SENATE AMENDED

 

PRIOR PRINTER'S NOS. 4028, 4029, 4143, 4221

PRINTER'S NO.  4235

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2630

Session of

2012

  

  

INTRODUCED BY MAHER, PETRARCA AND FRANKEL, SEPTEMBER 21, 2012

  

  

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 16, 2012   

  

  

  

AN ACT

  

1

Regulating animal euthanasia; imposing penalties; and making a

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2

related repeal.

3

Amending the act of December 22, 1983 (P.L.303, No.83), entitled

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4

"An act relating to destruction of pet animals; prohibiting

5

certain methods of destruction; providing for a limited

6

license to dispense certain drugs; providing for regulation

7

and enforcement; providing for use of certain surplus funds;

8

and providing penalties," adding definitions; further

9

providing for prohibited means of destroying animals, for

10

methods of destruction of animals, for administration of

11

drugs, for exclusions, for use of carbon monoxide systems and

12

for use of drugs by humane societies and animal shelters;

13

providing for disclosure; further providing for existing

14

devices, for surplus funds and for penalties; and making

15

editorial changes.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

Section 1.  Short title.

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19

This act shall be known and may be cited as the Animal

20

Euthanasia Method Act.

21

Section 2.  Definitions.

22

The following words and phrases when used in this act shall

23

have the meanings given to them in this section unless the

24

context clearly indicates otherwise:

 


1

"Certified veterinary technician."  As defined in section

2

3(13) of the act of December 27, 1974 (P.L.995, No.326), known

3

as the Veterinary Medicine Practice Act.

4

"Licensed doctor of veterinary medicine" or "veterinarian."

5

A person who is currently licensed pursuant to the act of

6

December 27, 1974 (P.L.995, No.326), known as the Veterinary

7

Medicine Practice Act.

8

"Normal agricultural operation."  As defined in 18 Pa.C.S. §

9

5511 (relating to cruelty to animals).

10

"Society or association."  As defined in 22 Pa.C.S. § 3702

11

(relating to definitions).

12

Section 3.  Prohibited means of destruction of animals.

13

No animal shall be destroyed by means of any of the

14

following:

15

(1)  A high altitude decompression chamber or

16

decompression device.

17

(2)  Carbon monoxide gas.

18

(3)  Drowning.

19

(4)  Chloroform, ether, halothane or fluothane for

20

animals under seven weeks of age when administered in an

21

airtight chamber or transparent plastic bag.

22

Section 4.  Required method of destruction.

23

(a)  Required method.--The required method of animal

24

destruction shall be by the use of a drug:

25

(1)  approved by the Food and Drug Administration for

26

animal euthanasia;

27

(2)  used as directed under the veterinary prescription

28

legend to result in a humane and painless death; and

29

(3)  administered by a veterinarian, certified veterinary

30

technician or other individual under the supervision of a

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1

veterinarian.

2

(b)  Veterinarian.--Except as prohibited under section 3, a

3

licensed doctor of veterinary medicine in clinical practice may

4

directly administer any method of euthanasia that is consistent

5

with both the standard of care as defined by the State Board of

6

Veterinary Medicine and the most current version of the American

7

Veterinary Medical Association's Guidelines on Euthanasia.

8

(c)  Tranquilization.--An animal may be tranquilized with a

9

substance approved by the Food and Drug Administration before

10

euthanasia commences.

11

Section 5.  Exclusions.

12

(a)  Normal agricultural operation activity.--This act shall

13

not apply to activity undertaken in normal agricultural

14

operation.

15

(b)  Schools and other entities.--This act shall not apply to

16

any of the following:

17

(1)  A medical school.

18

(2)  A school of veterinary medicine.

19

(3)  A research institution affiliated with a hospital or

20

university.

21

(4)  A research facility that is one of the following:

22

(i)  Registered and inspected under the Animal

23

Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.).

24

(ii)  Subject to the public health service policy on

25

the humane care and use of laboratory animals under the

26

Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201

27

et seq.).

28

(iii)  Subject to the provisions of 21 CFR Pt. 58

29

(relating to good laboratory practice for nonclinical

30

laboratory studies) or its successor regulation under the

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1

Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21

2

U.S.C. § 301 et seq.) or the Public Health Service Act.

3

(c)  Method.--Nothing in this act shall prevent a person from

4

destroying a pet animal by means of firearms. This subsection

5

shall not apply to dogs in commercial kennels, as that term is

6

defined in the act of December 7, 1982 (P.L.784, No.225), known

7

as the Dog Law.

8

(d)  Feral animals.--This act shall not apply to feral

9

animals or animals deemed dangerous. Under no circumstance shall

10

this exclusion apply to any cat or dog.

11

Section 6.  Penalties.

12

(a)  Destruction of animals.--A person or society or

13

association that violates section 3 shall be subject to a fine

14

not to exceed $500 per violation day. A person or organization

15

that commits a second or subsequent violation of section 3 shall

16

be subject to a fine not to exceed $1,000 per violation day.

17

(b)  Other provisions.--Except as set forth in subsection

18

(a):

19

(1)  A person or society or association that violates

20

this act shall be subject to a fine not to exceed $350 per

21

violation day.

22

(2)  A person or society or association that commits a

23

second or subsequent violation of this act shall be subject

24

to a fine not to exceed $700 per violation day.

25

(c)  Disposition of fines.--Fines collected under this

26

section shall be deposited into the Dog Law Restricted Account.

27

Section 7.  Use of drugs.

28

A society or association may apply to the State Board of

29

Pharmacy for registration pursuant to the applicable law for the

30

sole purpose of being authorized to purchase, possess and

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1

administer drugs in accordance with section 4 to destroy

2

injured, sick, homeless or unwanted pet animals. A limited

3

license may be issued by the board to eligible applicants. A

4

society or association so registered shall administer drugs in

5

accordance with section 4.

6

Section 8.  Use of methods of destruction on humans.

7

Nothing in this act shall be construed to permit the

8

performance of any methods of destruction provided for under

9

this act on any human.

10

Section 9.  Repeal.

11

(a)  Declaration.--The General Assembly finds and declares

12

that the repeal under subsection (b) is necessary to effectuate

13

this act.

14

(b)  Action.--The act of December 22, 1983 (P.L.303, No.83),

15

referred to as the Animal Destruction Method Authorization Law,

16

is repealed.

17

Section 10.  Effective date.

18

This act shall take effect in 90 days.

19

Section 1.  The act of December 22, 1983 (P.L.303, No.83), 

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20

referred to as the Animal Destruction Method Authorization Law,

21

is amended by adding a chapter to read:

22

CHAPTER 1

23

PRELIMINARY PROVISIONS

24

Section 101.  Short title.

25

This act shall be known and may be cited as the Animal

26

Destruction Method Authorization Law.

27

Section 102.  Definitions.

28

The following words and phrases when used in this act shall

29

have the meanings given to them in this section unless the

30

context clearly indicates otherwise:

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1

"Animal protection organization."  Any of the following:

2

(1)  A nonprofit society or association incorporated

3

under 15 Pa.C.S. Ch. 53 Subch. A (relating to incorporation

4

generally) for the purpose of the prevention of cruelty to

5

animals.

6

(2)  A municipality which operates an animal shelter.

7

"Board."  The State Board of Veterinary Medicine.

8

"Department."  The Department of Agriculture of the

9

Commonwealth.

10

"Small domestic animals."  As follows:

11

(1)  Any of the following whose general intended purpose

12

is to be kept and cared for as household pets:

13

(i)  Rabbits.

14

(ii)  Mice.

15

(iii)  Rats.

16

(iv)  Hamsters.

17

(v)  Guinea pigs.

18

(vi)  Ferrets.

19

(vii)  Birds.

20

(viii)  Reptiles.

21

(ix)  Amphibians.

22

(2)  All cats and dogs.

23

Section 2.  The act is amended by adding a chapter heading to

24

read:

25

CHAPTER 3

26

METHODOLOGY

27

Section 3.  Sections 1 and 2 of the act are renumbered and

28

amended to read:

29

Section [1] 301.  Prohibited means of destruction of animals.

30

No animal shall be destroyed by means of [a] the following:

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1

(1)  A high altitude decompression chamber or

2

decompression device.

3

(2)  Unacceptable agents and methods published in the

4

most current version of the American Veterinary Medical

5

Association's Guidelines on Euthanasia.

6

(3)  Drowning.

7

(4)  Chloroform, ether, halothane or fluothane.

8

(5)  Carbon monoxide gas from any source.

9

Section [2] 302.  Methods of destruction of animals and

10

exclusive method for small domestic animals.

11

(a)  Required method.--The required method of destruction

12

shall be [by the administration of an overdose of a barbiturate,

13

barbiturate combinations, drug or drug combinations approved for

14

this purpose by the Federal Drug Administration and in

15

accordance with guidelines established by the Pennsylvania

16

Department of Agriculture] the use of a method that is approved

17

for that purpose by the most current version of the American

18

Veterinary Medical Association's Guidelines on Euthanasia with

19

the exception of those agents and methods prohibited by section

20

301.

21

(b)  Authorized method.--Nothing in this act shall prevent a

22

person or [humane society] animal protection organization from

23

destroying [a pet] an animal by means of firearms.

24

(c)  Small domestic animals.--

25

(1)  Except as set forth in paragraph (2), the use of

26

commercially available injectable euthanasia solution

27

approved by the Food and Drug Administration for that purpose

28

shall be the exclusive method for euthanasia of small

29

domestic animals.

30

(2)  If euthanasia solution becomes unavailable, the

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1

board may issue a waiver of the requirements of this section

2

which would permit the use of any method of euthanasia that

3

is consistent with both the standard of care as defined by

4

the board and the most current version of the American

5

Veterinary Medical Association's Guidelines on Euthanasia.

6

(d)  Exception for dangerous small domestic animals.--In

7

cases where a small domestic animal under the care and control

8

of any person or animal protection organization poses an

9

imminent threat to human or animal life, an alternative method

10

of euthanasia may be used if it is in accordance with section

11

301 of this act.

12

(e)  Tranquilization.--An animal may be tranquilized with a

13

substance approved by the Food and Drug Administration before

14

euthanasia commences.

15

Section 3.1.  Section 3 of the act is repealed:

16

[Section 3.  Administration of drugs.

17

The barbiturates, barbiturate combinations or other Federal

18

Drug Administration approved drugs or drug combinations shall be

19

administered by intravenous, intraperitoneal or intracardiac

20

injections or orally by a licensed veterinarian or as set forth

21

in section 6.]

22

Section 3.2.  Section 4 of the act is renumbered and amended

23

to read:

24

Section [4] 303.  Exclusions.

25

[Sections 2 and 3 of this act] (a)  Agricultural

26

operations.--

27

(1)  This act shall not apply and nothing in this act

28

shall prevent the destruction of an animal by a means not

29

otherwise prohibited by law performed in the course of normal

30

agricultural operation.

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1

(2)  As used in this section, the term "normal

2

agricultural operation" has the meaning given in section 2 of

3

the act of June 10, 1982 (P.L.454, No.133), referred to as

4

the Right-to-Farm Law, without regard to area utilized or

5

anticipated yearly income to result from the agricultural

6

operation.

7

(b)  Specific entities.--The following exclusions apply:

8

(1)  Section 302 shall not apply to:

9

(i)  Except as prohibited in section 301, a person 

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10

veterinarian or a certified veterinary technician under

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11

the indirect supervision of a veterinarian licensed under

12

the act of December 27, 1974 (P.L.995, No.326), known as

13

the Veterinary Medicine Practice Act;

14

(ii)  a medical school [or];

15

(iii)  a school of veterinary medicine [or];

16

(iv)  a research institution affiliated with a

17

hospital or university[.]; or

18

(v)  a research facility that is one of the

19

following:

20

(A)  Registered and inspected under the Animal

21

Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et

22

seq.).

23

(B)  Subject to the Public Health Service Policy

24

on the Humane Care and Use of Laboratory Animals

25

under the Public Health Service Act (58 Stat. 682, 42

26

U.S.C. § 201 et seq.).

27

(C)  Subject to the provisions of 21 CFR Pt. 58

28

(relating to good laboratory practice for nonclinical

29

laboratory studies) under the Federal Food, Drug and

30

Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.)

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1

or the Public Health Service Act.

2

(2)  (Reserved).

3

Section 4.  Section 5 of the act is repealed:

4

[Section 5.  Use of carbon monoxide systems.

5

(1)  Carbon monoxide gas may be used to destroy animals

6

seven weeks of age or older.

7

(2)  Chloroform, ether, halothane or fluothane may be

8

used to destroy animals under seven weeks of age when

9

administered in an airtight chamber or transparent plastic

10

bag providing for segregation of animals by size and age

11

which is capable of permitting unobstructed visual

12

observation and which does not permit direct contact with any

13

device containing chloroform.

14

(3)  Carbon monoxide gas systems shall consist of and be

15

equipped with:

16

(i)  A tightly enclosed cabinet for the purpose of

17

containing the animals during the destruction process.

18

(ii)  Internal lighting and a window for direct

19

visual observation in the cabinet at all times.

20

(iii)  A gas generation capable of achieving a

21

concentration of carbon monoxide gas of at least 5%

22

throughout the cabinet.

23

(iv)  A gauge or gas concentration indicator or

24

recording device.

25

(v)  A means of separating animals from each other

26

within the cabinet, if the cabinet is of sufficient size

27

to facilitate more than one animal.

28

(vi)  A means of fully removing the carbon monoxide

29

gas from the cabinet upon completion of the destruction

30

process.

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1

(vii)  If an internal combustion engine is used, a

2

means of cooling the gas to a temperature not to exceed

3

115 degrees Fahrenheit at the point of entry into the

4

cabinet and not to exceed 90 degrees Fahrenheit at any

5

point in the cabinet as determined by temperature gauges

6

permanently installed at point of entry and inside the

7

cabinet.

8

(viii)  If the gas is generated by an internal

9

combustion engine, a means of removing or filtering out

10

all noxious fumes, irritating acids and carbon particles

11

from the gas before it enters the cabinet.

12

(ix)  If an internal combustion engine is used, a

13

means of substantially deadening the sound and vibration

14

transmission from the engine to the cabinet, by placing

15

them in separate rooms or soundproof compartments

16

connecting them with flexible tubing or pipe at least 24

17

inches in length, so that the noise level within the

18

cabinet shall not exceed 70 decibels.

19

(x)  If an internal combustion engine is used, a

20

means for exhausting the internal combustion engine gas

21

during the period of engine warmup.

22

(4)  Upon completion of the destruction process, animals

23

shall not be removed from the cabinet until the carbon

24

monoxide gas has been fully removed from the cabinet.]

25

Section 5.  Section 6 of the act is renumbered and amended to

26

read:

27

Section [6] 304.  [Humane societies' and animal shelters']

28

Annual Animal protection organization use of drugs.

<--

29

(a)  [Limited license.--On and after the effective date of

30

this act, a humane society organization or an animal control

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1

organization may apply to the Pennsylvania State Board of

2

Pharmacy for registration pursuant to the applicable law for the

3

sole purpose of being authorized to purchase, possess and

4

administer sodium pentobarbital to destroy injured, sick,

5

homeless or unwanted domestic pet animals. A limited license may

6

be issued by the board to eligible applicants. Any agency so

7

registered shall not permit a person to administer sodium

8

pentobarbital unless such person has demonstrated adequate

9

knowledge of the potential hazards and proper techniques to be

10

used in administering this drug.] License.--The following apply

11

to animal protection organizations:

12

(1)  An animal protection organization may apply to the

13

board for the sole purpose of being authorized to purchase,

14

possess and administer drugs approved for euthanasia under

15

section 302 in accordance with regulations promulgated under

16

this act and the act of December 27, 1974 (P.L.995, No.326),

17

known as the Veterinary Medicine Practice Act.

18

(2)  An animal protection organization authorized under

19

paragraph (1) may not permit a person to administer drugs

20

approved for euthanasia unless that person holds a current

21

euthanasia technician license under subsection (c) 

<--

22

subsections (b) and (c) or is a person licensed as a

<--

23

veterinarian under the act of December 27, 1974 (P.L.995,

24

No.326), known as the Veterinary Medicine Practice Act.

25

(3)  Notwithstanding any other provision of this act, if

26

the department suspends or revokes a kennel license of an

27

animal protection organization under the act of December 7,

28

1982 (P.L.784, No.225), known as the Dog Law, the

29

authorization to purchase, possess and administer drugs

30

approved for euthanasia under subsection (c) shall be

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1

immediately revoked. at that kennel and the department shall

<--

2

report the suspension or revocation to the board. The

3

department shall report all suspected violations of this act

4

to the board.

5

(b)  Regulation and enforcement.--The following regulation

6

and enforcement provisions shall apply:

7

(1)  The [Pennsylvania Department of Agriculture] board 

8

shall regulate and enforce the provisions of this [section.] 

9

act, including the authority to inspect an animal protection

<--

10

organization and revoke a license or authorization issued

11

under this act.

12

(2)  To implement this subsection, the board shall:

13

(i)  issue a statement of policy within 120 days of

14

the effective date of this paragraph; and

15

(ii)  promulgate regulations within one year 18

<--

16

months of the effective date of this paragraph.

17

(c)  Euthanasia technicians.--The following shall apply:

18

(1)  The board may issue a euthanasia technician license

19

to an applicant who satisfies all of the following:

20

(i)  Meets the eligibility criteria established by

21

the board, which shall include knowledge of the

22

Commonwealth's statutes and regulations relating to

23

euthanasia.

24

(ii)  Demonstrates adequate knowledge of the

25

potential hazards and proper techniques to be used in

26

administration of euthanasia drugs by satisfying all

27

requirements of the board and at least one of the

28

following:

29

(A)  Successfully completes a euthanasia

30

technician certification course, including at least

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1

14 hours of instruction, which is approved by the

2

board and administered by:

3

(I)  the National Animal Control Association;

4

(II)  the American Humane Association;

5

(III)  the Humane Society of the United

6

States;

7

(IV)  the Pennsylvania Veterinary Medical

8

Association;

9

(V)  the University of Pennsylvania School of

10

Veterinary Medicine;

11

(VI)  the Federated Humane Societies of

12

Pennsylvania; or

13

(VII)  any other courses approved by the

14

board.

15

(B)  Is a euthanasia technician registered or

16

licensed under the laws of another state or territory

17

of the United States which has requirements

18

substantially similar to the requirements of this

19

section and presents satisfactory proof to the board

20

of being engaged in the practice of euthanasia for a

21

period of at least one year out of the past five

22

years.

23

(C)  Meets other requirements established by the

24

board.

25

(2)  The board shall regulate, discipline and enforce the

26

provisions of this subsection by:

27

(i)  issuing a statement of policy within 120 days of

28

the effective date of this subsection; and

29

(ii)  promulgating regulations within one year 18

<--

30

months of the effective date of this subsection.

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1

(d)  Cooperation.--For the purpose of enforcement of this

2

act, the board may enter into a memorandum of understanding with

3

the department and designate the department to act as its

4

authorized agent for the limited purposes of inspecting and

5

monitoring animal protection organizations, and persons who

6

euthanize animals on behalf of animal protection organizations,

7

for compliance with the applicable requirements and any

8

implementing regulations.

9

Section 5.1.  The act is amended by adding a section to read:

10

Section 305.  Disclosure.

11

Upon request, any veterinarian or animal protection

12

organization utilizing an euthanasia method for the destruction

13

of small domestic animals must disclose all methods that are

14

utilized by the person.

15

Section 6.  The act is amended by adding a chapter heading to

16

read:

17

CHAPTER 5

18

ADMINISTRATION AND ENFORCEMENT

19

Section 7.  Section 7 of the act is renumbered and amended to

20

read:

21

Section [7] 501.  Existing devices.

22

Any [humane society organization or any other similar]

23

person, animal protection organization or other organization

24

which, on the effective date of this act, has in its possession

25

a chamber or device, the use of which is prohibited by this act,

26

shall, within 30 days of the effective date of this act,

27

dismantle and render inoperative the chamber or device.

28

Section 8.  Section 8 of the act is repealed:

29

[Section 8.  Surplus funds.

30

Whenever the Secretary of Agriculture declares that there is

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1

a surplus of money in the Dog Law Restricted Account, he may

2

provide payment to those persons who qualify under rules and

3

regulations of the department for reimbursement of losses

4

sustained as a result of compliance with the provisions of this

5

act.]

6

Section 9.  Section 9 of the act is renumbered and amended to

7

read:

8

Section [9] 502.  Penalty.

9

(a)  Additional penalties.--Any penalty imposed by the board

10

under this section shall be in addition to the civil and

11

criminal penalties provided for under the act of December 27,

12

1974 (P.L.995, No.326), known as the Veterinary Medicine

13

Practice Act.

14

(b)  Destruction of small domestic animals.--Any person or

15

animal protection organization [found guilty of violating the

16

provisions of this act] not authorized or licensed under this

17

act that is found in violation of section 301 or 302(c) this act 

<--

18

by the board or the State Board of Pharmacy shall be fined not

<--

19

to exceed [$250] $500 per violation day. The board or the State

<--

20

Board of Pharmacy may impose an additional penalty of $1,000 per

21

violation for a second or subsequent violation of section 301 or

<--

22

302(c) this act.

<--

23

(c)  Additional civil penalty imposed by the board.--

24

(1)  In addition to any other civil penalty provided for

25

under this act, the board may impose a civil penalty of up to

26

$10,000 on any current licensee or certificate holder who

27

violates any provision of this act or any person who

28

practices as a euthanasia technician without being properly

29

licensed under this act.

30

(2)  The penalty under paragraph (1) may be imposed by

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1

the board after affording the accused party the opportunity

2

for a hearing, as provided under 2 Pa.C.S. (relating to

3

administrative law and procedure).

4

(d)  Disposition of fines.--All fines and civil penalties

5

imposed in accordance with this act shall be paid into the

6

Professional Licensure Augmentation Account.

7

Section 10.  The act is amended by adding a chapter heading

8

to read:

9

CHAPTER 11

10

MISCELLANEOUS PROVISIONS

11

Section 11.  Sections 10 and 11 of the act are renumbered to

12

read:

13

Section [10] 1101.  Use of methods of destruction on humans.

14

Nothing in this act shall be construed to permit the

15

performance of any methods of destruction provided for herein on

16

any human person.

17

Section [11] 1102.  Effective date.

18

This act shall take effect in six months.

19

Section 12.  This act shall take effect as follows:

20

(1)  The renumbering and amendment of section 1 of the

21

act shall take effect in 90 days.

22

(2)  This section shall take effect immediately.

23

(3)  The remainder of this act shall take effect in 180

24

days.

- 17 -

 


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