3966

VETOES

Any person who (1) overdrives, overloads, deprives of
necessary sustenance, tortures, torments, cruelly beats,
mutilates or cruelly kills; or (2) causes, procures or
authorizes these acts; or (3) having the charge or custody of an
animal, either as owner or otherwise, inflicts unnecessary
suffering or pain upon the animal, or unnecessarily fails to
provide the animal with nutritious food in sufficient quantity,
necessary veterinary care, proper drink, air, space, shelter or
protection from the weather; OR (4) USES OR PERMITS A DOG TO BE
USED IN, ARRANGES OR CONDUCTS A DOGFIGHT; OR (5) [,or] uses or
permits to be used any bird, fowl, or cock for the purpose of
fighting with any other animal which is commonly known as
cockfighting, is guilty of a misdemeanor and shall be punishable
by a fine not exceeding $1,000 or by imprisonment not to exceed
90 days, or both. Customary and normal veterinary and
agricultural husbandry practices including but not limited to
dehorning, castration, docking tails, and limit feeding, are not
covered by the provisions of this section. In the case of
activities in which physical pain may unavoidably be caused to
animals, such as food processing, pest elimination, animal
training, and hunting, cruelty shall mean a failure to employ the
most humane method reasonably available. It is the intention of
the General Assembly that all animals shall be protected from
intentional cruelty, but that no person shall be liable for
criminal prosecution for normal human activities to which the
infliction of pain to an animal is purely incidental and
unavoidable.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

May 29, 1984
The Honorable Melvin A. Steinberg
President of the Senate
State House
Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 837.

This bill would abolish the State Prosecutor Selection and
Disabilities Commission. The effect of this legislation would be
to leave appointment of the State Prosecutor solely to the
discretion of the Governor with the advice and consent of the
Senate. It also would permit the Governor to remove the State
Prosecutor without the recommendation of the Commission, as is