PARRIS N. GLENDENING, Governor

Ch. 339

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 punishable by a fine not
exceeding $1,000 or by imprisonment not to exceed 90 days, or both.

(b)     Any person who (1) intentionally mutilates, TORTURES, INTENTIONALLY
STARVES, CRUELLY BEATS, OR CRUELLY KILLS an animal, or causes, procures, or
authorizes THE CRUEL KILLING OR intentional mutilation of an animal; or (2) uses or
permits a dog to be used in or arranges or conducts a dogfight, is guilty of a misdemeanor
punishable by a fine not exceeding $5,000 or by imprisonment not to exceed 3 years, or
both.

(c)     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, whether
they be privately owned, strays, domesticated, feral, farm, corporately or institutionally
owned, under private, local, State, or federally funded scientific or medical activities, or
otherwise being situated in Maryland 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
October 1, 1995.

Approved May 9, 1995.

CHAPTER 339
(House Bill 1322)

AN ACT concerning

Insurance - Risk Based Capital Standards

FOR the purpose of adopting risk based capital standards to be applied to domestic
insurers in this State; exempting the Maryland Automobile Insurance Fund from
the provisions of this Act; providing for the determination of risk based capital for
insurers; requiring insurers to maintain a level of capital at or above a specific level
under certain circumstances; providing for certain risk based capital reports and
plans to be filed by insurers under certain circumstances; providing for four levels of
company and regulatory action; requiring that insurers or the Insurance
Commissioner take certain actions once certain capitalization levels are reached;
providing for certain rights to a hearing; providing for confidentiality of certain
information and, plans, records, and hearings; providing that this Act is
supplemental to other provisions of the Insurance Code; providing for certain
standards for foreign insurers; imposing certain conditions on the use of risk based
capital information; providing for limited liability on the part of certain persons

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