Editor's Note
Gavels have been rapped, legislators have been sworn in, and the new legislative cycle is off and running. This is indeed an exciting time of year as we ready ourselves for new faces and new issues. AKC began 2003 gathering as much information as possible to share with you quickly and efficiently. While we count on club Legislative Liaisons to relay information to us, we also actively search state legislatures, newspapers and the internet for bills and ordinances of interest. The result is the year's first issue of Taking Command, an issue replete with facts on fresh issues that affect you.
The big story this month is the Appeals Court decision against DDAL and in favor of leaving residential breeders out of the Animal Welfare Act. This ruling impacts every hobby breeder in the country, and AKC has worked long and hard on this issue since 1995. 2003 is off to an auspicious start and we hope for more good things to come throughout the year!
Regards,
Victory for Responsible Breeders, AKC
In a dramatic reversal, the US Court of Appeals ruled in favor of the USDA in a long-running lawsuit that would have required the federal agency to license and inspect residential breeders of dogs and cats. The January 14th decision by the Court determined that breeders who sell animals in their own homes are exempt from the Animal Welfare Act, and therefore are not subject to the same federal licensing and inspection requirements as large wholesale dealers. The Court's ruling marks an end to an eight-year push by the Doris Day Animal League (DDAL) and is a significant win for responsible breeders and the American Kennel Club, which has actively supported the USDA's position since the lawsuit was first brought forth.
"We are extremely pleased with the Appeals Court's decision," said Noreen Baxter, AKC's Vice President for Public Education and Legislation. "The American Kennel Club wants dogs to receive proper care, and we believe that the Court's interpretation of the Animal Welfare Act is the best way to accomplish that goal."
Currently, the Animal Welfare Act (AWA) includes only wholesale dealers of animals but the lawsuit filed by DDAL would have broadened it to cover people who sell from their homes. Hundreds of thousands of hobby breeders would have been impacted by this change. The US Court of Appeals for the District of Columbia Circuit ruled that these individuals fall under the definition of "retail pet stores" that are exempt from regulation under the law. Though not directly a party to the litigation, AKC provided expert knowledge on the world of hobby breeding, the numbers of individuals involved in the sport, and the potential ramifications of bringing hobby breeders under the umbrella of the AWA. As an interested party, AKC filed a "friend-of-the-court" brief (Amicus Curiae) to support the government's arguments that such a broad expansion of the AWA was not what Congress intended and was neither practical nor appropriate.
AKC supported the USDA's position that hobby breeders are already subject to state and local laws to prevent cruelty. In addition, the USDA argued-and the Court agreed-there is a great deal of oversight by breed registries such as the AKC. The Court's opinion affirmed the USDA's policy by stating, "Breed and registry organizations, such as kennel clubs, require their registrants to meet certain guidelines related to the health and genetic makeup of animals bred and to the education of the registrants. These organizations also monitor the conditions under which animals are bred and raised. Wholesale dealers typically do not have this type of oversight from the public." Indeed, the AKC performs over 4000 inspections of private breeding facilities-including homes and pet stores-each year.
DDAL's long crusade to have residential breeders federally licensed began in 1995 when it filed a petition for rulemaking with the USDA. When the government did not act on the petition, DDAL filed a lawsuit compelling them to do so. USDA settled the lawsuit in 1997 by agreeing to publish DDAL's petition and receive public comments. Nearly 36,000 people submitted comments, more than Animal Care had received on any other issue. A year later, the USDA published an Advance Notice of Proposed Rulemaking (ANPR) stating that the agency was considering changing its regulations to include residential breeders. In July 1999, at the urging of AKC, the Senate Appropriations Committee officially stated that USDA funding must not be used to regulate hobby breeders, and USDA backed away from making the changes. DDAL brought a fresh lawsuit against the USDA in 2000 and initially won its case in July 2001 when a lower court ruled for the plaintiffs. AKC urged the government to appeal the judgement and again submitted a lengthy brief to support the USDA's position. It was this appeal that the Court decided in January.
"The decision by the Court will allow the USDA to focus its attention
on those wholesale dealers who fail to provide proper care rather than diverting
precious resources to investigate small, in-home breeders," Baxter stated. "AKC
supports strong enforcement of the Animal Welfare Act, and this is a fair decision
that will do the most to promote animal welfare."
Around the Nation
Legislation That Affects You
CALIFORNIA - Despite dog owners' efforts, the San Francisco Board of Supervisors gave final approval to the "guardian" ordinance on January 13th. The measure adds the term "guardian" wherever "owner" appears in San Francisco's municipal code. The ordinance has been sent to the mayor, who has ten days to approve, veto, or let it become law without his signature. The Canine Legislation department sent a statement to Mayor Willie Brown Jr., urging him to veto the ordinance, and we encouraged other dog owners to do the same. The mayor's decision is not known as this newsletter goes to press.
- Despite many months of opposition and work by Kern County fanciers and the AKC, the Board of Supervisors approved a three-dog limit in January. The Board approved the measure in a 3-2 decision, thereby limiting residents who live on less than 1/4 acre of land to no more than three dogs. Those with larger property lots may still keep as many dogs as they wish. Current owners will be grandfathered in and will not be forced to give up their extra animals. However, they may not replace dogs that die.
FLORIDA - Despite their regular monitoring of local legislation, Lee County fanciers were caught by surprise when commissioners enacted a differential licensing ordinance in December. The new law substantially increases the fee for unaltered dogs and cats to $25 per animal. Area fanciers quickly mobilized and are working with local veterinarians and officials to have the ordinance amended or repealed. The Canine Legislation department sent a statement of opposition to county commissioners in December. For more information, contact Lois Davis, Greater Fort Myers Dog Club (941-690-7258).
- Weston officials may soon require muzzles and leashes on all dogs declared dangerous when they are off their owners' property. The animals would also have to be confined to a fenced yard, and violators would face fines of up to $500 per day. The proposal mirrors a similar ordinance enacted by Broward County in 2002. Officials felt the measure addressed dangerous dog concerns without singling out certain breeds.
- Jacksonville fanciers are once again facing egregious animal control legislation, this time in the form of breeding restrictions. Among other provisions, breeders would be required to obtain kennel permits and submit to annual inspections. Rescue groups would be required to follow the same strict regulations as kennels, which could seriously hamper their programs. Forming a coalition called the Alliance of Responsible Pet Owners of North East Florida, fanciers and other animal groups were able to quell discussions of a limit law last year. For a time it seemed they had opened a door toward working with Animal Control on recommending fair, enforceable changes to the city's ordinance. Purebred dog owners were therefore shocked to learn that a new ordinance had been drafted without their input. The measure has yet to come before the city council, but fanciers are hoping to stop it before it does. The Canine Legislation department supported their efforts in a letter to key city officials in January. For more information, contact Darla Duffey of the Greater Orange Park Dog Club (dduffey@aol.com).
GEORGIA - The Cobb County Animal Control Board is considering pet limits in its revisions to the area's animal ordinance. Local dog owners turned out in droves at December and January board meetings to oppose the limit law, which they noted would only punish responsible dog owners without addressing nuisance concerns. Overwhelmed by their opposition, the Board voted to remove the limit law from its recommendations, which should be presented to county commissioners in late January. Although the fight is not over until the commissioners vote on the final proposal, the situation appears favorable, particularly since several commissioners have indicated that they would not support a limit law even if one were recommended. Congratulations to the hundreds of Cobb County fanciers who contributed to this positive turn of events!
- The City of Augusta held its first public hearing to discuss a proposed mandatory licensing ordinance in January. Under the measure, dog and cat owners would be required to license their pets and outfit them with tags provided by Animal Control. Fees would start at $7 per pet with a $35 household cap. First-time offenders would receive a warning, while a second offense would warrant a $25 fine. Owners whose pets repeatedly violate animal control laws would be required to microchip them.
HAWAII - Sen. Fred Hemmings and several Representatives have announced their intention to introduce legislation that would end the state's pet quarantine. The state's Agriculture Director supports the move, although the state veterinarian does not. Officials cite new technology and vaccines as appropriate methods of keeping Hawaii rabies-free without the need for quarantine.
IDAHO - Congratulations to Boise fanciers who were able to defeat a strict breeding proposal as 2002 came to a close. The Idaho Capital City Kennel Club spearheaded a well-organized grassroots campaign culminating in a public hearing in late November. Fanciers were able to convince officials that punishing responsible breeders with exorbitant fees and bureaucratic paperwork would not solve the city's animal control problems. The mayor directed the Humane Society, which introduced the measure, to work with purebred dog owners to find a reasonable compromise. The issue is scheduled to come before the city council again on February 4th. For more information, contact the Idaho Capital City Kennel Club (clouss@wy-os.net, 208-345-5197).
ILLINOIS - Rep. Angelo Saviano's H184 would require dogs deemed vicious to be leashed and muzzled whenever off the owner's property. If a vicious dog is impounded for any reason, it must be spayed or neutered within 30 days. The bill also provides for penalties. H184 was referred to the House Committee on Rules.
- In December, the Canine Legislation department learned that officials in
South Beloit were considering a breed-specific dangerous dog ordinance. In
response, information packets and a statement of opposition were sent by AKC
to the mayor and city council members. Materials were also mailed to local
dog
owners.
- Rockford dog owners will be required to microchip their pets if a proposed ordinance is approved by the Board of Alderman. Residents would have until December 31, 2003 to comply with the measure.
- Before the AKC or local fanciers were aware, the City of East Dundee passed a law limiting residents to a combined total of four dogs and cats. Only three of those four may be of the same species. Violators could be fined from $25 to $500 per offense per day. Officials claim the law addresses residents' nuisance complaints, but there appears to have been little discussion about enforcing current dog laws or enacting a leash law. The Canine Legislation department sent materials and a statement of opposition to the Village President and Trustees.
INDIANA - Sponsored by Sen. Vi Simpson, S190 would allow for civil and criminal liability in dog attacks, even if the attack occurs on the owner's property. The bill was referred to the House Committee on Courts and Criminal Code.
- Cass County officials are considering a mandatory spay-neuter ordinance in response to the area's overcrowding in animal shelters. Nothing has been formally introduced yet, but the Canine Legislation department is working with county commissioners to offer alternative solutions to the problem. Local Legislative Liaisons are encouraged to monitor the situation closely.
IOWA - Ottumwa officials gave initial approval to a breed-specific ordinance in December. AKC expressed its opposition to the move in a letter to the mayor and city council. Dangerous dog information packets were also sent to city officials as well as to concerned fanciers.
- Plans are in place for a five-acre dog park in Iowa City. The off-leash area, which should be open by the end of 2003, was suggested after a similar park was successfully established in Cedar Rapids over a year ago.
KENTUCKY - H96 would permit hunters to enter private property to retrieve hunting dogs. Sponsored by Rep. Butler, the bill has not yet been assigned to a committee.
- Sen. Tom Buford is sponsoring S24, which would make animal torture
a Class D felony, punishable by one to five years in prison. The bill uses
a very reasonable definition of torture, describing it as "intentional
infliction of or subjection to extreme physical pain or injury, motivated by
an intent to increase or prolong the pain of the animal." S24 exempts
hunters, trappers, food processors, veterinarians, and people who show or train
dogs and cats. It also exempts lab animals and ear clipping and tail docking.
S24 was referred to the Senate Committee on Judiciary. A companion bill, H243 has
been introduced by Rep. Farmer in the House. An additional cruelty bill, H214,
has been introduced by Rep. Palumbo. It includes language similar to that of
S24 and H243 but also includes provisions for seizing animals that are victims
of cruelty, as well as requirements that violators undergo
counseling.
LOUISIANA - Sponsored by Rep. Cazayoux, H6 would allow a dog to be deemed vicious without having been previously declared dangerous, as the law currently states. The bill was referred to the House Committee on Administration of Criminal Justice.
- The Abbeville City Council has proposed changes to its dangerous dog ordinance to crack down on vicious dogs without targeting breeds. Under the measure, the owner of a dog deemed vicious would be required to keep the animal in a pen at least 40 square feet with fencing secured in concrete. The dog would only be permitted outside the pen if accompanied by its owner and tethered on a leash no longer than four feet. Graduated fines have yet to be established.
MASSACHUSETTS - Worcester's City Council Health Committee has asked the city to repeal an ordinance prohibiting leashed dogs in local parks. Some officials believe that the ordinance punishes responsible dog owners and note that it is not strictly enforced. Others have expressed concern that lifting the ban will lead to problems with loose and vicious dogs. All agreed that should the ordinance be amended, it must include pooper-scooper and leash requirements.
- The Pittsfield City Council is still considering revisions to its dangerous dog ordinance. Breed-specific references have been dropped since the measure was first introduced in the fall of 2002. The current draft includes a requirement that owners of vicious dogs obtain $100,000 liability insurance and have their pet microchipped or tattooed. The Canine Legislation department sent information packets and a statement supporting reasonable dangerous dog laws to the city council. For more information, contact Virginia Rowland, Massachusetts Federation of Dog Clubs (blackslate@aol.com).
- H3054 from last session is now law. The act exempts those 70 and older from pet licensing fees.
MINNESOTA - H28 would make it a gross misdemeanor to own or possess a dog that has been trained to fight. Evidence of wounds or scarring and training paraphernalia could be used to find someone guilty, but the bill does allow for several defenses, including that training equipment may be used solely to maintain health. Sponsored by Rep. Joe Mullery, H28 was referred to the House Committee on Judiciary and Finance.
MISSISSIPPI - Rep. Erik Fleming is sponsoring H89 to prohibit debarking or surgically silencing a vicious dog. Vicious dog is defined as one that, without provocation, has killed or injured another person or has killed another dog. Ownership of a vicious dog would also be illegal, and veterinarians who perform the debarking procedure would need to obtain a written waiver from the owner that the dog is not vicious. Fines would range from $25 to $100. The bill was referred to the House Committee on Judiciary.
- Rep. Whittington has introduced legislation to create the misdemeanor offense of cruelty to animals. H488 defines cruelty as "every act, omission or neglect whereby unnecessary or unjustifiable pain and suffering is caused." The bill exempts common animal husbandry practices. H488 was referred to the House Committee on Judiciary B.
MONTANA - Introduced by Sen. Mahlum, S73 increases fines for cruelty to animals. The bill was referred to the Senate Committee on Judiciary.
NEBRASKA - Sen. Ernie Chambers is sponsoring several bills that would impact dog owners. LB273 establishes housing requirements for commercial breeders, including having ample food and water, sanitary conditions and adequate space for dog and cats to move around. (Commercial breeders are currently defined as those who sell, exchange or lease more than 30 dogs and cats per year.) LB274 requires pet dealers to provide buyers with information about the benefits of spaying and neutering. LB275 provides that a bittering agent be added to anti-freeze to deter animals from consuming it. All have been referred to the Legislative Committee on Agriculture.
NEW HAMPSHIRE - AKC delegate and state representative Jay Phinizy has introduced HCR 1. The resolution officially endorses the AKC's Canine Good Citizen program. The resolution is being considered by the House Committee on Environment and Agriculture.
- H174 is being sponsored by Rep. Jeffrey Carter. Referred to the House Commerce Committee, the bill would prohibit insurance companies from discriminating against homeowners based on the breed they own. The AKC sent a letter of support to committee members and to the bill sponsor, and is working with the state Department of Insurance to support this measure. An official statement of support was scheduled to be read by Rep. Phinizy at a hearing in late January.
NEW JERSEY - Unlike most states, New Jersey's legislature carries over from 2002 to 2003, so A2906 is still active. Approved in committee and now in the full Assembly, the bill would severely restrict ownership of "pit bulls" including "American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, Staffordshire Terriers, and any dog determined to be a pit bull type." Rottweilers are rumored to be added, but no official amendment to do so has yet been made.
A2906 Requires:
- A special license for all "pit bulls" ($150-700)
- A municipality may require anyone who owns a dog to prove that it is not a pit bull (A municipality will visually inspect the dog to determine whether it is a pit bull). Very few municipalities have staff with any breed identification knowledge or experience.
- Confinement in permanent enclosure (including a secure pen and a 6-ft. fence).
- Pit Bulls must be muzzled when off owner's property and leashed with a tether not more than 3-feet long. The tether must be approved by an animal control officer.
- The municipality must inspect the enclosure and the licensee's property at least monthly.
- Liability insurance.
- Violators will be subject to fines of up to $1000 per day.
In January, sponsor Assemblyman Burzichelli indicated he might be willing to explore alternative legislation that would adequately address his dangerous dog concerns. As this newsletter goes to press, representatives from the New Jersey Federation of Dog Clubs and other concerned dog owners are working with the sponsor to suggest those alternatives. The AKC is supporting those efforts, and we also sent statements of opposition on A2906 to members of the Assembly late last year, as well as posted several alerts on our Web site. New Jersey dog owners are encouraged to contact their assemblymen immediately to express their concerns over the bill.
- Rep. Nilsa Cruz-Perez is sponsoring legislation to allow municipalities to require an additional license for unaltered dogs. A2794 provides that the fee for this "breeding dog" license be at least $1 and no more than $20. Fees may be collected annually or every three years. If a municipality chooses not to enact its own ordinance, a breeding dog license fee will automatically be set at $1. Violators would be fined no more than ten times the cost of a breeding dog license. The bill was referred to the Assembly Committee on Agriculture and Natural Resources.
- Sen. James Cafiero's S1956 would allow municipalities to charge an extra $5 dog licensing fee to offset municipal costs of using a county animal shelter, thereby placing additional burdens on responsible dog owners. The bill was referred to the Assembly Judiciary Committee. Sen. Cafiero is also sponsoring S305, which would increase license fees for intact animals to $25. This bill is being considered by the Senate Committee on Economic Growth, Agriculture and Tourism.
- The Governor's office has issued Executive Order No. 22, which establishes the Animal Welfare Task Force. The AKC wrote letters in support of naming fanciers to sit on the task force.
- Assem. Guy Gregg's A1586 is now law. The legislation prohibits surgical debarking of dogs unless the animal's life is at stake. Only licensed veterinarians will be permitted to perform the procedure. A1586 was substituted for S1430.
NEW MEXICO - An ordinance proposed by Edgewood's Animal Control Committee would require licensing of intact dogs and cats, but not those that have been neutered. The measure also calls for breeders and kennel owners to be licensed. All dogs would have to be leashed when off their owners' property, and restrained by a fence or chain when on the property. Wolf-hybrids and vicious dogs would also be prohibited.
NEW YORK - Assemblyman Joseph Morelle's A573 makes owners criminally liable if a dog known to be "hostile" by its temperament, nature or past behavior attacks and causes serious injury to a person without provocation. It would also be illegal for such dogs to go unlicensed or unvaccinated, or to chase or attack anyone under the age of 16. The AKC objects to creating a new "hostile" classification and believes that judging a dog based on its "nature" is extremely subjective and could open the door to a host of breed-specific issues. New York already has reasonable "dangerous" dog classification in place that adequately addresses dog attacks. A573 was referred to the Assembly Committee on Codes.
- Sponsored by Assemblyman William Hoyt, A742 amends the definition of dangerous dog to include one that attacks and injures a domestic animal. Owners of animals that are being seriously attacked will be permitted to kill the aggressive dog without being held liable. The bill was referred to the Assembly Committee on Agriculture. The Senate Agriculture Committee is considering a similar bill--Sen. Nancy Hoffman's S188--which would also add the phrase "attack on a domestic animal" to the definition of dangerous dog.
- The Albany City Council unanimously approved an ordinance requiring owners of dangerous dogs to register their animals and obtain $100,000 liability insurance. The measure also limits buildings with three or fewer apartments to three dogs per building, and no more than one dog per unit in buildings with four or more apartments. Finally, the ordinance allows the city to cite landlords for nuisance violations when these limits are exceeded. Fines can range from $500 to $1,000 and up to 30 days in jail. The move follows a "pit bull" attack on a young boy in December. The sponsor of the ordinance was prepared to restrict pit bulls but was prohibited from doing so by New York's state dangerous dog law.
- In light of a recent "pit bull" attack, Schenectady Mayor Al Jurczynski stated his desire to require owners to muzzle these dogs and purchase exorbitant amounts of liability insurance. New York state law prohibits the city from passing breed-specific laws, but the mayor has directed city officials to "come up with something that will work." He has also proposed a hotline that residents can call to alert authorities to aggressive dogs. The AKC is working with local Legislative Liaisons to monitor the situation.
NORTH DAKOTA- Fanciers grew concerned in January when the North Dakota Board of Animal Health (BOAH) proposed a permanent rule to require an import permit for any domestic animal being brought into the state. Hunters, dog show attendees, even residents returning with their pets from vacations would be impacted. The Canine Legislation department believes the rule is excessive for several reasons. First, the stated purpose of the rule is to prevent Foot-and-Mouth Disease (FMD), but there has not been an outbreak of the disease in the US for over 70 years, nor does the 2001 outbreak in Great Britain pose any imminent threat to North Dakota residents today. Second, the importation permit for pets would not prevent the spread of FMD even if there was an imminent threat. Dogs are no more likely to spread FMD than humans, vehicles, wildlife or machinery, and veterinarians charged with issuing permits have no way to tell whether dogs have been exposed to the disease. Finally, the import certification requirement is unenforceable. The state would need to establish a border patrol to check every person and animal entering the state--an impractical and unaffordable task. The AKC submitted official comments to the North Dakota BOAH in January. Interested parties may do so before February 14th to the following address: Office of the State Veterinarian, Department of Agriculture, 600 East Boulevard Avenue, Dept. 602, Bismarck, ND, 58505-0020. AKC is also working with fanciers to support H1347, which would prohibit the BOAH from requiring dogs and cats to have an import permit to enter the state, and S2196, which would add a seat on the BOAH to include someone involved in "non-traditional livestock," i.e. domestic pets. These bills are being considered in the House and Senate Committees on Agriculture, respectively.
OHIO - S221 was signed by the governor in January. The law increases the penalty for abuse of companion animals from a 2nd degree misdemeanor to a 1st degree misdemeanor, with subsequent offenses leading to a felony. It also requires training for animal control officers and establishes a procedure for the care of an impounded companion animal whose owner has been charged with cruelty.
- Melanie Tierney of the Canine Friends of Cleveland recently reported the following. "Just a quick note to let you know we successfully defeated the proposed limit law [in Cleveland]. It was under a sunset provision, and the sun set effective December 31, 2002. In 2003, we will be introducing our new, comprehensive nuisance law for consideration to the Cleveland City Council." Kudos to Tierney and Cleveland dog owners on their success!
PENNSYLVANIA - The City of Bethlehem may have enacted a limit law in 2002, but city officials now say they have no way to enforce it. The new law requires residents to obtain a license if they have more than six pets, but the city cannot afford the equipment needed by animal control officers to enforce the measure, nor does it have the staff to create and process the license form. For now, animal control officers will have to continue handling nuisance concerns on a complaint basis. They will, however, be able to inspect premises when they learn more than six animals are being kept there.
- H2842 became law in December. The legislation establishes sanitation standards for animal exhibits.
SOUTH CAROLINA - Introduced by Sen. Linda Short, S41 strengthens the penalties for owning or harboring an animal that is trained to fight or attack other animals or humans. A first offense would bring a fine of $1,000-$5,000 and a jail term of 30-90 days. Second or subsequent offenses would bring fines of $5,000-$10,000 and jail sentences of 90 days to a year. The bill also provides that if an animal that has been declared dangerous goes on to attack a human or domestic animal, it must be destroyed. S41 was referred to the Senate Committee on Agriculture and Natural Resources.
TENNESSEE - Dick Dickerson, Legislative Liaison for the Chinese Crested Club of Nashville, asked the Canine Legislation department to clarify a report we ran in the November 2002 issue of Taking Command. Dickerson serves on the animal commission responsible for state regulations and legislation affecting dogs. Dickerson says that, contrary to press reports, the Dog and Cat Dealer Act will receive only surplus funds from the Animal Friendly license plate fund. Grants will still be made for other purposes but such grants have been under-requested in recent years. The Dog and Cat Dealer Act regulates breeding facilities that sell 25 or more animals bought for resale each year.
TEXAS - Mesquite dog owners are petitioning local officials to establish a dog park. The city's Parks and Recreation Advisory Board is reviewing their proposal and looking at how other off-leash areas in the state have been created.
VIRGINIA - Sen. Frederick Quayle introduced S950 in January. The bill would remove the definition of "companion animal rescue agency" from a shelter-related law that passed last year, eliminating the need for them to be licensed. Virginia rescue groups were outraged when the cumbersome S260 was enacted, and have been seeking amendments ever since. S950 has the support of the Virginia Federation of Dog Clubs, the AKC and rescue groups. Dog groups favor this bill in lieu of Sen. John Watkins's S895, which also amends last year's law but does not fully remove the rescue groups from regulation. S950 was referred to the Senate Committee on Agriculture, Consumer and Natural Resources. AKC sent a letter to committee members before a scheduled hearing on January 17th.
- Delegate Harvey Morgan is sponsoring H1831, which would amend the state's definition of a dangerous dog to include one that attacks or injures another dog. Exemptions will be allowed if no serious injury occurs or if the dogs involved were owned by the same person. Owners of companion animals that are attacked will be able to collect compensation if the incident occurred on their own property and the aggressive dog did not have permission to be there. H1831 was referred to the House Committee on Agriculture, Chesapeake and Natural Resources.
- H1861 is being sponsored by Delegate O'Bannon and contains several provisions concerning dangerous dogs. First, it adds animal control officers' previous findings to the list of factors in determining whether a "dangerous" dog is, in fact, "vicious." Second, it removes the cap on the mandatory fee for dangerous dogs in municipalities that have enacted such an ordinance. Finally, it removes the minimum from the optional provision requiring liability insurance for animal bites. H1861 is being considered by the House Committee on Agriculture, Chesapeake and Natural Resources.
WASHINGTON - Rep. John Lovick's H1077 would prohibit drivers from carrying people or animals in pick-up truck beds or any other outside part of a vehicle unless they are secured by a harness, cage, or other enclosure. The bill was referred to the House Committee on Transportation.
- The City of Tukwila is considering a dangerous dog ordinance that originally deemed several bull breeds vicious. Breed-specific references have since been dropped, but the current draft still contains many provisions of concern, including requirements that owners of dangerous dogs obtain $250,000 liability insurance and that residents with more than five pets animals obtain a hobby kennel license. AKC faxed a statement of opposition to officials regarding breed-specific references in December and mailed a second statement to the full city council in January.
WEST VIRGINIA - Berkeley County's recently-approved vicious dog ordinance became effective January 1st. Under the new law, a dog can be declared vicious if it kills or injures a person without provocation, injures an animal that is not on its property, or approaches a person off its property in a "terrorizing manner, in an apparent attitude of attack." The law includes an exemption for dogs that attack a person who is trespassing or committing a crime on its owner's property, or if the dog was teased or provoked. An earlier draft of the ordinance did not include this exemption. The Canine Legislation department provided county officials with materials and information packets in their work to develop a reasonable dangerous dog law.
GREAT BRITAIN - The British Animal Welfare Minister has announced his intention to revise the country's animal cruelty laws. One of the most sweeping changes will be a new legal requirement that owners properly care for their animals. (Under current legislation, a person cannot be charged with cruelty until it is proven that he or she actually harmed an animal. For example, an owner who deprived his dog of ample food and fresh water could not be charged until the dog showed physical signs of suffering.) The British government also suggested it may increase the age at which unaccompanied children can buy pets from 12 to 16. Other revisions may include banning tail docking and regulating treatment of all animals involved in sport and entertainment. The proposed legislation is not likely to be introduced before 2004.
- A second landmark announcement came from the British Animal Health Minister late in 2002. The successful Pet Travel Scheme (PETS), which allows travelers from certain countries to enter Britain with their pets without the need for quarantine, has now been extended to the US and Canada. Owners must provide health certificates showing their pets have been vaccinated for rabies and other diseases, and all animals must be microchipped. Until a designated route from North America and official certification are approved, however, pets may still have to be quarantined for 2 to 3 days until paperwork and microchips are confirmed. The short stay is a significant improvement on the six months pets have previously had to spend in quarantine. The Pet Travel Scheme was launched in February 2000 and was at first only available to visitors from countries deemed rabies-free, which included most of Western Europe.
ITALY - In November 2002, a group of animal rights activists broke into a dog-breeding kennel in northern Italy and stole 125 Beagles that were to have been used in scientific experiments. The thieves are suspected members of the extreme Animal Liberation Front (ALF).
Questions regarding "Legislation Around the Nation?" Please contact the Canine Legislation Department for more information regarding bills and ordinances for which no Liaison name or number has been provided.
Did You Know?
In January, the AKC sent a letter of introduction to each Member of Congress
to welcome the start of the new session. AKC-affiliated clubs and federations
might want to write similar letters to their state legislators, and we're
happy to help. AKC Canine Legislation will create database files for your
state legislature. You can use these to create mailing labels, mail merges
or just to have phone numbers and e-mails in an easy-to-use format. Simply
contact us (doglaw@akc.org,
919-816-3720) with your request!
Applause, Applause
The Canine Legislation department would like to congratulate Bonnie Turner,
Legislative Liaison for the Georgia Coalition of Dog Clubs, on winning
the 2002 4th Quarter Community Achievement Award. A tireless advocate for purebred
dog owners, Turner was instrumental in getting reasonable cruelty legislation
passed in Georgia three years ago. The law raised penalties for animal cruelty
to a felony but also protected dog owners by including "with malicious
intent" in the definition of cruelty. Currently Turner is working closely
with the state's veterinary organization to amend parts of the proposed Georgia
Veterinary Practice Act. Her goal is to protect fanciers' rights to administer
simple veterinary tasks such as giving shots and implanting microchips without
the aid of a veterinarian. When not lobbying at the state and local level,
Turner enjoys time off with her Norwegian Elkhounds.
Congratulations also go out to Jane Troy of the Kanadasaga (New York) Kennel Club and to the Butler (Pennsylvania) Dog Training Association. Troy is an active AKC Canine Ambassador who also chairs her club's Canine Good Citizen testing program and teaches pet CPR in her community. The Butler Dog Training Association boasts 23 working therapy dogs and handlers, two CGC evaluators, three Therapy Dogs International evaluators, five Canine Ambassadors, and numerous breeders and conformation competitors.
Each winner will receive a certificate and a check for $1,000 to be used to further their clubs' public education and canine legislation efforts. Kudos to you all!
For more information about the AKC Community Achievement Awards, contact the Public Education department at 919-816-3712 or publiced@akc.org.
Municipal Leaders Get to Know AKC
"Do you have any more of those dog park brochures?" was the resounding
question AKC heard from city officials at the 2002 National League of Cities
Conference in Salt Lake City in December. The Canine Legislation department attended
the meeting, and it was clear that dog parks are a hot issue for municipal leaders.
Countless city council members, managers and attorneys left with AKC's dog park
booklet, other brochures and information packets about animal control concerns,
and leashes to remind them that we support responsible dog ownership. Warmly
received by these municipal leaders, AKC was pleased to introduce or remind attendees
about the sport of purebred dogs and our wealth of resources on canine legislation.
