Overview
Title
To amend the Animal Welfare Act to strengthen enforcement with respect to violations of that Act, and for other purposes.
ELI5 AI
Goldie’s Act of 2024 is about making sure people who hurt animals get in trouble and improving how the government checks on these animals to keep them safe. It also wants to make everybody know who breaks the rules by putting the information online, kind of like a report card for people who are mean to animals.
Summary AI
S. 4033, also known as “Goldie’s Act of 2024,” seeks to amend the Animal Welfare Act with a focus on stricter enforcement against violations. It introduces clearer definitions of violations and enhances cooperation with state law enforcement by requiring timely notifications and provision of images when violations causing animal harm are discovered. The bill mandates regular inspections and outlines procedures for confiscating or destroying animals suffering due to non-compliance with the Act. It also establishes requirements for a searchable database to increase transparency regarding violations and sets out penalties for non-compliance, including specific calculation methods and guidelines to deter future violations.
Published
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as Goldie’s Act of 2024, aims to amend the Animal Welfare Act to improve the enforcement of animal welfare standards and address any violations of the Act more effectively. It seeks to redefine important terms, enhance coordination between federal and state entities, and impose stricter penalties for non-compliance. This includes mandating detailed inspections and investigations, establishing a public database for transparency, and executing technical corrections for clarity and consistency.
Summary of Significant Issues
A primary issue is the increased complexity in enforcement, particularly concerning inspections and investigations. While the bill aims to provide detailed frameworks, the multilayered legal language might make it difficult for stakeholders to comprehend their rights and duties effectively. Moreover, the amendments concerning civil penalties fail to explicitly define how these penalties will be enforced and collected, potentially leading to uneven application.
Another concern revolves around privacy. While the bill suggests the creation of a public database to improve accountability, it remains vague on what measures will be taken to protect the sensitive information that will be disclosed.
Additionally, some technical terms like "duly authorized representative" and "intermediate handler" are employed throughout the bill. These terms could be simplified for enhanced public comprehension. The rule of construction section also raises questions about its necessity and may create confusion as it does not clearly explain how it interacts with existing definitions in the Animal Welfare Act.
Broad Public Impact
For the general public, this bill could lead to improved welfare standards for animals and ensure that violations are more effectively penalized. This could enhance trust in the systems designed to protect animals, leading to a more informed and engaged citizenry concerned about animal welfare. The increase in transparency due to the searchable database can help the public stay informed about animal welfare violations and the steps taken to address them.
However, the complex language and procedural intricacies may limit public understanding and engagement with the bill, making it crucial for subsequent educational efforts that simplify its core tenets for the general population.
Impact on Specific Stakeholders
Animal Welfare Advocates: This group might see the bill as a positive step towards ensuring stricter enforcement of animal welfare laws. The provisions for more inspections and transparent reporting will likely be welcomed, as they can be leveraged to hold violators accountable more readily.
Businesses and Research Facilities: Entities involved with animals, such as dealers, exhibitors, and research facilities, may face increased scrutiny and potential operational burdens due to the more stringent inspections and compliance requirements. The need for more rigorous documentation and compliance might demand increased administrative resources.
State and Local Law Enforcement: These bodies could play a larger role, as improved cooperation with federal regulators is a key element of the bill. This might mean increased responsibilities and a need for additional training to handle the amplified roles effectively.
Legal Professionals and Regulatory Agencies: Given the detailed and complex amendments, legal professionals might see an uptick in requests for advice and representation, particularly from stakeholders grappling with the new legal environments. Regulatory agencies will need to interpret and possibly refine processes to ensure coherent implementation, adding to their administrative load.
In conclusion, while Goldie’s Act of 2024 has the potential to significantly fortify animal welfare protections, its success will heavily depend on the effective communication of its provisions, robust compliance mechanisms, and adequate resource allocation for all involved parties.
Financial Assessment
In reviewing the financial references in S. 4033, also known as “Goldie’s Act of 2024,” it becomes clear that the bill primarily focuses on regulatory adjustments rather than direct financial allocations or spending. However, there are still important financial implications embedded in the bill that merit discussion.
Financial Penalties
The most explicit financial reference in the bill pertains to Section 19(b) of the Animal Welfare Act, where it introduces amendments regarding civil penalties. Specifically, the bill sets a standard civil penalty of $1,500 for violations. This financial penalty serves a dual purpose: it acts as a deterrent against non-compliance and provides a mechanism for the state to enforce the provisions of the Animal Welfare Act.
Despite the clarity of the penalty amount, the bill raises concerns about the enforcement and collection of these penalties. The identified issue suggests a potential for inconsistent application within the regulatory framework, stemming from vague guidelines on enforcing and collecting these fines. This lack of clarity could lead to challenges in ensuring that penalties are effectively imposed and collected, which may undermine the act’s ability to deter future violations.
Calculation Methods and Transparency
The bill outlines precise methods for calculating penalties to promote consistency. The penalties are determined on a "per animal and per violation" basis, which aligns with the act's goal of discouraging future violations. However, this approach may increase the financial burden on violators, particularly those involved in repeated offenses or with a high number of animals affected.
Furthermore, the bill mandates enhancements to the searchable database requirements under a separate section, which indirectly involves financial considerations. The aim to increase transparency is commendable, but the issues highlight that the bill does not adequately address privacy and security measures. Failure to incorporate robust safeguards could lead to unintended costs associated with potential data breaches or misuse of sensitive information.
Conclusion
In summary, while "Goldie’s Act of 2024" does not allocate public funds for new spending or appropriations, it does introduce important financial elements in the form of penalties. These penalties are structured to support enforcement and compliance efforts. However, the potential for inconsistent application of penalties and database security concerns highlight areas where financial clarity and operational safeguards could be improved. Such enhancements would support the bill's overarching aim of strengthening compliance with the Animal Welfare Act.
Issues
The amendments to Section 16(a) increase complexity around inspections and investigations, making it potentially challenging for stakeholders to understand their rights and obligations. There is a need for simplification and clarification of the legal language used.
Section 19(b) reforms civil penalties but lacks clarity on enforcement and collection, potentially leaving room for inconsistent application and challenges within the regulatory framework.
The requirement for a searchable database under Section 788 does not clearly address privacy and security measures, raising concerns about the protection of sensitive information relating to animal welfare violations.
The rule of construction in Section 3 mentions the definition of 'animal' but does not clarify its interaction with new provisions, which may create ambiguity in interpretation and application of the law.
The bill, particularly in Sections 2 and 19, uses dense legalistic language, including terms like 'duly authorized representative' and 'intermediate handler,' which could be simplified for better public understanding.
The technical corrections throughout the bill may be challenging for those not familiar with legislative language, potentially obscuring understanding of their significance and the intention behind these adjustments.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
Goldie’s Act of 2024 is the official name of this legislation.
2. Strengthening enforcement of violations of Animal Welfare Act Read Opens in new tab
Summary AI
The section strengthens enforcement of the Animal Welfare Act by redefining key terms, requiring the Secretary of Agriculture to work with state and local law enforcement on suspected animal welfare violations, and ensuring detailed inspections and investigations. It also mandates that reports and images be added to a public database within specific timelines, imposes stricter penalties for violations, and makes various technical corrections to improve clarity and consistency in the Act.
Money References
- (e) Revocation of license, civil penalties, appeal, fines, and imprisonment.—Section 19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) is amended— (1) in the seventh sentence— (A) by striking “a civil penalty” and all that follows through the period at the end and inserting “a civil penalty of $1,500.”; and (B) by striking “Any person” and inserting the following: “(6) FAILURE TO OBEY CEASE AND DESIST.—Any person”; (2) in the sixth sentence, by striking “Upon any failure” and inserting the following: “(5) FAILURE TO PAY PENALTY.—On any failure”; (3) by striking the fifth sentence; (4) in the fourth sentence, by striking “The Secretary shall give” and inserting the following: “(4) PENALTY AMOUNT.
3. Rule of construction Read Opens in new tab
Summary AI
The section states that nothing in the new law or its changes will alter the definition of "animal" as it is already laid out in the Animal Welfare Act.