Editor's Note
It never ceases to amaze us how effective purebred dog owners can be when they pull together in defense of their sport. In the past month, tireless fanciers in California, New Jersey and Massachusetts scored significant legislative victories over bills that would have restricted their breeding rights. (Please see “Around the Nation” for more information.) We extend our congratulations and thanks to all those who took the time to make a phone call, write a letter, or send an e-mail. Your efforts are paying off!
On the federal front, dog owners could soon face new concerns pertaining to national wildlife refuges. Jim Holt, AKC’s government relations consultant, reports on the issue and what AKC is doing to help in the feature article at right.
Finally, the onset of summer means more dog owners are spending time outside with their pets. Subsequent increases in dog bites or related incidents can result in calls for breed bans and the like, so be sure to monitor your communities closely.
Regards,
Dogs Barred from Some Rhode Island Wildlife Refuges
By Jim Holt, AKC’s Federal Government Relations Consultant
As if dog fanciers didn’t have enough venues to watch already, another jurisdictional unit has been added to the list of those who are making policy on dogs—national wildlife refuges. There are presently more than 500 national wildlife refuges and more than 3000 smaller land areas administered by the National Wildlife Refuge System, an agency of the U.S. Fish and Wildlife Service (USFWS). The system includes more than 96 million acres of public land. Over the next few years all national wildlife refuges must undertake a planning process that could affect the extent to which each refuge is accessible for hunting with dogs, events like field trials and hunting tests, and even just walking your dog.
The AKC learned about this process the hard way when some fanciers in Rhode Island alerted us to the fact that dogs, even on lead, had been banned from several wildlife refuges in Rhode Island earlier this year. When the AKC staff looked into it, we discovered that unbeknown to dog fanciers, several Rhode Island wildlife refuges had adopted something called "Comprehensive Conservation Plans" or CCPs which totally banned dogs from the refuges. While this was a major setback for dog fanciers in Rhode Island, it was a wake up call to the rest of us that this planning process is underway, and that dog fanciers—especially those who hunt with their dogs or work them in the field—need to be alert and involved to represent and protect their interests.
In 1997, Congress enacted legislation called the "National Wildlife Refuge System Improvement Act." This legislation requires every national wildlife refuge to develop and implement a CCP no later than 2012. Some of the more than 500 refuges in the system are jointly administered, but there will be between 200 and 250 individual CCPs developed by the time the process is complete. The CCPs are developed by local refuge managers based on federal law and USFWS guidelines. Development of a CCP is big job, and the process is just getting under way. Only about 40 CCPs have been finalized so far, and another 40 or so are in development. But the pace will pick up substantially over the next few years.
The planning process is supposed to assure public participation and input. However, the public needs to be aware of the process to have effective input. When a refuge intends to start the planning process, a Notice of Intent to Develop a CCP is supposed to be published in the Federal Register, and publicized locally. Planning meetings are open to the public. Another notice is published when a draft CCP has been issued. All draft CCPs are open for written public comment, and often there are public hearings held on them. Then a final CCP is developed and published. The whole process takes several years, and the plans are incredibly detailed. After a CCP is adopted, the refuge is required by law to follow the plan until and unless it is amended in a similarly time consuming public process.
What happened in Rhode Island can be instructive. Rhode Island’s national wildlife refuges were among the first to undertake the CCP process. The refuges in Rhode Island are fairly small, and located within easy access to large populations, so they are heavily used. Before and during the CCP development process in Rhode Island, some towns around a few of the Rhode Island refuges closed their public parks to dogs. Apparently many dog owners took to walking and exercising their dogs in the refuges. While the Rhode Island CCPs were being developed, there were at least four serious and well-publicized dog bite incidents in the refuges. As a result of these incidents, and the increase in the number of dogs, a provision was proposed banning dogs from the refuges, on the grounds that dogs interfere with wildlife and with the enjoyment of the refuges by people. Dog fanciers were unaware of these developments. Therefore, there was little opposition and the provisions survived into the final plan. Dogs, even on leash, are no longer allowed in these refuges.
It is now too late to do much about the Rhode Island situation, but this incident and earlier attempts to restrict activities with dogs, including hunting and field trialing, on other public lands administered under USFWS rules, show that dog fanciers need to monitor these planning processes and be involved in them.
The AKC is monitoring the publication of "Notices of Intent" in the Federal Register. When we learn of one, we will alert fanciers in the locale of the refuge so that they can become involved in the planning process. However, fanciers who live near or frequent wildlife refuges also need to be aware of this issue, and alert the AKC staff if they learn of a planning process starting or underway. This is especially important for refuges that are prominent venues for dog-related activities. The Canine Legislation department has posted a list of 59 refuges that are currently in planning process in the Legislative Alerts section of our Web site. These refuges will likely release draft plans in the near future, and we are asking Legislative Liaisons to review the list and alert the department if you live near one of these sites. In that event, we will let you know how you can help impact the planning process.
Finally, all fanciers need to be sensitive and responsible dog owners in all public settings, even when we’re "out for a walk in the woods." Make sure your dogs are trained and under control at all times. Respect the rights of all users of the properties. We don’t want what happened in Rhode Island to become contagious!
Around the Nation
Legislation That Affects You
CALIFORNIA - AB2513 effectively died on May 27, when sponsor Asm. Levine moved the bill to the "inactive file" rather than push for a vote on the Assembly floor. May 28th was the deadline for California bills to have passed their house of origin, so AB 2513 may not be considered again this session. Among its restrictive provisions, the bill would have required municipalities to impose expensive permits on sellers of unaltered dogs.
Legislation proposing breeder or seller permits has been introduced in California in various forms over the past several years. Fanciers should remain on the lookout for the introduction of similar bills in the 2004-05 session. In the meantime, however, purebred dog owners should be proud of their successful lobbying efforts. Congratulations! For more information, please visit the AKC’s Web site (www.akc.org) or contact Sharon Coleman (sharonacoleman@compuserve.com).
COLORADO – Governor Owens signed H1261 on June 4. The new law requires owners under investigation for neglect, abuse, cruelty to animals or unlawful ownership of a dangerous dog to obtain a financial bond to cover the cost of holding an impounded animal. Under the law, a dog under investigation as dangerous that has not been claimed by its owner within five days after it is eligible for release shall be declared abandoned and may be disposed of at the discretion of animal control.
- The governor also signed S207 on June 4. The law authorizes the Commissioner of Agriculture to deny the renewal of a pet animal facility license to people with unpaid civil penalties under the "Pet Animal Care and Facilities Act." It also reestablishes the Pet Overpopulation Fund voluntary contribution program.
CONNECTICUT – Governor Rowland signed H5452 on May 10. The new law allows guide and therapy dogs and their owners/trainers access to public transportation and accommodations including malls and restaurants.
– H5606 was signed by Gov. Rowland on June 8. The law, effective October 1, 2004, provides that cat and dog owners may seek civil and punitive damages against any individual who has intentionally injured or killed their pet. Exemptions are provided for veterinarians, animal control officers, and animal rescue groups when acting within their prescribed duties.
– S62 was also signed by the governor on June 8. The act provides benefits and protection for canine search and rescue teams and includes a provision that allows state employees who are active members of a volunteer canine search and rescue team to take time off work to assist with rescue efforts without losing pay or vacation time.
DELAWARE – Rep. Wagner’s H350 was amended by the House Committee on Revenue and Finance. The amendment lowers the bill’s proposed tax credit from $100 to $25 for residents who have their pets spayed and neutered.
– H392, sponsored by Rep. Cathcart, increases the state’s penalties for animal cruelty offenses. The bill was amended in the House and now provides that a crime of cruelty to animals is a Class A misdemeanor punishable by a fine of up to $2300 and up to 40 hours of community service in a program benefiting animal welfare. Subsequent offenses within three years will carry a fine of up to $5000 and at least 60 days in jail. Intentional cruelty resulting in the serious injury or death of an animal is categorized as a Class F felony. Those convicted of such a crime will face a fine up to $10,000 and up to 160 hours of community service with an animal welfare program. Subsequent offenses within three years will carry a $25,000 fine and at least one-year in jail. H392 was referred to the Senate Committee on Judiciary.
– Rep. Schwartzkopf’s H398 passed the Senate and is eligible for the governor’s desk. The bill gives municipalities the option to permit dogs on their beaches, thereby exempting them from an existing law banning dogs from such areas.
ILLINOIS – Sen. Harmon’s SR500 passed the Senate. The resolution creates the "Dog and Cat Overpopulation Advisory Committee." SR500 allows for one dog or cat owner to serve on the committee, and AKC urges concerned Illinois fanciers to volunteer.
IDAHO – In May, Hagerman officials approved fines for owners who allow their animals to run at large. Violators face a fine of $25 for a first offense. Additional offenses within a 12-month period will carry fines of $50 and $100 for third and subsequent violations. Money generated by the fines will be used to cover impound costs.
IOWA – Officials in Council Bluffs are considering breed-specific legislation regulating pit bull ownership. The Canine Legislation department sent a letter of opposition to the mayor and city council and materials to concerned dog owners. For further information contact Darlene Kofoed (koladachows@cox.net).
KANSAS – The Salina City Council is considering revisions to its dangerous dog ordinance including a possible "pit bull" ban. The Canine Legislation department sent a letter of opposition to the mayor and city council as well as materials to area dog owners.
KENTUCKY – Bracken County is considering a breed-specific dangerous dog ordinance that would ban ownership of "pit bulls." AKC sent a letter of opposition and materials to county officials in June.
MASSACHUSETTS – A breeder regulation amendment to the Massachusetts House budget bill was held in conference, which means it has been left out of the final conference committee budget sent to the governor. The amendment, proposed by Rep. Kujawski, requires any breeder or organization that sells more than five litters per year to register with and report the sale to the Department of Agriculture. The amendment further requires breeders to report the buyer’s name, address and date of sale. Violators are subject to fines of $500 for each failure to report the birth or sale of the animal.
The conference committee can now either take no action on the amendment (effectively killing it) or release it for individual vote. The Massachusetts Federation of Dog Clubs and Responsible Dog Owners is urging fanciers who are constituents of the Budget Committee to once again contact the members and thank them for not including the breeder amendment in the final budget. Additionally, dog owners should ask the members to allow the amendment to die in committee and to refrain from releasing it for individual vote. Please visit http://www.akc.org/news/index.cfm?article_id=2145 for more information or contact the federation (jrembrandtseeley@aol.com).
– Rep. Garry’s H674 establishes a commission to study the state’s animal statutes. The bill provides that the commission be composed of only legislators. The Massachusetts Federation of Dog Clubs and Responsible Dog Owners sent a letter to Rep. Garry suggesting the inclusion of animal professionals to the commission. H674 was referred to the House Committee on Rules.
– H1056, sponsored by Rep. Donovan, provides that a dog that attacks a child and causes injury will be destroyed at the discretion of the animal control officer. The Massachusetts Federation of Dog Clubs and Responsible Dog Owners opposes the bill as it makes no exceptions for dogs acting in self-defense. H1056 was referred to the House for a second reading in May. For more information, contact the federation (jrembrandtseeley@aol.com).
– Rep. Hill’s H4033, which would preclude municipalities from enacting breed-specific legislation, was referred to the House for a second reading. The bill also amends the dangerous dog law by redefining a "vicious dog" as any dog that when unprovoked, inflicts severe injury or kills a human being. H4033 further defines a "potentially dangerous dog" as any dog, which when unprovoked, menaces, attacks or injures a domestic animal on two separate occasions within a three-year period. Massachusetts fanciers support many provisions in the bill but have concerns about the potentially dangerous classification, particularly the use of the term menacing given the fact that dogs and cats often "menace" each other out of natural instinct with no real threat of danger. Fanciers instead support the adoption of specific, measurable criteria of actions qualifying as potentially dangerous.
– Concerned dog owners and fanciers continue to oppose a breed-specific ordinance in Boston. If enacted, the measure would require residents to spay/neuter their "pit bulls," register them with the city at a cost of $50 annually, limit residents to a total of two pit bulls, and require owners to display a sign on their property stating a pit bull is located on the premises. Dogs must also be leashed and muzzled when in public. Violators will be subject to a $100 fine. Exemptions are provided for animals participating in contests, shows or exhibitions within city limits, but animals may not remain in the city for more than two weeks. AKC sent a letter of opposition to the city council and encourages concerned dog owners to do the same. For more information, contact Lisa Quinn (gogetmgidget@comcast.net) or the Massachusetts Federation of Dog Clubs and Responsible Dog Owners (jrembrandtseeley@aol.com).
MISSISSIPPI – Gov. Barbour vetoed H797 on May 14. The bill authorized officials in Union County to adopt ordinances regulating animals running at large or causing a public nuisance. H797 also provided that animal control or county agents were exempt from liability in the death of animal as long as the agent used minimal care.
MISSOURI – In June, Kansas City officials unanimously approved legislation that reduces from 25 to 10 the number of animals hobby kennel license and rescue license holders may keep. Permits cost $100 and will place undue financial burden on responsible breeders, pet owners and rescuers. The Canine Legislation department sent a letter of opposition to the mayor and city council. For more information, contact the Greater Kansas City Dog Training Club (krohndog@swbell.net).
– The Springfield City Council approved a vicious dog ordinance in May. The ordinance allows judges to impose restrictions on threatening or visibly violent dogs before an attack occurs. Under the new law, judges may also require owners of dangerous dogs to microchip, muzzle, neuter, cage or euthanize their dog based evidence presented in court.
NEW HAMPSHIRE – Gov. Benson signed S399 on May 17. The new law clarifies that standards for pet shops also apply to "commercial kennels," defined as those that sell or transfer 10 or more litters or 50 puppies per year. The law also increases license fees for pet shops and commercial kennels.
NEW JERSEY – Asm. Van Drew has withdrawn A2324 from consideration. The AKC and New Jersey fanciers opposed the bill, which required any individual who sells ten or more animals per year to register with and be regulated by their municipality.
Concerned fanciers and dog owners from across the state mobilized quickly and worked to contact members of the Assembly to voice their opposition to the bill. (Please see story at left for additional details.) Their efforts paid off in early June when Asm. Van Drew pledged to work with the fancy on alternative legislation. This victory is a wonderful example of how effective members of the fancy can be when they work together. Congratulations to all on this successful campaign and keep up the good work! For more information, contact the New Jersey Federation of Dog Clubs (http://www.njfederationofdogclubs.org).
– Asm. Chiappone is sponsoring A2852, a bill that expands the state’s Fish and Game Council from 11 to 13 members and requires the governor to appoint five animal rights activists to the agency. The bill also reduces the number of sportsmen on the council from six to two and the number of farmers from three to two. A2852 has been referred to the Assembly Committee on Agriculture and Natural Resources.
– The Borough of Manville is considering revisions to its animal control law including provisions for noise nuisances and limiting the number of animals residents may own. The Canine Legislation department sent a letter of opposition and materials to borough officials.
NEW YORK – Asm. Lentol’s A1432 authorizes the director of the Department on Aging to establish and manage a "senior pet companionship" program to match seniors with pets. The bill also provides for instruction on the treatment and protection of animals, and education for seniors and public school students. The bill was referred to the Assembly Committee on Way and Means.
– Asm. Tonko’s A6635 was amended by the Assembly Committee on Codes. Amendments to the bill include the removal a dangerous dog registry provision, the creation of a dangerous dog advisory board, and a requirement for owners of dangerous dogs to notify the municipal clerk so that emergency personnel can be made aware of the dog’s presence. A6635 still makes the owner of a dangerous dog that has attacked a person, companion animal or farm animal strictly liable for medical costs caused by the attack. The bill was referred to the Assembly Committee on Codes. A companion bill, Sen. Maziarz’s S5910, was similarly amended by the Senate Committee on Consumer Affairs and Protection.
– A8063, sponsored by Asm. Scarborough, was referred to the Assembly Committee on Codes. The bill establishes a statewide registry for dangerous dogs with a registration fee of $25 per dog. A8063 also creates a dangerous dog advisory board and allows for one member of the public to serve on the five-member board.
– A10234, sponsored by Asm. John, increases civil penalties in cases of a dog attack on a person or service, guide or hearing dog. Attacks resulting in injury will carry a fine of up to $800, and an attack resulting in serious injury will carry a fine of up to $1200. The Assembly Committee on Agriculture amended A10234 to define a serious injury as one that causes disfigurement or creates the risk of or causes death. A companion bill, Sen. Flannagan’s S7088, was similarly amended on the Senate floor.
– Led by Councilman Frank Vallone, several New York City Council members have drafted Resolution 402, which calls for the New York State Legislature to repeal existing law prohibiting municipalities from enacting breed-specific legislation. City officials drafted the measure with a view toward banning the sale or ownership of "dangerous dogs," including "pit bulls." AKC is working with Responsible Dog Owners Association of New York to oppose the resolution and will encourage legislators to enact dangerous dog laws that penalize only irresponsible owners. For more information contact, Responsible Dog Owners Association of New York (lettis@webtv.net).
NORTH CAROLINA – The deadline for introduction of bills to be considered by North Carolina’s General Assembly passed without a word about the long-debated "Animal Protection Act." The draft legislation, which resulted from nearly a year’s worth of work by the House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals, included a proposed tax on pet food that was meant to generate funds for low-cost spay/neuter programs and shelter renovations. The measure originally included several breeding restrictions, including mandatory sterilization and differential licensing for unaltered animals, which AKC and North Carolina fanciers fought tirelessly to oppose.
It is likely that the "Animal Protection Act" will return in some form next year. Purebred dog owners are strongly urged to use the coming months to strengthen their grassroots networks and to work with their state and local legislators. The Canine Legislation department will continue to keep fanciers updated on any new developments.
– Buncombe County officials are considering an animal control ordinance that limits the number of animals residents may own. AKC sent a letter of opposition and materials to the Board of Commissioners and encourages local fanciers to follow suit. For more information, contact Marta Stoneman, Asheville Kennel Club (mstoneman@worldnet.att.net).
OHIO – Rep. Collier’s H369 is eligible for the governor’s desk. The bill renames "handicapped assistance dogs" as "service dogs." H369 also requires offenders who harass or injure police or service dogs to pay resulting veterinary, replacement, and training costs. Stealing a police or service dog is punishable as a third degree felony.
OKLAHOMA – S1402 became law in May. The law prohibits interference with, injuring or harming of service dogs. Conviction of such a crime carries a penalty of up to one year in jail and/or a fine of up to $1000.
PENNSYLVANIA – Allegheny County dogs and their owners will soon be able to play in four new off-leash areas in local parks. The dog parks will be constructed by late summer.
RHODE ISLAND – The House Committee on Corporations recommended Sen. McBurney’s S2151 in May. The bill authorizes the City of Pawtucket to enforce an ordinance prohibiting the future ownership of "pit bulls" and imposes higher-than-average license fees for existing owners.
– The Senate Committee on Constitutional Gaming Issues recommended that Rep. Kilmartin’s H7323 be held for further study. The bill required that dangerous dogs be leashed an muzzled when off the owner’s property and that owners must notify police within two hours of a dangerous dog escape. H7323 also provided that microchips could be used in lieu of tattoos for identification purposes.
– Rep. Menard’s H8475 became law in June. The new law authorizes the Lincoln Town Council to permit animal control and law officers to issue citations to dog owners for violating animal control ordinances. Violators will be fined $25 for a first offense, $50 for a second offense, and $125 for the third and each subsequent offense.
TENNESSEE – H3229 was signed by Gov. Bredesen on May 24. The new law requires owners to obtain rabies vaccinations for dogs and cats over the age of six months. Violations are punishable as a Class C misdemeanor.
– Rep. McMillan’s H3458 was sent to the governor in May. The bill amends the definition of aggravated cruelty to include failure to provide food and water to a companion animal resulting in substantial injury or death.
TEXAS – The Responsible Pet Owners Alliance reports that the Corpus Christi is considering changes to its animal control code that include differential licensing and breeder permits. The Canine Legislation department is working with local fanciers to oppose the measure.
VERMONT – Gov. Douglas signed S100 on May 19. The new law amends the definition of aggravated cruelty to include intentionally causing an animal undue pain, or intentionally torturing, mutilating or beating an animal. The law further defines adequate shelter and requires that dogs living outdoors must be provided with suitable housing that assures the dog is protected from wind and draft, and from excessive sun, rain, and other environmental hazards throughout the year.
WEST VIRGINIA – Bluefield officials are considering an animal control ordinance that includes mandatory spay/neuter, breeder licensing and pet limits. The Canine Legislation department sent materials and a letter of opposition to the mayor and town board of directors. For more information, contact the Magic Valley Kennel Club (ellipsisengsett@hotmail.com).
AUSTRIA – In May, lawmakers voted unanimously to enact an anticruelty law that includes bans on ear cropping and tail docking, as well as the use of choke collars and invisible fences. The law, which takes effect in January 2005, also calls for an animal rights ombudsman to oversee the treatment of animals on farms and in zoos, circuses and pet shops.
Correction:
The June issue of Taking Command mistakenly reported that H1007, signed by Gov. Warner in April, prevents insurance companies from denying coverage based on a dog’s breed. While this provision was originally included in the bill, it was later removed. The new law allows insurance providers, with the policyholder’s consent, to exclude injuries from coverage if they were inflicted by a dangerous animal owned by the policy holder. We apologize for the error.
New Jersey Fanciers Meet to Combat Anti-Dog Laws
Purebred dog owners in New Jersey have tackled a slew of restrictive canine legislation in the past few years. When A2324 was amended earlier this year to include breeder regulation, however, fanciers decided to make a stand with other animal organizations in the state. On Tuesday, June 8th, over 150 people met in Edison to discuss ways they could work together in support of their right to own, breed, exhibit and hunt with their animals. Organized by NAIA Trust member Marjorie Martorella, in conjunction with the Newton Kennel Club, the meeting gave concerned animal owners an opportunity to discuss strategies for combating A2324 as well as numerous other platforms put forth by extreme animal rights groups in the state. Speakers included Jayne Mackta, President of the NJ Association for Biomedical Research and NAIA Trust; Larry S. Katz, Assistant Professor Animal Science & Chair of the Animal Science Dept. at Rutgers University and NAIA Trust, Joan Tabor of the New Jersey Federation of Dog Clubs, and several officers and Legislative Liaisons from AKC-affiliated clubs. A diverse group of animal organizations were also represented among the attendees, including Cat Fanciers Association, American Dog Owners Association and the New Jersey Veterinary Medical Association.
Bringing together dog fanciers, cat fanciers, and concerned animal owners from all over the state is a proactive way to ensure that these responsible individuals have a loud, strong voice in their government. Kudos to New Jersey residents on this important step in your legislative program!
Got E-mail?
The Canine Legislation department wants to hear from you! We will begin distributing Taking Command via e-mail this summer. We will also continue to mail copies of the print edition until fall when we will begin distributing the newsletter by electronic means only. The new format, which will be sent to your inbox each month, will still keep you informed of legislation across the country but in a more timely manner that will help you stay abreast of the latest issues facing purebred dog owners.
Make sure you don’t miss a single edition! Please send us your e-mail address by September 30th. We look forward to hearing from you. Thanks to all who have already sent their addresses!
