S. 2908Senate108th Congress (2003-2005)In Committee

Animal Fighting Prohibition Enforcement Act of 2004

Introduced October 6, 2004

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

October 6, 2004

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SenateIntro Referral

Introduced in Senate

October 6, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR 10/7/2004 S10582-10583)

October 6, 2004

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

October 6, 2004

Floor Debate

20 members

What members said about S. 2908 on the floor

6 Republicans14 Democrats
Thomas R. Carper
Sen. Thomas R. CarperD-DE · Oct 6, 2004

Mr. President, a few minutes ago, I was recognized and I spoke about the first State. The first State is Delaware. Delaware became the first State December 7th, 1787, when we ratified the…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · Oct 7, 2004

Mr. President, today I am pleased to join Senator Max Baucus in introducing legislation that addresses the longstanding problem of dilapidated tribal detention facilities on Indian reservations.…

John Cornyn
Sen. John CornynR-TX · Oct 7, 2004

Mr. President, I rise today to introduce legislation designed to enhance Federal research on an emerging chronic disease in the U.S. known as pulmonary hypertension. PH is a serious and often fatal…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Oct 7, 2004

Mr. President, Senator Specter and I introduce today the Enhanced Second Chance Act of 2004, which takes direct aim at reducing recidivism rates for our Nation's ex-offenders and improving the…

Maria Cantwell
Sen. Maria CantwellD-WA · Oct 7, 2004

Mr. President, I rise today to introduce the Confronting Methamphetamines Act of 2004. Methamphetamine, meth, use is growing exponentially in parts of our country and is spreading across the country…

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John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Oct 7, 2004

On Monday, the Government Accountability Office (GAO) released a report on the Trade Adjustment Assistance health coverage tax credit, HCTC. The report confirms what many in Congress have been saying…

Mark L. Pryor
Sen. Mark L. PryorD-AR · Oct 7, 2004

Mr. President, I know the hour is late, and I will try to keep my comments fairly brief. I promise I will not take more than an hour or two. What I am showing tonight is a picture of some American…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Oct 6, 2004

Mr. President, on a late Friday afternoon back on September 3, 2004, the Bush Administration announced, just before the Labor Day holiday weekend, that there will be a 17.4 percent increase in the…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Oct 6, 2004

Mr. President, today I am pleased to announce the introduction of the Information Technology for Health Care Quality Act. Let me thank Senator Kennedy for joining me in introducing this bill. By…

Richard G. Lugar
Sen. Richard G. LugarR-IN · Oct 6, 2004

Mr. President, I rise today in order to express my support for the Nonprofit Athletic Organization Protection Act of 2004. Our country has invested a tremendous number of resources in providing our…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Oct 7, 2004

Mr. President, I rise today to introduce the Fair Access to Clinical Trials (FACT) Act. I want to begin by thanking Senator Kennedy, Senator Johnson, and Senator Wyden for joining me in introducing…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Oct 6, 2004

Mr. President, I was proud to join with my colleagues and tens of thousands of America's first peoples, including a substantial contingent of Alaska Natives, in participating in the opening…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Oct 7, 2004

Mr. President, over the past year, I have come to this floor on a number of occasions to discuss the loss of manufacturing jobs in Wisconsin and around the country and ways in which I think that…

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George Allen
Sen. George AllenR-VA · Oct 7, 2004

Mr. President, I rise to bring the Senate's attention to a bill I introduced today, the Long-Term Care Act of 2004. Baby boomers will begin to turn 65 years old in 2010 and by 2030, all 77 million…

Arlen Specter
Sen. Arlen SpecterR-PA · Oct 6, 2004

Mr. President, I seek recognition to introduce the ``Animal Fighting Protection Enforcement Act of 2004'' with my colleagues Senators Feinstein, Ensign, Cantwell, DeWine and Leahy. The bipartisan…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Oct 7, 2004

I am pleased today to introduce the Fair Access to Clinical Trials or FACT Act. This needed legislation will improve the information available to patients and their families about the medical…

Arlen Specter
Sen. Arlen SpecterR-PA · Oct 7, 2004

Mr. President, I have sought recognition to speak in support of legislation which I am sponsoring with the Senator from Delaware, Mr. Biden--the Enhanced Second Chance Act of 2004. This year, more…

Tim Johnson
Sen. Tim JohnsonD-SD · Oct 7, 2004

Mr. President, today I join several of my colleagues in introducing a very important piece of legislation that will improve access to information about prescription drugs for patients and their…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Oct 6, 2004

Mr. President, I rise to join my colleague Senator Craig in introducing The Specialty Crop Competitiveness Act of 2004. This legislation would help increase the production and consumption of fruits…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Oct 6, 2004

Mr. President, I rise today with my colleague from New York to introduce legislation to stop the sale of questionable financial products through hard sales tactics to our military personnel and their…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Oct 7, 2004

Mr. President, I rise today to introduce the ``Common Sense Automobile Affordability Act Of 2004''. My colleagues from Maryland introduced a similar bill in the House. I believe in energy…

Jack Reed
Sen. Jack ReedD-RI · Oct 7, 2004

Mr. President, I am proud to join my colleague from Ohio, the Chairman of the Substance Abuse and Mental Health Subcommittee of the Senate HELP Committee, to introduce a bill that we believe will…

Richard G. Lugar
Sen. Richard G. LugarR-IN · Oct 7, 2004

Mr. President, I rise to introduce the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004. The unprecedented AIDS orphan crisis in sub-Saharan Africa has…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Oct 6, 2004

Mr. President, I rise today to join my colleagues in introducing the Affordability in Medicare Premiums Act of 2004. This bill would protect seniors against the outrageous increases in their Medicare…

Bill Text

Latest available legislative text

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Introduced in SenateIssued October 6, 2004

II

108th CONGRESS

2d Session

S. 2908

IN THE SENATE OF THE UNITED STATES

October 6, 2004

Mr. Specter (for himself, Mrs. Feinstein, Mr. Ensign, Ms. Cantwell, Mr. DeWine, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to strengthen prohibitions against animal fighting, and for other purposes.

1.

Short title

This Act may be cited as the Animal Fighting Prohibition Enforcement Act of 2004.

2.

Enforcement of animal fighting prohibitions

(a)

In general

Chapter 3 of title 18, United States Code, is amended by adding at the end the following:

49.

Animal fighting prohibition

(a)

Sponsoring or exhibiting an animal in an animal fighting venture

(1)

In general

Except as provided in paragraph (2), it shall be unlawful for any person to knowingly sponsor or exhibit an animal in an animal fighting venture, if any animal in the venture was moved in interstate or foreign commerce.

(2)

Special rule for certain States

With respect to fighting ventures involving live birds in a State where it would not be in violation of the law, it shall be unlawful under this subsection for a person to sponsor or exhibit a bird in the fighting venture only if the person knew that any bird in the fighting venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for the purpose of participation in the fighting venture.

(b)

Buying, selling, delivering, or transporting animals for participation in animal fighting venture

It shall be unlawful for any person to knowingly sell, buy, transport, or deliver, or receive for purposes of transportation, in interstate or foreign commerce, any dog or other animal for purposes of having the dog or other animal participate in an animal fighting venture.

(c)

Use of postal service or other interstate instrumentality for promoting animal fighting venture

It shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any instrumentality of interstate commerce for commercial speech promoting an animal fighting venture except as performed outside the limits of the States of the United States.

(d)

Violation of State law

Notwithstanding subsection (c), the activities prohibited by such subsection shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof.

(e)

Sharp instruments

It shall be unlawful for any person to knowingly sell, buy, transport, or deliver in interstate or foreign commerce a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture.

(f)

Penalties

Any person who violates subsection (a), (b), (c), or (e) shall be fined under this title or imprisoned for not more than 2 years, or both, for each such violation.

(g)

Definitions

For purposes of this section—

(1)

the term animal fighting venture means any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment except that the term animal fighting venture shall not be deemed to include any activity the primary purpose of which involves the use of one or more animals in hunting another animal or animals, such as waterfowl, bird, raccoon, or fox hunting;

(2)

the term instrumentality of interstate commerce means any written, wire, radio, television or other form of communication in, or using a facility of, interstate commerce;

(3)

the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and

(4)

the term animal means any live bird, or any live dog or other mammal, except man.

(h)

Conflict with State law

The provisions of this section do not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this section or any rule, regulation, or standard hereunder.

.

(b)

Clerical amendment

The table of contents for chapter 3 of title 18, United States Code, is amended by inserting after the item relating to section 48 the following:

49. Animal fighting prohibition

.

(c)

Repeal of criminal penalty in the animal welfare act

Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended by striking subsection (e).