Editor's Note
There has been a new face in the AKC's Canine Legislation department this summer. Danica Burge-junior handler, breeder, active club member, and all around overachiever-joined us for 8 weeks as part of AKC's summer intern program. A native of San Jose, Danica has been active in the San Francisco Bay Scottish Terrier Club and the Scottish Terrier Club of America. She has been a handler's assistant and has completed conformation championships on more than 25 dogs. Danica's principal project was to create outlines on legislative issues for AKC communications staff and others to use when working with the media. These summaries provide key points and background issues on a variety of topics and are designed to help a legislative novice carry on an effective dialogue with the media. Danica now returns to California to finish her degree. She has been a great addition to our staff for this short period and she will be missed.
Regards,
Putting a Face on AKC
Many people, including elected officials, are often surprised to learn that the AKC is more than a purebred dog registry. They may know little of our public education programs, our legislative initiatives, our 4,000 kennel inspections each year, or our events. Just as it's important for Legislative Liaisons and their clubs or federations to educate their lawmakers about these positive areas, the Canine Legislation department makes an equal effort to reach out to legislators on a broad national level. Our staff recently made several trips with this goal in mind.
In June, AKC representatives and our federal government relations consultant Jim Holt visited Capitol Hill to educate lawmakers about our legislative and regulatory agenda. Meetings were held with staff from the House and Senate Agriculture Committees, as well as Members of Congress who can lend support to our current and future issues. To help these individuals learn more about our organization, AKC provided copies of our 2002 Annual Report as well as materials outlining our position on pending federal concerns. These meetings were very positive and helped establish good relationships with legislators whom AKC can call upon for help in the future.
In July, the Canine Legislation department attended the National Association of Counties Annual Conference and Exposition in Milwaukee, Wisconsin. Thousands of county commissioners, managers and other staff had the opportunity to visit AKC's booth, where a host of public education and legislation materials awaited them. Officials were eager to talk about leash laws, dangerous dog issues and dog parks. They also enjoyed complimentary dog leashes with our traditional message "Love your Dog, Leash Your Dog," and many took home free copies of the Public Education department's "Safety Around Dogs: Your Safety Begins With You" video and activity kit for children.
Just one week later, AKC was off again--this time to the National Conference of State Legislatures Annual Meeting in San Francisco. Here the Canine Legislation department had a chance to meet face-to-face with many of the nearly 6,000 state lawmakers who attended. Again, legislators walked away with responsible dog ownership leashes, materials, and a better understanding of how AKC can assist with animal care and control concerns.
To be effective, lobbying must be done before issues arise. Legislators who know AKC and our positions will be more likely to consider our point of view because they recognize our organization as a reputable, knowledgeable source on dog-related issues. These relationships play an important role when the fancy needs our help with local ordinances or state bills. This is particularly true on controversial issues when lawmakers are being bombarded with calls and e-mails. In those crunch times, outreach efforts such as Hill visits and legislators' conferences truly prove their value.
Around the Nation
Legislation That Affects You
ALABAMA - HB37 was signed by Governor Bob Riley on June 20, 2003. HB37 requires that any greyhound used for greyhound racing that is to be euthanized be put to death by lethal injection. It also prohibits removing the dog from the state to circumvent this requirement. Some e-mails reports of late have stated that HB37 changes the status of greyhounds to "livestock" but there is nothing in the Act that makes such a change. Full text of the one-page Act may be found at www.legislature.state.al.us.
ALASKA - Responding to requests by local dog owners, the Anchorage Assembly is considering developing several off-leash dog parks. The city authorized the areas last year but has not created any to date. At the same time, animal control officials announced that they would begin stronger enforcement of Anchorage's leash law. Frustrated dog owners balked at the increased enforcement given the lack of dog parks. City officials hope to find a compromise soon. The Canine Legislation department sent materials and a statement touting the benefits of off-leash areas to the Anchorage Assembly in June.
COLORADO - The Boulder City Council may consider a leash law or even an outright ban of dogs on the city's greenbelt. Environmentalists and non-dog-lovers have complained that loose dogs and owners who do not pick up after their pets are ruining the trails for others. The dog community believes they have a right to exercise their dogs off-leash, and both sides are lobbying the city council.
CONNECTICUT - H6038 was signed by the governor in July. The new law stipulates that any person who tethers a dog for an undefined "unreasonable amount of time" be fined a maximum of $100. A second offense will bring a fine of $100-$250, and subsequent offenses $250-$500. The law takes effect October 1, 2003.
FLORIDA - H1911 was signed by the governor in June. The dog fighting law is designed to close loopholes in existing state law and punishes those who breed, train, sell, own or transport animals used for fighting, as well as those who bait animals. It also prohibits owning or selling equipment used for any of the above activities. Additionally, the law provides for the search, seizure, impoundment and euthanasia of dogs suspected of being involved in fighting.
HAWAII - The state's draconian one month quarantine rules for pets have finally been relaxed. Effective June 30, pets entering Hawaii may be released in five days or less if their owners meet several pre-arrival requirements. These include documentation of two rabies vaccinations, microchip implantation, and blood test results showing the rabies vaccination was successful. However, due to rabies' long inoculation period, visitors will have to wait 120 days after the blood test is submitted before being eligible for the program.
AKC has long supported efforts to modernize Hawaii's quarantine program and in fact supported legislative efforts to eliminate the quarantine altogether. A four-month pre-arrival wait is impractical for many dog owners, and we believe that contemporary vaccinations, microchipping techniques and appropriate record-keeping have made the pet quarantine requirement unnecessary. Still, these changes to the quarantine program will ease the burden on pets and owners alike, and we are relieved to see some positive changes made to this program. For more information on the new quarantine regulations, visit the Hawaii State Department of Agriculture's Web site, www.hawaiiag.org/hdoa.
ILLINOIS - H184 was sent to the governor's desk in June. However, what began as dangerous dog legislation now also requires counties to impose animal registration and litter registration fees. AKC supported the original dangerous dog bill and the language in it that would prohibit breed-specific laws. However, we do not believe that counties should be forced to impose animal and litter registration fees. AKC and the Illinois Dog Clubs and Breeders Association (IDBCA) therefore contacted the Governor and asked him to veto H184. The projected deadline for the Governor's action is August 30, 2003.
IOWA - The Muscatine City Council approved a ban on all new "pit bull terriers" entering the city. Current owners will be permitted to keep their dogs only if they register their pets and obtain $50,000 in liability insurance. AKC worked with local fanciers to oppose the measure.
- The Fort Dodge City Council approved a measure requiring microchipping of dogs that have been deemed vicious. The council's Public Safety Committee put forth the proposal as an alternative to possible breed-specific legislation.
KANSAS - In July, James Halsig of the Wichita Kennel Club contacted AKC regarding two proposals the city was considering. The first would have amended the city's dangerous dog ordinance in several ways, including automatically declaring Rottweilers, "pit bulls" and any mixes of those dogs dangerous. The second would have prohibited tethering for more than one hour in a 24-hour period. With the help of the Canine Legislation department, Wichita fanciers quickly mobilized in time to attend and express their concerns at six District Advisory Board meetings across the city, where the measures would have to be approved before they could be heard by the full city council. Dog owners found most officials shared their opposition to breed-specific legislation, and all six soundly rejected that provision. Many also agreed with dog owners that anti-tethering legislation deserved further study due to concerns over the enforceability of a one-hour law. The Wichita Department of Health has since asked the dog community for assistance in revising other parts the animal control code, and fanciers are optimistic about the new dialogue that has been opened with the city. For more information, contact James Halsig, Wichita Kennel Club (316-682-1111).
- Before the AKC or local fanciers were aware, the Leawood City Council approved an ordinance that automatically declares "pit bulls" dangerous and bans them from the city. The city's animal control officer admits it will be difficult to determine whether a dog is a "pit bull" but claims it will make residents "feel safer."
KENTUCKY - The City of Covington recently amended its breed-specific ordinance to further require "pit bull" owners to microchip their dogs. Owners must also comply with existing requirements to register and obtain liability insurance for their dogs. AKC sent a statement to city officials alerting them to the fallacies of breed-specific legislation.
MARYLAND - The City of Hagerstown is considering banning "pit bulls" and "pit bull terriers." The ordinance defines these dogs as American Staffordshire Terriers, Staffordshire Bull Terriers, American Pit Bull Terriers, American Bulldogs, Bull Terriers and any dog predominantly of these breeds. The measure proposes a 60-day grandfather clause for current owners, who must register their animal with the city for $50. Following the two-month grace period, unregistered pit bulls will be illegal, and no new pit bulls will be allowed into the city. Current owners must obtain $50,000 liability insurance and abide by certain care requirements including muzzling these dogs when in public and keeping them indoors or in a secure enclosure with a top. Violators will be fined $1000 per day. The Canine Legislation department is working with the Maryland Dog Federation to defeat the measure. A statement of opposition and dangerous dog packets were sent to the mayor and city council members in July.
MICHIGAN - Sen. Garcia introduced S542 in June. The bill prohibits research facilities from obtaining dogs or cats from municipal animal shelters. S542 was referred to the Senate Committee on Local, Urban and State Affairs.
- Sen. Garcia is also sponsoring S543, which prohibits shelters from transferring dogs and cats to research facilities. It also prohibits them from euthanizing or transferring animals within seven days of their arrival. Additionally, the bill establishes provisions for record-keeping and owner notification. S543 was referred to the Senate Committee on Local, Urban and State Affairs. For more information, contact Al Stinson, Michigan Association of Purebred Dogs, (LSFC2@aol.com, 517-655-5363).
MISSOURI - Salisbury officials enacted a ban on "pit bulls," "pit bull type dogs" and Rottweilers before fanciers learned of the proposal. The public had no opportunity for input and no grandfather clause was included. Upon learning of the ban, the Canine Legislation department sent a statement of opposition to the Board of Aldermen and enclosed model dangerous dog legislation that could be used in lieu of the breed-specific ordinance.
NEW JERSEY - A3786 was introduced in June. The bill requires sterilization of all dogs and cats released from shelters unless the owner expressly requests the procedure not be done. Animals arriving with some type of identification tag may not be sterilized until they have been unclaimed for 30 days. A3786 authorizes municipalities to increase license fees in order to pay for sterilizations. Introduced by Assm. Gary Guear, the bill was referred to the Assembly Committee on Agriculture and Natural Resources.
- Assemblyman Azzolina's A3872 prohibits insurance companies from discriminating against homeowners based on the breed of dog they own. The bill would not apply to owners of dogs that have been declared potentially dangerous or vicious. The Canine Legislation department sent a letter of support to the bill sponsor and to the chairman of the Assembly Committee on Banking and Insurance, where A3872 was referred.
- S2548 was withdrawn from further consideration. The bill would have required landlords to allow pets in apartments and condominiums.
- S2627 directs the Department of Health and Senior Services to adopt regulations prohibiting the overcrowding of animals in kennels, pet shops and other commercial establishments. Violators will face graduating fines beginning at $500, culminating with revocation of their license following a fourth offense. Sponsored by Sen. Ciesla, S2627 was referred to the Senate Committee on Economic Growth, Agriculture and Tourism.
- A second bill sponsored by Sen. Ciesla, S2628, also impacts dog owners. The bill prohibits the sale of a dog by any pet shop, kennel or other commercial establishment unless the name, address and phone number of the person who provided the dog to the establishment is given to the buyer at the time of sale. It also establishes penalties for violators. S2628 was referred to the Senate Committee on Economic Growth, Agriculture and Tourism.
- In July, the New Jersey Animal Welfare Task Force held three public meetings, giving dog owners an opportunity to share their views on issues facing the Task Force. Created by the Governor last year, the Task Force was established to address issues that affect animals throughout the state and make recommendations for reform. The Task Force is examining the current laws governing animal abuse and neglect, the manner in which the anti-cruelty laws are enforced throughout the state, and the status of the population control and sheltering systems in the state. It will issue its recommendations to the Governor, the Attorney General, and the Commissioner of the Department of Health and Senior Services. One dog fancier sits on the 30-member panel.
- Essex County recently established a Domesticated Animal Welfare Advisory Board. The group will be comprised of seven service-oriented members from the county's 22 municipalities. County officials hope to provide resource materials and educational programs to school children on animal issues.
NEW MEXICO - The Santa Fe City Council is considering a strict breeding ordinance that impacts owners' ability to breed and show dogs, including:
- Professional animal care permits and annual inspections for anyone involved in breeding animals. A city business license would be required in order to apply for the permit.
- Those who breed without first obtaining a permit will be required to pay a litter fee and furnish the receipt number to pet purchasers who request it.
- Mandatory spay/neuter for all dogs and cats unless owners obtain an annual unaltered animal permit.
- Prohibits owning more than any combination of four dogs and cats unless residents purchase a multiple animal site or kennel permit. Fee schedules and penalties will be established by the city at a later date.
The proposed measure will likely be presented to the full city council in August. Santa Fe fanciers are organizing a grassroots campaign to oppose this restrictive ordinance, but more help is needed! Dog owners must get involved now in order to stop these new fees and requirements. For more information on how to help, contact Mary Tidwell, Sangre de Cristo Kennel Club, 505-982-2961.
NORTH CAROLINA - Sen. Hartsell's S669 was signed by the governor in June. The law allows judges to issue injunctions in cruelty cases permanently removing animals from owners. A last-minute amendment to the legislation authorizes the General Statutes Commission, in consultation with the Department of Agriculture and Consumer Services, to study the need to regulate "puppy mills." An interim report is expected on the issue in 2004, with a final report to come in 2005. Sen. Shubert pushed for the amendment after a large-scale breeder in Union County had her dogs seized as a result of poor care conditions. AKC will closely monitor this study and report any developments as they occur.
- In July, the Raleigh News and Observer reported that the state's co-speaker of the House will push for animal control reform in light of an extremely high statewide euthanasia rate. Speaker Jim Black plans to establish a commission to study the issue and propose legislation. AKC will monitor this issue closely in 2004 and encourages North Carolina fanciers to do the same.
OHIO - Several Cincinnati officials continue to press for a reinstatement of a ban on "pit bulls." Local fanciers successfully fought for the repeal of a similar measure several years ago and hope to do so again. AKC expressed its opposition to breed-specific legislation in a June letter to the city council. For more information, contact Melanie Tierney of Canine Friends of Cleveland (aegis66@earthlink.net.)
- An existing ordinance in Reynoldsburg restricting "pit bulls" may soon be expanded to include more breeds. The Canine Legislation department opposed the measure in a letter to city council members and also provided materials to local fanciers.
PENNSYLVANIA - Rep. Costa's H1775 was introduced and referred to the House Committee on Insurance in June. The bill requires insurance companies to make policy coverage available for service dogs.
TENNESSEE - In light of strong opposition raised by Nashville fanciers, the Metro City Council again delayed the vote on a proposed differential licensing ordinance that would increase fees for unaltered dogs to $20 per animal. Members of the Nashville and Tri-Star Kennel Clubs continue to work with city officials and the veterinary community to oppose the "dog tax." The Canine Legislation department supports their efforts. For more information, contact Dick Dickerson, President, Tri-Star Kennel Club (615-384-9100).
TEXAS - H1119 became law in June. The legislation provides for the disposition of cruelly treated animals and authorizes magistrates to issue warrants for the seizure of mistreated animals.
- Barbara Beynon, President of the Corpus Christi Kennel Club, has alerted AKC to a proposal that would require permits for breeders in the city. The ordinance exempts breeders who have less than two litters in a two-year period. Permits will cost $200, (a pet shop permit is only $50), and annual inspections would be required. The proposal is likely to go before the city's Animal Advisory Board in the near future, and public hearings must be held before the measure can be advanced to the city council. Corpus Christi fanciers are mobilizing now, hoping to prevent the measure from reaching the full council. The AKC is working closely with them, as is the Responsible Pet Owners Alliance. For more information, contact Barbara Beynon (361-825-3116).
WASHINGTON - Rep. Wallace introduced H2296b to designate the Siberian Husky as the official state dog. The legislature adjourned without approving the bill.
WISCONSIN - A423 was introduced by Rep. Pettis and referred to the Assembly Committee on Judiciary. The bill holds a dog owner liable for two times the amount of damages caused by the dog only if the animal's bite causes permanent disfigurement and the owner was aware the dog had committed a similar attack in the past. Current laws holds owners liable for that amount regardless of the severity of the attack. A423 also increases the penalty for owners of dogs that injure people, animals, property or birds from $100 to a maximum of $2500. If the owner knew the dog had previously committed a similar attack, the penalty rises to a maximum of $5000. Finally, the bill allows any person to ask the court to order a dog euthanized. Current law only permits the state or a municipality to make such a request.
- Residents for Off-Leash Parks (ROMP) is working with parks department officials to establish a dog park. AKC supported their efforts in a letter to the Park Board.
GREAT BRITAIN - The British parliament continues to debate legislation that would ban hunting with hounds. In spite of a compromise bill that would allow the practice under certain restrictions, the House of Commons approved a complete ban. The House of Lords has yet to take up the issue. AKC's position on the use of dogs in working, sporting, and competition events is as follows: The American Kennel Club encourages and strongly supports the interaction and mutual enjoyment of owners and dogs in sporting activities such as hunting and field trials; in working circumstances such as herding, tracking, and pulling; and in competition events such as dog shows, obedience trials, agility trials, and other performance events and tests. The AKC believes that dogs should be properly cared for, humanely trained, and not pushed beyond reasonable limits for which they were bred.
Did You Know?
In July, AKC's Board of Directors approved the following two new position statements:
"Guardian" v. Owner
The American Kennel Club supports the use of the term "owner" rather than "guardian" when referring to the keeping of dogs. The AKC believes that the term guardian may in fact reduce the legal status and value of dogs as property and thereby restrict the rights of owners, veterinarians, and government agencies to protect and care for dogs. It may also subject them to frivolous and expensive litigation.
The term guardian does nothing to promote more responsible treatment of dogs. We strongly support efforts to educate the public about responsible dog ownership to ensure that all dogs receive the care, love, and attention they deserve.
Homeowners' Insurance and Dangerous Dogs
The American Kennel Club believes that insurance companies should determine coverage of a dog-owning household based on the dog's deeds, not the dog's breed. If a dog is a well-behaved member of the household and the community, there is no reason to deny or cancel coverage. In fact, insurance companies should consider a dog an asset, a natural alarm system whose bark may deter intruders and prevent potential theft.
Additionally, AKC's Dog Auctions position statement was amended to read:
The American Kennel Club considers auctions and raffles not to be reasonable and appropriate methods to obtain or transfer dogs.
AKC's current inspection program shall include kennels/individuals offering dogs for sale at auctions.
Any dog sold at auctions that is under 8 weeks of age or without microchip identification will be ineligible for AKC registration and shall be placed on permanent referral.
The American Kennel Club discourages Parent Club rescue groups from purchasing dogs at auctions. Although Parent Clubs may be doing good things for individual dogs purchased at auctions, it perpetuates the problem and tends to create a seller's market. Reciprocally, auctioneers seek more dogs of those breeds to offer at auctions. AKC applauds the work of Parent Club rescue groups on many fronts. However, AKC believes that the purchasing of dogs at auctions is not overall in the best interest of purebred dogs.
Federal Notes
by Jim Holt, AKC's Federal Government Relations Consultant
AKC Comments on AVMA "Model Veterinary Practices Act"
The AKC filed comments with the American Veterinary Medical Association (AVMA) on a proposed revision to the AVMA's "Model Veterinary Practices Act" (MVPA). The MVPA is model legislation that the AVMA recommends to state legislatures for regulating the practice of veterinary medicine. The first MVPA was written in the 1960s, and it has been periodically revised since then. A draft revision prepared in 2002 was disseminated earlier this year for comment by interested members of the public, including the AKC.
The 2002 revision of the MVPA included, for the first time, language that would regulate "alternative therapies" such as acupuncture, acutherapy, homeopathy, and manipulative therapies. It would require that such therapies be provided only by, or under the supervision of, a licensed veterinarian. The AKC took a very strong stand opposing such a provision. The AKC's comment letter stated, "we do not believe it is in the public interest nor essential to the welfare of animals, for the practice of alternative therapies that do not include treatment with prescription drugs, surgery, or similarly clearly medical modalities to be limited to licensed veterinarians . . . ."
The proposed revisions to the MVPA also included a prohibition on a veterinarian providing telephonic advice to a patient that the veterinarian had not seen. The AKC comments recommended exceptions to this provision in the case of emergency situations and in the case where the veterinarian had veterinarian-client relationship with the owner or temporary custodian of a dog which the veterinarian has not seen, in situations where, in the veterinarian's judgment, telephonic advice could be appropriately rendered.
The AKC also recommended that the MVPA exempt routine husbandry practices such as nail clipping, tail docking, teeth cleaning and other practices appropriately performed by non-veterinarians from the definition of the term "practicing veterinary medicine, and therefore from coverage under the MVPA. The MVPA also exempts owners treating their own agricultural or food producing animals from the term "practicing veterinary medicine." The AKC strongly urged that this exemption be expanded to include any person treating their own animals, and not limited to agricultural animals.
The AKC took note of the changed legal environment since the MVPA was first promulgated in the 1960s, and suggested changing some provisions of the model act that could be abused by anti-animal interests. One of these recommended changes was to limit the prohibition on administering drugs to animals by other than licensed veterinarians. The AKC recommended that this prohibition apply to prescription drugs only. The AKC pointed out that, as currently written, the MVPA could be interpreted to make it illegal for a non-veterinarian to administer an aspirin to a dog without a veterinarian's approval. The AKC also recommended that several enforcement provisions of the MVPA be modified, including a private right of action provision that would allow any person to go into court alleging a violation of the act without first filing a complaint with the state Veterinary Medical Board. The AKC noted that such a private right of action could subject the public to legal harassment, and that only the state Veterinary Medical Board should be permitted to go to court to allege violations of the act.
A complete copy of the AKC's 8-page comment letter can be obtained from the AKC's Canine Legislation department.
DDAL Files Appeal With the Supreme Court
The Doris Day Animal League (DDAL) has petitioned the U.S. Supreme Court to hear an appeal of the Court of Appeals decision in DDAL, et al. v. Veneman, et al. In this case the DDAL is seeking to overturn the U.S. Department of Agriculture's longstanding interpretation of the federal Animal Welfare Act exempting persons who breed and sell dogs from their residential property solely at retail.
Thousands of petitions for appeals are filed with the Supreme Court every year, and only a fraction of these cases are accepted. A response from the federal government defendants is due on August 13, 2003. The Supreme Court will announce at the beginning of its 2004 term in October whether it will accept the case.
