BILL NO. 1794
Representative Legan offered House Amendment No. 7.
AMEND House Committee Substitute for Senate Substitute
for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972
& 990, by inserting the following in the appropriate location:
"578.405. 1. Sections 578.405 to 578.412 shall
be known and may be cited as "The Animal Research and Production
Facilities Protection Act".
2. As used in sections 578.405 to 578.412, the following terms
mean:
(1) "Animal", every living creature, domestic or wild,
but not including Homo sapiens;
(2) "Animal facility", any facility, animal farming operation,
business or organization engaging in legal scientific research or
agricultural production or involving the use of animals, including
any organization with a primary purpose of representing livestock
production or processing, any organization with a primary purpose
of promoting or marketing livestock or livestock products, any person
licensed to practice veterinary medicine, any organization involved
in the production of pet food or pet food research, and any organization
with a primary purpose of representing any such person, organization,
or institution. The term shall include the owner, operator, and
employees of any animal facility [and], the offices [and], barns,
buildings, or other structures, the vehicles of any such persons
while engaged in duties related to the animal facility, and any
[premises] private property where animals are located, including
but not limited to the barns or areas where the animals are pastured,
housed, or otherwise quartered;
(3) "Director", the director of the department of agriculture.
578.407. No person shall:
(1) Release, steal, or otherwise intentionally cause the death,
injury, or loss of any animal at or from an animal facility and
not authorized by that facility;
(2) Damage, vandalize, or steal any property in or on an animal
facility;
(3) Obtain access to an animal facility by false pretenses for
the purpose of performing acts not authorized by the facility;
(4) Enter or otherwise interfere with an animal facility with the
intent to destroy, alter, duplicate or obtain unauthorized possession
of records, data, material, equipment, or animals;
(5) Knowingly obtain, by theft or deception, control over records,
data, material, equipment, or animals of any animal facility for
the purpose of depriving the rightful owner or animal facility of
the records, material, data, equipment, or animals, or for the purpose
of concealing, abandoning, or destroying such records, material,
data, equipment, or animals;
(6) Enter or remain on an animal facility with the intent to commit
an act prohibited by this section;
(7) Photograph, videotape, or otherwise obtain images from within
a structure that an animal is housed without the express written
consent of the animal facility;
(8) Intentionally or knowingly release or introduce any pathogen
or disease in or near an animal facility that has the potential
to cause disease in any animal at the animal facility or which otherwise
threatens human health or biosecurity at the animal facility.
578.409. 1. Any person who violates section 578.407:
(1) Shall be guilty of a misdemeanor for each such violation unless
the loss, theft, or damage to the animal facility exceeds three
hundred dollars in value;
(2) Shall be guilty of a class D felony for a violation of subdivision
(7) of section 578.407 or if the loss, theft, or damage to the animal
facility property exceeds three hundred dollars in value but does
not exceed ten thousand dollars in value;
(3) Shall be guilty of a class C felony if the loss, theft, or
damage to the animal facility property exceeds ten thousand dollars
in value but does not exceed one hundred thousand dollars in value;
(4) Shall be guilty of a class B felony if the loss, theft, or
damage to the animal facility exceeds one hundred thousand dollars
in value.
2. Any person who intentionally agrees with another person to violate
section 578.407 and commits an act in furtherance of such violation
shall be guilty of the same class of violation as provided in subsection
1 of this section. 3. In the determination of the value of the loss,
theft, or damage to an animal facility, the court shall conduct
a hearing to determine the reasonable cost of replacement of materials,
data, equipment, animals, and records that were damaged, destroyed,
lost, or cannot be returned, as well as the reasonable cost of lost
production funds and repeating experimentation that may have been
disrupted or invalidated as a result of the violation of section
578.407.
4. Any persons found guilty of a violation of section 578.407 shall
be ordered by the court to make restitution, jointly and severally,
to the owner, operator, or both, of the animal facility, in the
full amount of the reasonable cost as determined under subsection
3 of this section.
5. Any person who has been damaged by a violation of section 578.407
may recover all actual and consequential damages, punitive damages,
and court costs, including reasonable attorneys' fees, from the
person causing such damage. 6. Nothing in sections 578.405 to 578.412
shall preclude any animal facility injured in its business or property
by a violation of section 578.407 from seeking appropriate relief
under any other provision of law or remedy including the issuance
of an injunction against any person who violates section 578.407
including any relief authorized under subsection 5 of this section.
The owner or operator of the animal facility may petition the court
to permanently enjoin such persons from violating sections 578.405
to 578.412 and the court shall provide such relief.
578.412. 1. The director shall have the authority to investigate
any alleged violation of sections 578.405 to 578.412, along with
any other law enforcement agency, and may [take any action within
the director's authority necessary for the enforcement of sections
578.405 to 578.412] initiate civil legal action in the circuit court
of the county where the violation occurred. The attorney general,
the highway patrol, and other law enforcement officials shall provide
assistance required in the conduct of an investigation.
2. The director may promulgate rules and regulations necessary
for the enforcement of sections 578.405 to 578.412. No rule or portion
of a rule promulgated under the authority of sections 578.405 to
578.412 shall become effective unless it has been promulgated pursuant
to the provisions of section 536.024, RSMo."; and
Further amend the title, enacting clause, and intersectional
references accordingly.
Representative Johnson (90) offered House Amendment No. 1 to House
Amendment No. 7.
House Amendment No. 1
to
House Amendment No. 7
AMEND House Amendment No. 7 to House Committee
Substitute for Senate Substitute for Senate Committee Substitute
for Senate Bill Nos. 837, 866, 972 & 990, Page 3, Section 548.407,
Line 1, by deleting the semi-colon at the end of said line and by
inserting at the end of said line the following: "with the
intent to commit agriterrorism"; and
Further amend said title, enacting clause and intersectional
references accordingly.
Representative Clayton assumed the Chair.
Representative Legan offered House Substitute Amendment No. 1 for
House Amendment No. 1 to House Amendment No. 7.
House Substitute Amendment No. 1
for
House Amendment No. 1
to
House Amendment No. 7
AMEND House Amendment No. 7 to House Committee Substitute
for Senate Substitute for Senate Committee Substitute for Senate
Bill Nos. 837, 866, 972 & 990, Page 2, Section 578.407, Line
30, by inserting in front of the word "photograph" the
following: "with the intent to commit a crime"; and
Further amend the title, enacting clause and intersectional
references accordingly.
Speaker Pro Tem Abel resumed the Chair.
On motion of Representative Legan, House Substitute Amendment No.
1 for House Amendment No. 1 to House Amendment No. 7 was adopted.
Representative Clayton offered House Amendment No. 2 to House Amendment
No. 7.
House Amendment No. 2
to
House Amendment No. 7
AMEND House Amendment No. 7 to House Committee Substitute
for Senate Substitute for Senate Committee Substitute for Senate
Bill Nos. 837, 866, 972 & 990, Page 3, Section 578.409, Lines
11 and 12, by striking the following: "for a violation of subdivision
(7) of section 578.407 or".
On motion of Representative Clayton, House Amendment No. 2 to House
Amendment No. 7 was adopted.
On motion of Representative Legan, House Amendment No. 7, as amended,
was adopted.
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No Margins. No Limits. No Kidding.