| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0375* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 375 | |
| 11 | 8 | M4 5lr1380 | |
| 12 | - | SB 1055/24 – EEE CF | |
| 9 | + | SB 1055/24 – EEE CF 5lr1420 | |
| 13 | 10 | By: Senator Kramer | |
| 14 | 11 | Introduced and read first time: January 17, 2025 | |
| 15 | 12 | Assigned to: Education, Energy, and the Environment | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 24, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | - | Agriculture – Roosters Crimes Relating to Animals – Restrictions on Keeping 2 | |
| 25 | - | Roosters 3 | |
| 18 | + | Agriculture – Roosters – Restrictions 2 | |
| 26 | 19 | ||
| 27 | - | FOR the purpose of prohibiting, unless authorized by the Department of Agriculture 4 | |
| 28 | - | beginning on a certain date , a certain person from keeping a 5 | |
| 29 | - | rooster movement–constrained through the use of a certain enclosure or tether 6 | |
| 30 | - | certain number of roosters on certain property beginning on a certain date, subject 7 | |
| 31 | - | to certain exceptions; authorizing the Department to work in cooperation with a local 8 | |
| 32 | - | animal control or law enforcement officer to enforce this Act; and generally relating 9 | |
| 33 | - | to restrictions on keeping roosters in the State. 10 | |
| 20 | + | FOR the purpose of prohibiting, unless authorized by the Department of Agriculture, a 3 | |
| 21 | + | certain person from keeping a certain number of roosters on certain property 4 | |
| 22 | + | beginning on a certain date, subject to certain exceptions; authorizing the 5 | |
| 23 | + | Department to work in cooperation with a local animal control or law enforcement 6 | |
| 24 | + | officer to enforce this Act; and generally relating to restrictions on keeping roosters 7 | |
| 25 | + | in the State. 8 | |
| 34 | 26 | ||
| 35 | - | BY adding to | |
| 36 | - | Article – Agriculture | |
| 37 | - | Section 3–105.2 | |
| 38 | - | Annotated Code of Maryland | |
| 39 | - | (2016 | |
| 27 | + | BY adding to 9 | |
| 28 | + | Article – Agriculture 10 | |
| 29 | + | Section 3–105.2 11 | |
| 30 | + | Annotated Code of Maryland 12 | |
| 31 | + | (2016 Replacement Volume and 2024 Supplement) 13 | |
| 40 | 32 | ||
| 41 | - | Preamble | |
| 33 | + | Preamble 14 | |
| 42 | 34 | ||
| 43 | - | WHEREAS, Despite its illegality in Maryland, ongoing issues | |
| 44 | - | cockfighting; and | |
| 35 | + | WHEREAS, Despite its illegality in Maryland, ongoing issues persist with 15 | |
| 36 | + | cockfighting; and 16 | |
| 45 | 37 | ||
| 46 | - | WHEREAS, Breeding roosters for cockfighting is directly linked to the spread of 19 | |
| 47 | - | Avian Flu; now, therefore, 20 | |
| 38 | + | WHEREAS, Breeding roosters for cockfighting is directly linked to the spread of 17 | |
| 39 | + | Avian Flu; now, therefore, 18 | |
| 40 | + | ||
| 41 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
| 42 | + | That the Laws of Maryland read as follows: 20 | |
| 43 | + | ||
| 44 | + | Article – Agriculture 21 | |
| 45 | + | ||
| 46 | + | 3–105.2. 22 | |
| 48 | 47 | 2 SENATE BILL 375 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | SECTION | |
| 52 | - | ||
| 50 | + | (A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 1 | |
| 51 | + | INDICATED. 2 | |
| 53 | 52 | ||
| 54 | - | ||
| 53 | + | (2) “PROPERTY” MEANS: 3 | |
| 55 | 54 | ||
| 56 | - | ||
| 55 | + | (I) A PARCEL OF LAND ; OR 4 | |
| 57 | 56 | ||
| 58 | - | Article – Criminal Law 5 | |
| 57 | + | (II) A COMBINATION OF PARCE LS OF LAND OPERATING AS A 5 | |
| 58 | + | SINGLE UNIT. 6 | |
| 59 | 59 | ||
| 60 | - | ||
| 60 | + | (3) “ROOSTER” MEANS A MALE CHICKEN THAT: 7 | |
| 61 | 61 | ||
| 62 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7 | |
| 63 | - | INDICATED. 8 | |
| 62 | + | (I) IS AT LEAST 6 MONTHS OLD; 8 | |
| 64 | 63 | ||
| 65 | - | (2) “ENCLOSURE” MEANS A STRUCTURE US ED FOR CONFINEMENT , 9 | |
| 66 | - | INCLUDING A WIRE CAG E OR AN ITEM TRADITI ONALLY USED FOR ANOT HER 10 | |
| 67 | - | PURPOSE SUCH AS A WA TER TANK OR PLASTIC BARREL, THAT: 11 | |
| 64 | + | (II) HAS FULLY DEVELOPED A N ADULT PLUMAGE ; OR 9 | |
| 68 | 65 | ||
| 69 | - | (I) IS USED TO PROVIDE L ONG–TERM HOUSING FOR ONE ADULT 12 | |
| 70 | - | ROOSTER; AND 13 | |
| 66 | + | (III) IS CAPABLE OF CROWING . 10 | |
| 71 | 67 | ||
| 72 | - | ( | |
| 68 | + | (B) THIS SECTION DOES NOT APPLY TO: 11 | |
| 73 | 69 | ||
| 74 | - | (2) (3) “PROPERTY” MEANS: 15 | |
| 70 | + | (1) COMMERCIAL POULTRY PR ODUCERS, AS DEFINED IN § 8–704.2 OF 12 | |
| 71 | + | THIS ARTICLE; 13 | |
| 75 | 72 | ||
| 76 | - | (I) A A PARCEL OF LAND ; OR 16 | |
| 73 | + | (2) A PUBLIC SCHOOL OR NON PUBLIC SCHOOL THAT R ECEIVES 14 | |
| 74 | + | STATE FUNDS; 15 | |
| 77 | 75 | ||
| 78 | - | (II) A A COMBINATION OF PARCE LS OF LAND OPERATING AS A 17 | |
| 79 | - | SINGLE UNIT. 18 | |
| 76 | + | (3) A GOVERNMENT –OPERATED ANIMAL SHEL TER; 16 | |
| 80 | 77 | ||
| 81 | - | (3) (4) “ROOSTER” MEANS A MALE CHICKEN THAT: 19 | |
| 78 | + | (4) AN ANIMAL WELFARE ORG ANIZATION, AS DEFINED IN § 19–701 OF 17 | |
| 79 | + | THE BUSINESS REGULATION ARTICLE; OR 18 | |
| 82 | 80 | ||
| 83 | - | (I) IS IS AT LEAST 6 MONTHS OLD ; 20 | |
| 81 | + | (5) A MEMBER OF A 4–H OR FUTURE FARMERS OF AMERICA 19 | |
| 82 | + | PROGRAM IF, ON REQUEST OF AN ANI MAL CONTROL OFFICER , AN OFFICER OF A 20 | |
| 83 | + | COUNTY HUMANE SOCIET Y, OR A POLICE OFFICER , THE MEMBER PROVIDES IN 21 | |
| 84 | + | WRITING PROOF OF : 22 | |
| 84 | 85 | ||
| 85 | - | (II) HAS HAS FULLY DEVELOPED AN A DULT PLUMAGE ; OR 21 | |
| 86 | + | (I) MEMBERSHIP IN A 4–H OR FUTURE FARMERS OF AMERICA 23 | |
| 87 | + | PROGRAM; AND 24 | |
| 86 | 88 | ||
| 87 | - | (III) IS IS CAPABLE OF CROWING . 22 | |
| 88 | - | ||
| 89 | - | (B) THIS SECTION DOES NOT APPLY TO: 23 | |
| 90 | - | ||
| 91 | - | (1) COMMERCIAL COMMERCIAL POULTRY PRODUCERS , AS DEFINED 24 | |
| 92 | - | IN § 8–704.2 OF THIS ARTICLE THE AGRICULTURE ARTICLE; 25 | |
| 93 | - | ||
| 94 | - | (2) A A PUBLIC SCHOOL OR NONPUBLIC SCHOOL THA T RECEIVES 26 | |
| 95 | - | STATE FUNDS; 27 SENATE BILL 375 3 | |
| 89 | + | (II) AUTHORIZATION FROM TH E COUNTY IN WHICH TH E 25 | |
| 90 | + | ROOSTERS ARE LOCAT ED THAT SPECIFIES : 26 | |
| 91 | + | SENATE BILL 375 3 | |
| 96 | 92 | ||
| 97 | 93 | ||
| 94 | + | 1. THE REASON FOR KEEPIN G MORE THAN 5 ROOSTERS 1 | |
| 95 | + | PER ACRE OR MORE THA N 25 ROOSTERS ON A PROPER TY; 2 | |
| 98 | 96 | ||
| 99 | - | | |
| 97 | + | 2. THE NUMBER OF ROOSTER S THAT MAY BE KEPT ; 3 | |
| 100 | 98 | ||
| 101 | - | (4) AN AN ANIMAL WELFARE ORGAN IZATION, AS DEFINED IN § 19–701 2 | |
| 102 | - | OF THE BUSINESS REGULATION ARTICLE; OR 3 | |
| 99 | + | 3. THE BREED OF EACH ROOSTER THAT MAY BE KEPT; 4 | |
| 103 | 100 | ||
| 104 | - | (5) A A MEMBER OF A 4–H OR FUTURE FARMERS OF AMERICA 4 | |
| 105 | - | PROGRAM IF, ON REQUEST OF AN ANI MAL CONTROL OFFICER , AN OFFICER OF A 5 | |
| 106 | - | COUNTY HUMANE SOCIET Y, OR A POLICE OFFICER , THE MEMBER PROVIDES IN 6 | |
| 107 | - | WRITING PROOF OF : 7 | |
| 101 | + | 4. THE DURATION OF TIME EACH ROOSTER MAY BE 5 | |
| 102 | + | KEPT; AND 6 | |
| 108 | 103 | ||
| 109 | - | | |
| 110 | - | ||
| 104 | + | 5. THE ADDRESS OF THE PR OPERTY WHERE EACH 7 | |
| 105 | + | ROOSTER MAY BE KEPT . 8 | |
| 111 | 106 | ||
| 112 | - | (II) AUTHORIZATION AUTHORIZATION FROM THE COUNTY IN 10 | |
| 113 | - | WHICH THE ROOSTERS A RE LOCATED THAT SPEC IFIES: 11 | |
| 107 | + | (C) BEGINNING JANUARY 1, 2027, UNLESS AUTHORIZED BY THE 9 | |
| 108 | + | DEPARTMENT , A PERSON WHO KEEPS ROOSTERS THAT ARE MA INTAINED 10 | |
| 109 | + | INDIVIDUALLY AND KEPT MOVEMENT –CONSTRAINED THROUGH THE USE OF AN 11 | |
| 110 | + | ENCLOSURE OR TETHER MAY NOT: 12 | |
| 114 | 111 | ||
| 115 | - | 1 | |
| 116 | - | ||
| 112 | + | (1) KEEP MORE THAN 5 ROOSTERS PER ACRE ON A SINGLE 13 | |
| 113 | + | PROPERTY; OR 14 | |
| 117 | 114 | ||
| 118 | - | 2. THE THE NUMBER OF ROOSTERS T HAT MAY BE KEPT ; 14 | |
| 115 | + | (2) KEEP MORE THAN A TOTA L OF 25 ROOSTERS ON A SINGLE 15 | |
| 116 | + | PROPERTY. 16 | |
| 119 | 117 | ||
| 120 | - | 3. THE THE BREED OF EACH ROOSTER THAT MAY BE 15 | |
| 121 | - | KEPT; 16 | |
| 118 | + | (D) (1) THIS SECTION DOES NOT AFFECT THE AUTHORITY OF A COUNTY, 17 | |
| 119 | + | MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO ENACT AND ENFORCE 18 | |
| 120 | + | STANDARDS OR REQUIRE MENTS RELATED TO ROO STERS THAT ARE MORE 19 | |
| 121 | + | STRINGENT THAN THE R EQUIREMENTS OF THIS SECTION. 20 | |
| 122 | 122 | ||
| 123 | - | 4. THE THE DURATION OF TIME EAC H ROOSTER MAY BE 17 | |
| 124 | - | KEPT; AND 18 | |
| 123 | + | (2) THIS SECTION DOES NOT LIMIT OR SUPERSEDE A NY OTHER 21 | |
| 124 | + | COUNTY, MUNICIPAL, OR STATE LAW, RULE, OR REGULATION THAT P ROVIDES MORE 22 | |
| 125 | + | STRINGENT REQUIREMEN TS REGARDING THE KEE PING OF ROOSTERS . 23 | |
| 125 | 126 | ||
| 126 | - | 5. THE THE ADDRESS OF THE PROPE RTY WHERE EACH 19 | |
| 127 | - | ROOSTER MAY BE KEPT ; OR 20 | |
| 127 | + | (E) A PERSON WHO VIOLATES THIS SECTION IS: 24 | |
| 128 | 128 | ||
| 129 | - | (6) A PERSON IF, ON REQUEST OF AN ANI MAL CONTROL OFFICER , AN 21 | |
| 130 | - | OFFICER OF A COUNTY HUMANE SOCIETY , OR A POLICE OFFICER , THE PERSON 22 | |
| 131 | - | PROVIDES IN WRITING PROOF THAT THE PERSO N KEPT MORE ADULT HE NS THAN 23 | |
| 132 | - | ROOSTERS WITHIN THE IMMEDIATELY PRECEDIN G 6–MONTH PERIOD . 24 | |
| 129 | + | (1) GUILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT TO 25 | |
| 130 | + | A FINE NOT EXCEEDING $1,000; OR 26 | |
| 133 | 131 | ||
| 134 | - | (C) BEGINNING JANUARY 1, 2027, UNLESS AUTHORIZED BY THE 25 | |
| 135 | - | DEPARTMENT , A PERSON WH O KEEPS ROOSTERS THA T ARE MAINTAINED 26 | |
| 136 | - | INDIVIDUALLY AND KEPT MAY NOT KEEP A ROOST ER MOVEMENT –CONSTRAINED 27 | |
| 137 | - | THROUGH THE USE OF A N ENCLOSURE OR TETHE R MAY NOT: 28 | |
| 132 | + | (2) SUBJECT TO ENFORCEMEN T UNDER § 3–119 OF THIS SUBTITLE. 27 | |
| 138 | 133 | ||
| 139 | - | ( | |
| 140 | - | ||
| 134 | + | (F) THE DEPARTMENT MAY WORK I N COOPERATION WITH A LOCAL ANIMAL 28 | |
| 135 | + | CONTROL OR LAW ENFOR CEMENT OFFICER TO EN FORCE THIS SECTION . 29 | |
| 141 | 136 | 4 SENATE BILL 375 | |
| 142 | 137 | ||
| 143 | 138 | ||
| 144 | - | (2) KEEP MORE THAN A TOTA L OF 25 ROOSTERS ON A SINGLE 1 | |
| 145 | - | PROPERTY. 2 | |
| 139 | + | (G) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE THE 1 | |
| 140 | + | DEPARTMENT TO CONDUCT ADDITIONA L INSPECTIONS BEYOND THOSE 2 | |
| 141 | + | INSPECTIONS REQUIRED BY LAW. 3 | |
| 146 | 142 | ||
| 147 | - | (D) (1) THIS SECTION DOES NOT AFFECT THE AUTHORITY OF A COUNTY, 3 | |
| 148 | - | MUNICIPALITY, OR UNIT OF LOCAL GOV ERNMENT TO ENACT AND ENFORCE 4 | |
| 149 | - | STANDARDS OR REQUIRE MENTS RELATED TO ROO STERS THAT ARE MORE 5 | |
| 150 | - | STRINGENT THAN THE R EQUIREMENTS OF THIS SECTION. 6 | |
| 143 | + | (H) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 4 | |
| 144 | + | SECTION. 5 | |
| 151 | 145 | ||
| 152 | - | (2) THIS SECTION DOES NOT LIMIT OR SUPERSEDE A NY OTHER 7 | |
| 153 | - | COUNTY, MUNICIPAL, OR STATE LAW, RULE, OR REGULATION THAT P ROVIDES MORE 8 | |
| 154 | - | STRINGENT REQUIREMEN TS REGARDING THE KEE PING OF ROOSTERS . 9 | |
| 146 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 | |
| 147 | + | October 1, 2025. 7 | |
| 155 | 148 | ||
| 156 | - | (E) A PERSON WHO VIOLATES THIS SECTION IS: 10 | |
| 157 | - | ||
| 158 | - | (1) GUILTY OF A MISDEMEANO R AND ON CONVICTION IS SUBJECT TO 11 | |
| 159 | - | A FINE NOT EXCEEDING $1,000; OR 12 | |
| 160 | - | ||
| 161 | - | (2) SUBJECT TO ENFORCEMEN T UNDER § 3–119 OF THIS SUBTITLE 13 | |
| 162 | - | ||
| 163 | - | (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 14 | |
| 164 | - | ||
| 165 | - | (2) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO: 15 | |
| 166 | - | ||
| 167 | - | (I) FOR A FIRST OFFENSE , A WARNING; 16 | |
| 168 | - | ||
| 169 | - | (II) FOR A SECOND OFFENSE , A CIVIL PENALTY OF U P TO $500 17 | |
| 170 | - | PER ROOSTER ; AND 18 | |
| 171 | - | ||
| 172 | - | (III) FOR A THIRD OR SUBSE QUENT OFFENSE , A CIVIL PENALTY 19 | |
| 173 | - | OF UP TO $1,000 PER ROOSTER . 20 | |
| 174 | - | ||
| 175 | - | (3) THIS SECTION MAY BE E NFORCED BY: 21 | |
| 176 | - | ||
| 177 | - | (I) ANY STATE OR LOCAL LAW EN FORCEMENT OFFICER ; OR 22 | |
| 178 | - | ||
| 179 | - | (II) A LOCAL ANIMAL CONTROL AUTHORITY FOR THE 23 | |
| 180 | - | JURISDICTION WHERE T HE VIOLATION OCCURS . 24 | |
| 181 | - | ||
| 182 | - | (F) THE DEPARTMENT MAY WORK I N COOPERATION WITH A LOCAL ANIMAL 25 | |
| 183 | - | CONTROL OR LAW ENFOR CEMENT OFFICER TO EN FORCE THIS SECTION. 26 | |
| 184 | - | ||
| 185 | - | (G) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO REQUIRE THE 27 | |
| 186 | - | DEPARTMENT TO CONDUCT ADDITIONAL INSPECTIO NS BEYOND THOSE 28 | |
| 187 | - | INSPECTIONS REQUIRED BY LAW. 29 | |
| 188 | - | SENATE BILL 375 5 | |
| 189 | - | ||
| 190 | - | ||
| 191 | - | (H) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 1 | |
| 192 | - | SECTION. 2 | |
| 193 | - | ||
| 194 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
| 195 | - | October 1, 2025. 4 | |
| 196 | - | ||
| 197 | - | ||
| 198 | - | ||
| 199 | - | ||
| 200 | - | Approved: | |
| 201 | - | ________________________________________________________________________________ | |
| 202 | - | Governor. | |
| 203 | - | ________________________________________________________________________________ | |
| 204 | - | President of the Senate. | |
| 205 | - | ________________________________________________________________________________ | |
| 206 | - | Speaker of the House of Delegates. |