Bill Description: Senate Bill 1241 would create a state preemption statute to protect the use of working animals from local regulation.
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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
Senate Bill 1241 would create Section 25-3514B, Idaho Code, titled “Protection of Working Animals” to recognize that “the right to utilize working animals for the mutual benefit and welfare of working animals and those the working animals serve shall be guaranteed.”
The statute would preempt local regulation of working animals, saying, “No county, municipality, state agency, or political subdivision shall enact or enforce any ordinance, regulation, or rule that is more restrictive than state law or that terminates, bans, or effectively bans, by creating undue financial hardship, on-the-job use of working animals or a working animal enterprise.”
It would also define a “working animal” as “any animal used for the purpose of performing a specific duty or function in commerce or service, including but not limited to animals involved in hunting, entertainment, including horse riding and carriage riding, transportation, education, exhibition, agritourism, ranching, farming, logging, or service.”
Finally, it clarifies that cockfighting and dogfighting would remain prohibited.
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