ALF and ELF leaders to participate in a conference on "revolutionary environmentalism." State taxpayers can savor the irony of paying both for Fresno to host terrorists and for the FBI to track them down.
Some of these activists have declared themselves heir to Martin Luther King Jr.'s legacy of protest. King engaged in civil disobedience, but he didn't use fire to make a point. Nor is there anything civil about those who value chickens over the lives of our troops.
Richard Berman is executive director of the Center for Consumer Freedom, a non-profit coalition supported by restaurant operators and food and beverage companies.
Source: http://www.usatoday.com/news/opinion/editorials/2003-04-15-berman_x.htm
Four years ago, Scranton third grader Amanda Walker-Serrano tried to put her civics lessons to work, collecting classmates' signatures on a petition protesting a class trip to a circus she believed was cruel to performing animals.
She got a real-life lesson when the Lackawanna Trail School District shut down her campaign for disrupting school activities.
Yesterday, Amanda got a lesson in the limits of the First Amendment when the U.S. Court of Appeals for the Third Circuit unanimously affirmed dismissal of her civil rights suit against school officials.
Though Amanda did not get all the signatures she wanted - she got more than 30 - she was permitted to distribute coloring books and stickers about animal abuse, U.S. Circuit Judge Anthony J. Scirica wrote.
"Absent punishment for expression, a significant pattern of concrete suppression, or some other form of clear suppression of the expression of elementary school students, a federal First Amendment action is not an appropriate forum for resolution of disputes over schools' control of third graders' conduct," Scirica wrote.
According to the lawsuit, Amanda's parents, Lisa Walker and Michael Serrano, are active in animal-rights groups.
In February 1999, Amanda and her parents learned that the third-grade class was going on a voluntary trip to the Shriners' circus in Wilkes-Barre. Amanda prepared a handwritten petition stating: "We 3rd grade kids don't want to go to the circus because they hurt animals. We want a better feild (sic) trip."
On April 7, 1999, Amanda's class attended the circus without her. Amanda and her mother protested outside the circus tent.
Although the three appeals judges unanimously determined that Amanda's free-speech rights were not violated, the judges disagreed about how civic-minded an elementary school student can be.
U.S. Circuit Judge Morton I. Greenberg questioned whether Amanda's classmates knew what they were signing or caved in to peer pressure: "I think that it is unlikely that the third-grade children here could have had knowledge of how a circus treats its animals. After all, I have no such knowledge myself."
U.S. District Judge John P. Fullam, who was named to fill out the panel, disagreed: "The First Amendment rights of school children are undoubtedly somewhat more limited than the First Amendment rights of adults. But that does not mean that a 9-year-old child should be treated as if she were a preschooler.
"To suggest that neither Amanda Walker-Serrano nor her classmates had sufficient maturity to express or form valid opinions concerning the proposed class trip to the circus I find unacceptable."
THE 9th COMMANDMENT
Exodus 20:16 "Thou shalt
not bear false witness against thy neighbour."
H 3552 General Bill, By Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION. 02/11/03 House Introduced and read first time HJ-7 02/11/03 House Referred to Committee on Judiciary HJ-8 04/09/03 House Committee report: Favorable Judiciary HJ-7 04/10/03 House Read second time HJ-17 04/10/03 House Unanimous consent for third reading on next legislative day HJ-20 04/11/03 Scrivener's error corrected 04/11/03 House Read third time and sent to Senate 04/15/03 Senate Introduced and read first time 04/15/03 Senate Referred to Committee on Agriculture and Natural Resources
Indicates New Matter
COMMITTEE REPORT
April 9, 2003
Introduced by Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett
S. Printed 4/9/03--H. [SEC 4/11/03 10:00 AM]
Read the first time February 11, 2003.
To whom was referred a Bill (H. 3552) to amend the Code of Laws of South Carolina, 1976, by adding Section 47-1-45 so as to provide that Department of Social Services and Adult Protective Services employees must report known or suspected instances of animal cruelty, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1 of Title 47 of the 1976 Code is amended by adding:
"Section 47-1-45. (A) A Department of Social Services and Adult Protective Services employee, acting within the course and scope of his employment, who knows or reasonably suspects that an animal has been abandoned or ill treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by law shall report the known or suspected instance of animal cruelty or animal fighting or baiting to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, to an animal control officer, or to a law enforcement agency.
(B) A Department of Social Services employee, acting within the course and scope of his employment, who reports animal cruelty, fighting, baiting, abuse, or neglect pursuant to this section is immune from liability under this section and the provisions of Sections 20-7-540 and 43-35-75.
(C) A veterinarian or other person who has reasonable cause to believe that an animal has been abandoned or cruelly treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by Section 16-27-10 or another provision of law may report the incident to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, to an animal control officer, or to a law enforcement agency. A veterinarian or person who makes a report pursuant to this section or who participates in an investigation or judicial proceeding resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In the civil or criminal proceedings, good faith is rebuttably presumed."
SECTION 2. Section 20-7-510(A) of the 1976 Code, as last amended by an act of 2002, bearing ratification number 463, is further amended to read:
"(A) A physician, nurse, dentist, optometrist,
medical examiner, or coroner or an employee of a county medical examiner's or
coroner's office or any other medical, emergency medical
services, mental health, or allied health professional or Christian Science
practitioner, religious healer, school teacher, counselor, principal, assistant
principal, social or public assistance worker, substance abuse treatment staff,
or childcare worker in any a childcare
center or foster care facility, police or law enforcement officer, undertaker,
funeral home director or employee of a funeral home, persons
person responsible for processing of films film,
computer technician, officer or agent of the South Carolina Society for
the Prevention of Cruelty to Animals or of another society incorporated for the
purpose of preventing cruelty to animals, animal control officer, or
any judge shall report in accordance with this section when in
the person's professional capacity the person has received information which
gives the person reason to believe that a child's physical or mental health or
welfare has been or may be adversely affected by abuse or neglect."
SECTION 3. Section 43-35-25(A) of the 1976 Code, as added by Act 110 of 1993, is amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or mental retardation specialist, social or public assistance worker, caregiver, staff or volunteer of an adult daycare center or of a facility, an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, animal control officer, or law enforcement officer having reason to believe that a vulnerable adult has been or is likely to be abused, neglected, or exploited shall report the incident in accordance with this section. Any other person who has actual knowledge that a vulnerable adult has been abused, neglected, or exploited shall report the incident in accordance with this section."
SECTION 4. This act takes effect upon approval by the Governor.