Bill Summary
This proposed bill, titled the "Fighting Inhumane Gambling and High-risk Trafficking Act of 2023" or the "FIGHT Act of 2023," aims to amend the Animal Welfare Act in order to provide greater protection for roosters and to address issues related to animal fighting. The bill defines the term "rooster" to mean any male member of the Gallus Domesticus species that is older than 6 months. It also makes it unlawful for any person to knowingly sponsor, exhibit, attend, or cause a minor to attend an animal fighting venture, as well as to transmit or receive in any State simulcasting of an animal fighting venture. The bill also includes provisions for investigating violations and imposing penalties, and allows for civil suits to be brought against violators with potential fines of up to $5,000 per violation. Additionally, the bill makes technical corrections to ensure that state laws related to animal fighting are not superseded or invalidated, and adds a section to the United States Code to make it clear that the transportation of roosters for the purpose of animal fighting is also prohibited.
Possible Impacts
1. People who participate in or attend animal fighting ventures, specifically those involving roosters, could face fines of up to $5,000 for each violation of the Animal Welfare Act. This could significantly impact their finances and potentially discourage them from participating in these activities.
2. Roosters older than 6 months may be subject to seizure if they are used in animal fighting ventures. This could affect people who breed and sell roosters for these purposes, potentially leading to financial loss and legal consequences.
3. Individuals who are found to be in violation of the Animal Welfare Act may face both criminal and civil action, including potential jail time and the requirement to pay for any costs of litigation. This could have a significant impact on their personal lives and reputation.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1529 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1529
To amend the Animal Welfare Act to provide for greater protection of
roosters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to provide for greater protection of
roosters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Inhumane Gambling and High-
risk Trafficking Act of 2023'' or the ``FIGHT Act of 2023''.
SEC. 2. ANIMAL FIGHTING.
(a) Definition of Rooster.--Section 2 of the Animal Welfare Act (7
U.S.C. 2132) is amended by adding at the end the following:
``(p) The term `rooster' means any male member of Gallus Domesticus
species that is older than 6 months.''.
(b) Animal Fighting Venture Simulcasting Prohibited.--Section 26 of
the Animal Welfare Act (7 U.S.C. 2156) is amended--
(1) by striking the section designation and header and all
that follows through ``It shall be unlawful'' in subsection
(a)(2) and inserting the following:
``SEC. 26. SPONSORING OR EXHIBITING AN ANIMAL IN, ATTENDING, CAUSING A
MINOR TO ATTEND, OR SIMULCASTING AN ANIMAL FIGHTING
VENTURE.
``(a) Sponsoring or Exhibiting.--
``(1) In general.--It shall be unlawful for any person to
knowingly sponsor or exhibit an animal in an animal fighting
venture.
``(2) Attending or causing an individual who has not
attained the age of 16 to attend.--It shall be unlawful''; and
(2) in subsection (a), by adding at the end the following:
``(3) Animal venture simulcasting.--It shall be unlawful
for any person to transmit or receive in any State simulcasting
of an animal fighting venture.''.
(c) Use of Postal Service or Other Interstate Instrumentality To
Transport Roosters.--Section 26(c) of the Animal Welfare Act (7 U.S.C.
2156(c)) is amended--
(1) in the subsection heading, by inserting ``or To
Transport Roosters'' after ``Venture'';
(2) by striking ``speech for purposes of advertising'' and
inserting the following: ``speech--
``(1) for purposes of advertising'';
(3) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; or''; and
(4) by adding at the end the following:
``(2) to transport a rooster.''.
(d) Civil Citizen Suits; Seizure.--Section 26(e) of the Animal
Welfare Act (7 U.S.C. 2156(e)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``The Secretary or any other person
authorized by him'' in the first sentence and inserting the
following:
``(e) Investigations; Civil Citizen Suits.--
``(1) Investigation of violations by secretary; assistance
by other federal agencies; issuance of search warrant;
forfeiture; cost recoverable in forfeiture or civil action.--
The Secretary, or any other person authorized by the
Secretary,''; and
(2) by adding at the end the following:
``(2) Civil citizen suits.--
``(A) In general.--Any person may commence a civil
suit in a district court of the United States on their
own behalf to enjoin any person who is alleged to be in
violation of any provision of this section.
``(B) Amount of fine.--For any person found to have
violated a provision of this section in any suit
brought under subparagraph (A), the district court may
issue a fine in an amount not greater than $5,000 for
each violation.
``(C) Requirement.--A person seeking to commence a
civil suit under subparagraph (A) shall, at least 60
days before commencing the suit, submit to the
Secretary and to the alleged violator written notice of
the alleged violation of a provision of this section.
``(D) Limitation.--No action may be commenced under
subparagraph (A)--
``(i) if the Secretary has commenced an
action against the same person to impose a
penalty pursuant to paragraph (1) for the same
alleged violation; or
``(ii) if the United States has commenced,
and is diligently prosecuting, a criminal
action against the same person in a State or
Federal court to redress the same alleged
violation.
``(E) Jurisdiction.--A suit under this paragraph
may be brought in the judicial district in which the
alleged violation occurred.
``(F) Intervention.--The Attorney General, at the
request of the Secretary, may intervene on behalf of
the United States as a matter of right in any civil
suit brought under subparagraph (A).
``(G) Attorney's fees.--The court, in issuing any
final order in any suit brought under subparagraph (A),
may award costs of litigation (including reasonable
attorney and expert witness fees) to any party,
whenever the court determines such an award is
appropriate.
``(3) Seizure.--Whoever is found, pursuant to an
investigation under paragraph (1), to have violated subsection
(a)(1) shall, in addition to the penalties applicable under
paragraph (1), be subject to seizure of all real property,
including any right, title, and interest (including any
leasehold interest) in the whole of any lot or tract of land
and any appurtenances or improvements, that is used, or
intended to be used, in any manner or part, to commit, or to
facilitate the commission of, a violation of subsection
(a)(1).''.
(e) Technical Corrections.--
(1) Section 26(h) of the Animal Welfare Act (7 U.S.C.
2156(h)) is amended to read as follows:
``(h) Conflict With State Law.--The provisions of this Act shall
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 Act or any rule, regulation, or
standard hereunder.''.
(2) Section 3001(a) of title 39, United States Code, is
amended by inserting ``(7 U.S.C. 2156),'' before ``is
nonmailable''.
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