Editor's Note
With growing frequency, Legislative Liaisons are finding that the Internet can be a friend or a foe. On the positive side, e-mail allows us to share alerts and calls to action instantly, and on a broader scope than ever before. Subscription chat lists give concerned fanciers an opportunity to share ideas and strategies in a round table manner even if they live on separate coasts. Web sites offer invaluable resources where Liaisons can research bills and find contact information for their elected officials.
While the Internet allows fanciers to stay in touch and keep each other informed about our activities, it also allows our opposition to know our every move. There are times when a quieter, grassroots campaign may be more effective for your group, and in those instances we must be mindful of how we use electronic communication. Similarly, we must recognize that while e-mail is an effective tool for disseminating information quickly, it can relay incorrect details just as rapidly. If you are ever in doubt about a message or alert you have received, please don't hesitate to contact the Canine Legislation department. We'll do our best to clarify, debunk, or research the situation for you!
Regards,
New Colorado Law Prohibits BSL
The hard work and dedication of the Colorado Federation of Dog Clubs, purebred dog fanciers, responsible dog owners and animal organizations throughout the state paid off on April 27th when Governor Bill Owens signed Rep. Debbie Stafford's H1279 into law. Thanks to the tireless efforts of these groups, the bill's provision prohibiting municipalities from enacting breed-specific legislation survived a host of challenges as it moved through the House and Senate. The new law also holds dog owners liable if their animal bites someone, even if it is the first time the dog acted aggressively.
Colorado Federation of Dog Clubs representative Lisa Wentzel said the group ran a "lean and mean" campaign to support the bill. Following recent dog attacks in the state, the federation's lobbyist, Janet Fox Stephens, began working with legislators to find common ground on dangerous dog laws. Wentzel said, "Janet's daily presence at the Legislature and her knowledge of the legislative process were key to the effort's success." Once Rep. Stafford's bill was introduced, the Colorado Federation of Dog Clubs worked to get the word out to its members, provided them with talking points on breed-specific legislation, and encouraged them to contact legislators in support of the bill. The federation acted as a "fire alarm" for its members once again when the preemptive clause was removed from the bill in the Senate. Members responded with a flood of calls, emails and letters urging legislators to put the provision back into the bill. Their voices, along with countless others lobbying in support of the bill, were heard and H1279 made its way to the governor's desk with the provision intact.
In spite of this success, challenges remain. In May, officials in Denver, which enacted a breed-specific dangerous dog ordinance in 1989, filed a lawsuit claiming the new law is unconstitutional and interferes with city's "home-rule" authority to regulate animals in any manner it chooses. It is unclear at this time what the outcome will be, but AKC will provide updates as they become available.
The passage of H1279 represents a significant victory for Colorado fanciers and responsible dog owners. Their successful efforts make Colorado the twelfth state to protect dog owners from breed-specific dangerous dog laws. The Canine Legislation department extends congratulations to everyone who contributed to this important victory!
For more information, contact the Colorado Federation of Dog Clubs (lwentzel@msn.com).
Around the Nation
Legislation That Affects You
ARIZONA - Gov. Napolitano signed H2573 on May 3. The new law increases the penalty for dog fighting if the animal is stolen to a Class 6 felony.
CALIFORNIA - Sponsored by Asm. Levine, AB2513 establishes the "Humane Control of Dog and Cat Overpopulation Act of 2004." The bill:
· Prohibits the sale of unaltered dogs and cats unless the seller has obtained a permit.
· Creates two types of permits. The first would be for a "Class 1 Seller," defined as anyone who sells three or more litters of unaltered dogs or cats, or 20 or more individual intact animals. Such a permit will cost $1000. For a "Class 2 Seller," defined as anyone who sells fewer than the above, the permit fee will be $250.
· Prohibits sellers from transferring animals until they are 8 weeks old. Sellers will further be required to display their permit number and to provide buyers with information about animals' health and immunization history.
Fines for violation could reach up to three times the amount of the permit fee. AB2513 would also make it a crime, punishable by a $200 fine, to sell an intact animal on public property, a place of business that is not owned by the seller, or at a swap meet or public sales event or to sell an intact animal to anyone under 18 without written permission from a parent or guardian.
Despite opposition from AKC and California fanciers, the bill passed the Assembly Committee on Appropriations in May before moving to the full Assembly. As this newsletter goes to press, AKC is urging all fanciers to contact their Assemblyman and ask him or her to vote "No" or refrain from voting on AB2513. Additionally, the Canine Legislation department sent statements of opposition to each Assemblymember. By law, the bill must pass its house of origin by May 28th or it will die. Please visit the AKC's Web site for the latest status on AB2513 or contact Sharon Coleman (sharonacoleman@compuserve.com).
-- Asm. Pavley's A1801 passed the House and now moves to the Senate. The bill increases penalties and fines for interfering with or causing the injury or death of a "guide, signal or service" dog. Such offenses would be punishable by imprisonment for up to one year and a fine not exceeding $5000.
r failing to pass the Assembly Committee on Insurance, Asm. Liu's A2399 is likely dead but could come up for another vote after being granted re
- Afteconsideration by the Committee. The bill prohibits insurance companies from discriminating against homeowners based on the breed of dog they own. A2399 also requires that a discount be granted if the dog has received AKC Canine Good Citizen certification.
- Oakland Officials continue to consider a proposal that limits households to a total of four dogs. The Canine Legislation sent a statement of opposition to the mayor and city council and encourages local dog owners to do the same.
COLORADO - Rep. Lee's H1261 is eligible for the governor's desk. The bill 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 measure, a dog under investigation as a dangerous that has not been claimed by its owner within five days after it is eligible for release shall be deemed abandoned and may be disposed of as the animal control agency deems appropriate.
- Following the enactment of H1279, Denver officials filed a lawsuit against the state to protect the city's ban on "pit bulls" and its right to home-rule under the state constitution. The new law, signed by Governor Owens in April, prohibits local governments from banning specific dog breeds. AKC and local fanciers will continue to monitor the situation closely. For more information, visit our Web site for updates or contact the Colorado Federation of Dog Clubs (lwentzel@msn.com). Please refer to our feature story on page 1.
DELAWARE - Sponsored by Rep. Cathcart, H392 increases the state's penalties for animal cruelty offenses. The bill provides that a crime of cruelty to animals is a Class A misdemeanor punishable by a fine of $2300 and up to 40 hours of community service. Subsequent offenses within three years will result in a $5000 fine and up to 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 of $10,000 and up to 160 hours of community service. Subsequent offenses within three years will carry a $25,000 fine and one year in jail. The House Committee on Judiciary reported H392 without recommendation.
FLORIDA - Rep. Culp's H1637 died in committee. The bill increased criminal penalties for acts of animal cruelty. H1637 provided that a crime of intentional cruelty resulting in the injury or death of an animal was punishable as a second-degree felony and carried a fine of up to $10,000.
- S1366 and its companion, 211, died in committee. However, text from the bills, which established an "Animal Friend" license plate, was added at the last minute to a larger specialty license plate bill. The measure was rushed through both the House and Senate before the legislature adjourned on May 1 and is now eligible for the governor's signature. The original bills concerned Florida fanciers because funds generated from the sales of the animal plate were to be used for spay/neuter programs managed by a Board that did not include representation for responsible dog owners and breeders. The newly approved bill now directs any funds generated beyond the $60,000 administration costs to go to the Humane Society of the United States for animal welfare programs in the state. Purebred dog owners are extremely concerned about this provision but have little immediate recourse. The Governor may not use a line-item veto in this circumstance and he will not veto the bill as it establishes license plates for a host of special interest groups. For more information, contact Diane Albers (dja0218@aol.com).
- S3058, sponsored by Sen. Aronberg, died in committee. The bill expanded Florida's existing "puppy lemon" law. S3058 required pet dealers to provide buyers with an "animal purchase disclosure" giving specific details about the animal, its breeder, veterinary history and whether or not it could be registered. (Existing Florida law defines pet dealers as those who sell or exchange more than two litters or 20 dogs or cats per year.) The bill placed other onerous requirements on pet dealers including installation of sprinklers or fire alarms. S3058 further required dealers to provide registration documents within 120 days of sale. Violators were subject to fines starting at $1000 and prohibition of selling animals for 30 days. A companion bill, Rep. Sobels's H1173, also died in committee. Congratulations to concerned Florida fanciers who worked to oppose this legislation.
- The Plantation City Council voted against a breed-specific dangerous dog ordinance in May. The proposal automatically deemed American Pit Bull Terriers, American Staffordshire Terriers, and Staffordshire Bull Terriers dangerous dogs. AKC sent a letter of opposition and materials to city officials.
- Officials in Winter Springs are considering limiting the number of dogs and cats a resident may own. The city currently follows Seminole County's animal control ordinance, which does not have a pet limit. The Canine Legislation department sent a letter of opposition and materials to the mayor and city council. For more information, contact Diane Albers (dja0218@aol.com).
ILLINOIS - Sen. Harmon has introduced SR500. The resolution creates the "Dog and Cat Overpopulation Advisory Committee." SR500 allows for one dog or cat owner to serve on the committee that will study the issues relating to dog and cat "overpopulation." The resolution was referred to the Senate Rules Committee.
IOWA - H2480 was signed by Governor Vilsack on April 26. The new law provides that it is a misdemeanor to award a pet or advertise that a pet may be awarded as a prize for participating in a game, fair event, or business promotion. The law does not apply to the sale of pets by licensed pet shops, farms, or outdoor recreation organizations.
KENTUCKY - Governor Fletcher signed S133 on April 22. The new law revises procedures governing the humane treatment of animals, rabies vaccination requirements, and the licensing of veterinarians. The law also provides for the creation of the "Animal Control and Care Fund" to support animal programs across the state.
MAINE - H1285 was signed by Gov. Baldacci on May 6. The new law establishes the "Companion Animal Sterilization Program" to fund low-cost spay/neuter for animals adopted from shelters. Owners will pay $30 to participating veterinarians. Qualifying low-income owners will pay $15. The program will be funded primarily by voluntary donations on state tax returns. The law also creates the "Companion Animal Overpopulation Committee." The Committee, which will study pet overpopulation in Maine, will be comprised of legislators, administrators, veterinarians, and representatives from humane societies, municipalities and dog and cat breeders.
MARYLAND - Gov. Ehrlich signed H24 and its companion bill, S365, on April 27. The laws prohibit individuals from knowingly attending, participating in, or training animals for use in dog fighting or cockfighting. Individuals found guilty of attending such an event will be subject to up to 90 days in jail and a fine not exceeding $1,000. An offense of participating in such events will be punishable by up to three years in jail and/or a fine up to $5,000.
- Officials in Prince George's County are considering the repeal of the county's "pit bull" ban enacted in 1996. A proposed bill lifts the ban and focuses on a dog's behavior instead of its breed. AKC sent a letter of support and materials to county council members, and we urge local fanciers to do the same. For more information, contact Adrianne Lefkowitz, Maryland Dog Federation (301-693-2256 or euniverz@aol.com). The federation has been actively working for several years to have the ban repealed. Keep up the good work!
MASSACHUSETTS - Having been unsuccessful at pushing through an onerous commercial breeder bill (H4537)earlier this year, Rep. Kujawski was able to add a last-minute amendment to the House budget bill before it was sent to the Senate. The House version of the budget bill now requires:
· Any breeder or breeder's organization who breeds or sells more than five litters of puppies or kittens per year to register with the Department of Agriculture Resources and report the sale of such animals to the department.
· Registered breeders to report the name and address of the buyer and the date of sale.
· The Department of Agriculture to promulgate rules and regulations at the earliest possible convenience to insure compliance.
Failure to comply will result in a fine of $500 for each failure to report the birth of an animal and $500 for each sale. As this newsletter goes to press, the Senate is debating its version of the budget bill, but strong lobbying by Massachusetts fanciers may prevent the breeder amendment from being added. A conference committee will be established to reconcile the differences between the two bills, and Massachusetts fanciers will continue to push for the breeder amendment to be dropped. For more information on how you can help, please contact the Massachusetts Federation of Dog Clubs (jrembrandtseeley@aol.com).
- Despite continued opposition from concerned dog owners and fanciers, Boston legislators appear resolute in their support of a breed-specific ordinance. If enacted, the measure would:
· Require residents to register their "pit bulls" with the city at a cost of $50 annually. Pit bulls are defined as American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, or any mix of those breeds.
· Limit residents to a total of two pit bulls.
· 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 and the pit bull will be immediately impounded. 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).
MINNESOTA - S1614 was signed by Governor Granholm on April 19. The new law provides that a court may order an owner found guilty of intentionally or negligently allowing their dog to injure or kill a service dog to pay restitution to the service dog's owner.
NEW HAMPSHIRE - S372, sponsored by Sen. Roberge, died when it failed to pass the House. The bill defined "necessary shelter" that owners must provide for their dogs. Requirements included a wind- and moisture-proof structure that had four walls, a roof and a raised floor, along with bedding and drainage.
-Sen. Roberge's S399 is eligible for the governor's desk. The bill clarifies that standards that apply to pet shops also apply to "commercial kennels," defined as those that sell 10 or more litters or 50 puppies per year. The bill further increases license fees for pet shops and commercial kennels. For more information contact, Dog Owners of the Granite State (sidecarpup@netscape.net).
- Sen. Estabrook's S417 failed to pass the House in April. The bill required medical personnel to report dog bite cases and increased penalties for owners of vicious dogs.
- Gov. Benson signed S457 on May 3. The law prohibits animals imported to shelters from other states from participating in New Hampshire's low-cost spay/neuter programs.
NEW JERSEY - New Jersey fanciers and AKC are extremely concerned about Asm. Van Drew's A2324. As amended by the Assembly Agriculture Committee, A2324 now requires any individual who sells ten or more animals per year to register with their municipality. Cities and counties will be authorized to charge a fee for the registration and to establish additional regulations for sellers.
A2324 will be a bureaucratic nightmare for municipal governments whose staff and budgets are already stretched to the limit. Paperwork, accounting, and enforcement responsibilities will mean time and tax dollars being diverted from other critical services. A2324 will further punish responsible breeders, those who work the hardest to provide healthy, well-socialized puppies to pet buyers. These caring individuals should not be forced to comply with new laws while existing animal care and control laws go unenforced against irresponsible owners. AKC encourages concerned fanciers to Contact their Assemblymember and urge him or her to oppose A2324. To find your legislator's contact information, visit http://www.njleg.state.nj.us/members/legsearch.asp. For more information, please visit AKC's Web site for updates or contact the New Jersey Federation of Dog Clubs (http://www.njfederationofdogclubs.org).
- Asm. Caraballo's A2570 prohibits landlords from denying housing to pet owners as long as the tenant maintains proper care and control of the animal. An amendment from the Assembly Committee on Housing and Local Government exempts certain landlords or properties including single-family or two-family rental homes, buildings with four or fewer units, and seasonal rental property. The committee recommended A2570 as amended.
- A2680, sponsored by Asm. Manzo, prohibits the sale of any dog by a kennel, pet shop or other retail establishment without providing the name, address and phone number of the seller. Violators are subject to a fine of $500 for each violation. A2680 was referred to the Assembly Committee on Agriculture and Natural Resources.
- Asm. Chiappone is sponsoring A2709, a bill that would ultimately require owners who use invisible fencing as a pet containment device to post signs indicating the fence is in place. The bill was referred to the Assembly Committee on Housing and Local Government.
- Asm. Wolfe's A2794 increases penalties for acts of animal cruelty. A crime of intentional cruelty resulting in the injury or death of an animal would be a crime of the fourth degree, punishable by up to 18 months in jail and a fine of up to $10,000. If the animal was injured or killed during the commission of a crime, the offense would be punishable as crime of the third degree, which carries a penalty of up to five years in jail and a fine of up to $15,000. The bill also provides for civil penalties up to $15,000. A2794 was referred to the Assembly Committee on Agriculture and Natural Resources.
- Before AKC or local fanciers were aware, the Borough of Wanaque officials approved a proposal to adds the term "guardian" to the municipal code. The measure also limits residents to a total of three cats or dogs unless they are licensed as a kennel, pet shop, or shelter. A grandfather clause applies to residents currently over the limit. AKC sent a letter urging borough officials to repeal the changes and encourages concerned dog owners to do the same.
NEW YORK - Asm. Tonko's A6635 was referred to the Assembly Committee on Codes. The bill amends the existing dangerous dog law to exempt from civil liability individuals that kill a dog found attacking a person or companion animal. Additionally, A6635 establishes a dangerous dog registry with a registration fee of $50, and also creates a dangerous dog advisory board. The bill further provides that the owner of a dangerous dog that has attacked a person or companion or farm animal is strictly liable for medical costs caused by the attack. A6635 provides exemptions for animals acting in self-defense.
- The Assembly Committee on Agriculture amended Asm. Manning's A9389. Language allowing municipalities to enact breed-specific legislation was removed. The bill now provides that a dog and its owner will be granted a hearing to determine if the dog should be declared dangerous following the first bite of an animal or person. A9389 also requires that dogs classified as dangerous by a judge must have their information placed with the E911 system, and the owner of a registered dangerous dog must re-register the animal if he or she moves to a new location.
- Asm. Rivera's A10169 was amended by the Assembly Committee on Agriculture to prohibit insurance providers from discriminating against homeowners based on the breed of dog they own. However, the bill still removes the state's preemptive clause which prohibits breed-specific legislation. A10169 requires all owners with dogs over four months old to obtain liability insurance regardless of past behavior and requires owners to provide proof of insurance when obtaining a dog license. Owners who do not license or insure their dogs will face fines beginning at $100. A10169 also provides that the state agriculture commissioner may designate certain breeds as dangerous. The bill additionally requires that any person or entity who sells or adopts out four or more dogs per year to inform new owners about licensing and insurance requirements, obtain proof of licensing and insurance prior to the transfer or the animal, and post a listing of breeds deemed dangerous by the Commissioner. Violators will face fines of $250. AKC opposes this bill and urges concerned dog owners to contact their Assemblymember to voice their opposition. For more information, contact the Responsible Dog Owners Association of New York (lettis@webtv.net) or the Long Island Coalition of Dog Fanciers (sutops@aol.com).
- Sen. McGee is sponsoring S7011, a bill that exempts societies for the prevention of cruelty to animals and their agents from criminal prosecution or liability for damages incurred while carrying out their prescribed duties. The provision does not apply in cases of negligence or misconduct. S7011 was referred to the Senate Committee on Consumer Protection.
- S7088, sponsored by Sen. Flannagan, was referred to the Senate Committee on Consumer Protection. The bill increases penalties for an owner who allows his/her dog to bite attack a service dog. The civil penalty for such an offense when the bite or attack causes injury may not exceed $800 in addition to other applicable penalties. In cases of severe injury, the owner would be liable for up to $1200 in addition to other applicable penalties.
NORTH CAROLINA - As this newsletter goes to press, the bill drafted by the House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals has not been introduced in the House. The bill provides for the establishment of a statewide low-cost spay/neuter program through funds generated by a tax on pet food. AKC will provide updates on our Web site as they become available.
- In April, Archdale officials voted to strengthen the city's animal control laws. Changes include a classification for "public nuisance" dogs, provisions for the impoundment of dangerous or vicious dogs and an increase from $25 to $50 for animal control violations. Owners of public nuisance or dangerous dogs face a fine of $100. Public nuisance dogs are defined as those that constantly bark, run at large, and damage property.
- After strong opposition from concerned pet owners, Currituck County Commissioners have tabled an ordinance that limited residents to or four dogs or cats per household. County officials are now studying more effective ways to curb animal abuse and neglect. For more information, contact Mary Baker (bakerdzn@mindspring.com).
OREGON - An ordinance limiting animal ownership in Clackamas County takes effect on July 25. The measure places a ten-dog limit on properties between one and five acres and a five-dog limit on property smaller than one acre. A litter of puppies with the mother count as one dog until the puppies are six months old. The ordinance also includes provisions for dangerous dogs that are not breed-specific. Dogs classified as dangerous will be required to be microchipped and muzzled when in public.
SOUTH CAROLINA - Rep. Koon is sponsoring H5123, a bill that permits animal control officers access to state-owned property and private property at the request of the land owner to investigate dogs running at large. If the dogs are determined to be feral, animal officers may remove them from the property or dispose of them in the most humane manner possible. Sporting dogs engaged in tracking and retrieving activities are not considered to be at large and their owners must be allowed reasonable opportunity to retrieve their dogs without civil or criminal liability. H5123 also increases penalties for stealing or killing a domestic dog. Any person found guilty of such offenses will be subject to a fine of up to $10,000 and/or up to six months in prison. The bill was referred to the House Committee on Agriculture, Natural Resources and Environmental Affairs.
-TENNESSEE - H3458, sponsored by Rep. McMillan, amends the definition of aggravated cruelty to include failure to provide food and water to a companion animal resulting in substantial injury or death. The bill was referred to the House Committee on Finance, Ways and Means.
- Despite continued opposition from local fanciers and dog owners, a pet licensing ordinance in Columbia passed its second reading in May. The fee increase will partially fund the operating costs of a new county animal shelter. For more information contact the Maury County Kennel Club, (katie@stoneridgekennels.com).
VIRGINIA - Gov. Warner signed H1007 on April 12. The new law prohibits insurance companies from denying coverage or charging higher rates for homeowners based on the breed of dog they own. The law allows insurers, with the policyholder's consent, to exclude injuries from coverage if they were caused by a dangerous animal owned by the policyholder.
WASHINGTON - Due to overwhelming opposition form responsible dog owners, Auburn officials tabled a dangerous dog ordinance that defined any dog over 30 pounds as "potentially dangerous." Instead city council members enacted an ordinance that was not breed- or weight-specific. The ordinance includes a provision that after dog is declared potentially dangerous, its owner may be able to reverse the declaration by enrolling the dog in an obedience program, such as AKC's Canine Good Citizen Program. Congratulations to all those who worked to ensure the enactment of a fair and workable ordinance!
WISCONSIN - Gov. Doyle vetoed A423 on April 21. The bill would have limited the liability of a dog owner for high damages to only those circumstances where severe injury occurred and the owner knew the dog had previously injured someone.
UNITED STATES - H4264 would make it illegal to sponsor or exhibit an animal in a fighting venture if the animal was moved in interstate or foreign commerce. The bill further prohibits selling, buying or transporting animals for use in fights through foreign or interstate commerce. Sponsored by Rep. Green, H4264 was referred to the House Judiciary Committee.
- Sen. Akaka's S2346 amends the Animal Welfare Act to ensure that all dogs and cats used by research facilities are obtained legally. The bill defines permissible sources as registered animal shelters; licensed dealers that have bred an raised the animal; a person that has bred, raised and owned the animal for at least one year; and licensed research facilities. Violators will be subject to a $1000 fine per violation. S2346 was referred to the Senate Committee on Agriculture, Nutrition and Forestry.
Coming Soon. . .
As part of the Canine Legislation department's effort to improve our services, we are pleased to announce that 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.
We need your help to 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!
