Editor's Note
Congratulations to fanciers in Oklahoma and Virginia, who in the last month were able to stop two breeding regulation bills dead in their tracks. Their effective, organized campaigns serve as terrific models to other purebred dog owners who may face similar legislation in their own cities and states. Please see this month's feature article for more on this issue and how fanciers can protect their breeding programs.
The first few months of the year are typically the busiest of the legislative season, and 2004 has been no exception. In the Canine Legislation department, it's our job to track, monitor and positively impact the many initiatives that are introduced, but Legislative Liaisons volunteer their time and energy to this effort. Many thanks to everyone who has called or e-mailed the department in the past few weeks to alert us about new proposals or provide updates and input on pending legislation.
Regards,
Breeding Restrictions: An Imminent Threat?
When breeding restriction legislation was considered in Virginia and Oklahoma earlier this year, fanciers in those states were quick to mount strong opposition to the proposals. Overwhelmed lawmakers backed away from the issue, and responsible breeders breathed a sigh of relief. The reprieve, however, could be short-lived. Animal rights activists and other proponents of breeding bans, mandatory spay/neuter laws, differential licensing fees and other restrictions are not likely to give up the fight soon. Supporters of breeding regulations are urging both municipal and state officials to enact laws that will severely impact fanciers' abilities to continue their successful breeding programs.
With restrictive ordinances and bills popping up all over the country, what's a responsible hobby breeder to do? One of the most important things Legislative Liaisons can do is to keep alert in your communities and let the Canine Legislation department know when issues arise. Read your local paper, watch your local news, and be aware of any animal control concerns. Legislators may view breeding restrictions as a solution to a host of problems including stray dogs, overcrowding in shelters, animal cruelty or nuisance concerns. Understanding the heart of the problem early on can give fanciers an advantage in finding alternatives to solutions before negative legislation is passed.
In situations where pet population concerns really do exist, responsible hobby breeders are often blamed for the problem. In actuality, these individuals contribute healthy, quality puppies to the pet-buying public, and purebred dog owners must work hard to educate the public (and public officials) about the ways in which they are really part of the solution. Legislators may not understand how much time, attention and money breeders give to whelping a litter and to finding suitable homes for their puppies. They may know even less about our public education programs, purebred rescue efforts, obedience training classes, and other ways the fancy helps alleviate animal control problems. It's time to toot our own horn about all of the good things we do.
Despite our best efforts, however, it is likely that breeding restriction legislation will continue to be a threat in coming months. Indeed, task forces in New Jersey and North Carolina are currently studying the issue of "pet overpopulation," with a view toward recommending that breeding regulations be introduced in state legislatures. Many city and county legislatures are following suit. In order to successfully defeat such proposals, purebred dog owners must be able to put aside their differences and work together as they did in Virginia and Oklahoma. An organized, collaborative effort helps ensure that the fancy's voice is heard loud and clear when it comes to animal control concerns. One person's opinion is important, but many fanciers united behind a concise message have much greater strength and much greater chance of success.
The Canine Legislation department has materials available to help fanciers oppose breeding restrictions, from talking points to information packets and more. We can also assist by sending letters of support or opposition, posting alerts on our Web site, and sharing information in Taking Command. As a department of two, however, we must rely on you to help us keep abreast of current issues and concerns. Working together, we can help legislators understand that breeding regulations will not make animal control problems go away –– they will only ensure the extinction of responsible breeders and a quality source for puppies that the pet-buying public deserves.
Around the Nation
Legislation That Affects You
ALABAMA - Rep. Galliher's H91 requires the sterilization of all dogs and cats prior to sale or placement from animals shelters and humane societies. H91 has been referred to the House Committee on Agriculture and Forestry.
ARIZONA - Rep. Downing is sponsoring H2274, a bill that increases penalties for dog fighting if the animal is stolen. H2274 was referred to the House Committee on Judiciary.
- The House Committee on Public Institutions and Counties has recommended Rep. McClure's H2310. The bill amends the definition of a vicious animal to include attacks on other animals as well as humans. It also gives humane agents the power to seize animals they believe have been neglected or treated cruelly.
CALIFORNIA - The California Fish and Game Commission has proposed changes to sections of its Fish and Game Code, which addresses dog training and field trials. The changes clarify that it is not a violation to train dogs or hold field trials if no game birds are released or taken; provides that training a dog where no birds are killed or injured is not a take; and deletes the permit requirement to release and take game birds for training and field trials. The Canine Legislation Department supports the changes, but sent a letter to members of the Commission requesting that a provision requiring the "marking of birds" be removed. For more information contact Florence Sloane (abreojos@ix.netcom.com).
- The Pasadena City Council is considering amending its animal control ordinance by replacing "owner" with "guardian" or "owner/guardian." The AKC sent a letter of opposition to the mayor and city council. We strongly encourage local dog owners to do the same.
COLORADO - Rep. Lee's H1261 has been referred to the House Committee on Agriculture, Livestock and Natural Resources. H1261 mandates microchipping for dangerous dogs and establishes a dangerous dog registry.
- Rep. Stafford is sponsoring H1279, a bill that would hold an owner strictly liable for injuries caused by a dog regardless of whether the owner knew the dog had vicious or dangerous tendencies. The Colorado Federation of Dog Clubs believes owners should be responsible for their dogs but feels the strict liability provision -- usually reserved for ultra-hazardous or product liability cases -- should be eased, and they are working with the bill sponsor on amendments that reflect that concern. On a positive note, H1279 prohibits counties and cities from adopting breed specific dangerous dog legislation. The bill has been referred to the House Committee on Agriculture, Livestock and Natural Resources. The AKC sent a letter to the committee supporting the bill with amendments proposed by the Colorado Federation of Dog Clubs.
- City officials in Broomfield have rejected a proposed pit bull ban, instead opting to strengthen existing vicious-dog laws.
FLORIDA - Rep. Gibson's H321 was referred to both the House Committee on Judiciary and the House Committee on Health Care. H321revises the state's "Good Samaritan Act" to protect emergency management volunteers from liability if their care of people or animals results in death or injury. The bill, which also protects veterinarians, only exempts caregivers if their actions were in good faith and not malicious.
HAWAII - H2309, introduced by Rep. Evans, was referred to the House Committee on Public Safety and Military Affairs. H2309 eliminates Hawaii's "one free bite" rule and allows courts to mandate the owner of a biting dog obtain liability insurance.
- Rep. Hamakawa's H2691 establishes the crime of aggravated cruelty toward animals, punishable by a Class C felony. H2691 has been referred to the House Committee on Judiciary. A similar bill is being sponsored by Sen. Hanabusa. S2431 establishes the crime of aggravated cruelty to animals, which includes recklessly or intentionally killing a pet, punishable as a Class C felony. S2431 was referred to the Senate Committee on Judiciary and Hawaiian Affairs. The Hawaii State Legislature is currently considering several other cruelty bills.
- Sen. Brian Taniguchi's S2697 requires landlords to allow pets in apartments for residents over 55 or for residents requiring a pet for health purposes. S2697 states that landlords may impose fines if owners do not clean up after their pets.
ILLINOIS - Sen. Parke's S4137 provides that a trust for the care of one or more designated domestic animals is valid and establishes rules regarding the administration of such trusts. The bill has been referred to the House Rules Committee.
INDIANA - Rep. Young is sponsoring H1067, a bill that increases licensing fees to $3 for spayed/neutered dogs and $6 for intact dogs. H1067 also decreases the number of days to 10 an impounded dog must be kept in the shelter before being sold or euthanized. The bill has been referred to the House Committee on Ways and Means.
KANSAS - Rep. Kuether's H2598, whichamends the definition of animal cruelty to include burning or causing injury, was referred to the Joint Committee on Corrections and Juvenile Oversight.
MARYLAND - Rep. Dan Morhaim is sponsoring H112, a bill that authorizes the owner of a food service facility to determine whether to permit dogs in the facility. H112 requires that guide dogs be permitted in all customer service areas of the facility. The bill has been referred to the House Committee on Health and Government Operations.
- Sponsored by Sen. Klausmeier, S171 provides specified penalties for interfering with, stealing, injuring or killing a service animal. The penalty for such a crime would be 90 days in prison and/or a $3000 fine. A conviction of intentionally injuring or killing a service animal would result in up to 1 year in prison and/or a $6000 fine. S171, which requires the court to order restitution for the animal, has been referred to the Senate Committee on Judicial Proceedings.
MASSACHUSETTS - Officials in Dennis are considering a proposal that limits the number of dogs permitted in a household to 4 and the number of cats to 6. All households exceeding the limit would be required to purchase a $50 multiple pet permit annually. A kennel license, at a fee of $75 per year, would be required for households with 10 or more dogs older than six months. The Canine Legislation Department sent a letter of opposition to the Dennis Board of Selectmen and urges local fanciers to do the same.
MISSISSIPPI - Rep. Fleming's H102 prohibits the debarking or surgical silencing of vicious dogs. The bill would require that veterinarians obtain a written waiver from the dog's owner attesting that the dog is not vicious before the dog is debarked. H102 has been referred to the House Committee on Judiciary B. H109, also sponsored by Rep. Fleming, would allow pet owners to recover up to $5000 in civil damages from any person who intentionally, negligently or unlawfully killed their pet. H109 has been referred to the House Committee on Judiciary B.
- Sponsored by Rep. Jim Barnett, H478 revises the penalties for cruelty to animals. A first offense would be punishable by $100-1000 in fines and/or up to 1 year in jail. A second offense would be punishable as a felony and would result in a $5000 fine and/or 5 years in jail. H478 has been referred to the House Judiciary Committee. A similar bill, H740, has been sponsored by Rep. John Read. It revises the definition of cruelty to animals and outlines penalties for animal abuse. H740 has been referred to both the House Judiciary Committee and the House Committee on Agriculture.
NEW HAMPSHIRE - Rep. Fish is sponsoring H1365, a bill that imposes stronger penalties for anyone found guilty of interfering with, injuring or causing the death of a service animal or guide dog. H1365 has been referred from the House Committee on Health, Human Services and Elderly Affairs.
- Sen. Roberge is sponsoring three animal related bills. S372, which defines "necessaryshelter" for animals, has passed the Senate. S399 clarifies that the standards that apply to the retail sale of animals also apply to commercial dog breeders.The bill increases license fees for pet shops and breeders defined as those who sell 10 or more litters or 50 puppies per year. S399 has been referred to the Senate Committee on Finance. S457, whichprohibits animals imported to New Hampshire shelters from out of state from being eligible for low-cost spay neuter programs, has passed the Senate.
- Sponsored by Sen. Estabrook, S417 requires any medical personnel who provide treatment for dog bite victims to file a report with an animal control officer or city clerk. The bill also increases the penalties for owners of vicious dogs. S417 passed the Senate and now moves to the House. For more information on New Hampshire legislation, contact Joan Eversole of Dog Owners of the Granite State (sidecarpup@netscape.net).
NEW JERSEY - Asm. Green is sponsoring two dangerous dog bills. A142 amends the term "deadly weapon" to include animals. A147 establishes the crime of assault by an animal as a crime of the fourth degree, punishable by a fine not exceeding $10,000 and/or imprisonment for a term not exceeding 18 months. "Assault by animal" is elevated to a crime of the third degree if the animal causes bodily injury. A crime of the third degree is punishable by a fine of up to $15,000 and/or imprisonment for a term of three to five years. Both bills have been referred to the Assembly Committee on Judiciary.
- A1087, sponsored by Asm. Johnson, increases penalties for injuring or killing animals used in law enforcement and search and rescue. The bill makes it a crime of the third degree to kill a search and rescue dog, and a crime of the fourth degree to injure one. A companion bill, S801, has been referred to the Assembly Committee on Law and Public Safety. The bill is sponsored by Sen. Allen.
- Asm. Azzolina is sponsoring A1135, a bill that prohibits insurance providers from discriminating against homeowners based on a dog's breed. The provisions of the bill would not apply in the event that a dog is declared potentially dangerous or vicious. A1135 has been referred to the Assembly Committee on Financial Institutions and Insurance. The AKC supports this bill.
- Sponsored by Asm. Caraballo, A1437 repeals the law enforcement powers of societies for the prevention of cruelty to animals. It also requires the state to provide support to municipalities and counties in administering and enforcing animal control, animal welfare, and animal cruelty laws. A1437 has been referred to the Assembly Committee on Agriculture and Natural Resources.
- Asm. Burzichelli's A1583 expands the definition of cruelty to animals to include the use of an animal to injure another. The bill also provides for criminal and civil penalties for such crimes. An individual found guilty of such an offense would be subject to a fine between $250- $1,000 and/or be imprisoned for up to six months. A1859, sponsored by Asm. Cohen, would elevate certain animal cruelty offenses to a third degree crime and would increase civil penalties for animal cruelty. Both bills have been referred to the Assembly Committee on Agriculture and Natural Resources.
- Asm. Oliver is sponsoring A1902. The bill reduces to 60 the number of days a resident has to obtain a license for a dog brought in from out of state. The bill would also raise the penalties for violating state law concerning the licensing of dogs and of kennels, pet shops, shelters and pounds. Civil fines would range between $50 and $100, or, for certain first offenses involving dog licensing, between $25 and $75. A1902 has been referred to the Assembly Committee on Agriculture and Natural Resources.
- Two bills have been recommended by the Senate Committee on Economic Growth, Agriculture and Tourism. Sponsored by Sen. James, S84 clarifies that cruelty to animals includes the use of an animal to injure another animal. Sen. Lesniak's S191 elevates certain crimes of animal cruelty to crimes of the third degree and increases civil penalties for animal cruelty offenses.
NEW MEXICO - Sen. Garcia's S306, the "Animal Protective Services Act," promotes humane conditions and euthanasia practices for animals housed in shelter facilities. The bill originally established an Animal Protective Services Board, which would be empowered to develop several programs, including a statewide spay/neuter plan. Although New Mexico fanciers worked to improve the bill's language, they are still concerned that S306 does not provide purebred dog owners with representation on the board. The AKC and fanciers have contacted the Senate Committee on Finance, where the bill was referred, to voice this concern. For more information, contact Norm Wilson (105645.2271@compuserve.com).
- Santa Fe fanciers continue to face breeding restrictions that could impact their ability to breed and show dogs. For more information contact, Mary Tidwell, Sangre de Cristo Kennel Club (505-982-2961).
NEW YORK - Attention New York dog owners! Asm. Patrick Manning's A9389 allow municipalities to ban or restrict dog ownership based on breed. A9389 also classifies a dangerous dog as a weapon, similar to a loaded gun or switchblade. The bill has been referred to the Assembly Committee on Agriculture. New York's existing dangerous dog law, when properly enforced, adequately addresses concerns about vicious animals. It also precludes cities and counties from enacting breed-specific laws. For these reasons, the AKC opposes A9389 and urges concerned dog owners to contact the committee members 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).
- Asm. Michael Cohen's A9420 provides that torturing any animal shall constitute as a felony. The bill exempts hunting, fishing, trapping, and the disposal of rabid animals and scientific experiments from punishment. A9420 has been referred to the Assembly Committee on Agriculture.
- Sponsored by Asm. Paulin, A9529 makes cruelty to 10 or more animals a Class E felony. The bill has been referred to the Assembly Committee on Agriculture. A companion bill, S5989, has been referred to the Senate Committee on Agriculture.
- Asm. Diaz is sponsoring A9579, a bill that outlines an owner's liability for injury caused by a dog regardless of whether the owner knew the dog had aggressive or dangerous tendencies. The bill provides exceptions for dogs used in police or military work or in cases where the dog acted in defense. A9579 has been sent to the Assembly Judiciary Committee. Asm. Diaz has also introduced A9601, a bill that increases civil and criminal penalties for dog attacks resulting in serious injury. A9601, which increases the fine for such attacks from $1000 to $3000, has been referred to the Assembly Committee on Agriculture. A companion bill, Sen. Diaz's S6064,has been referred to the Senate Committee on Agriculture. Asm. Diaz's A9602 would make victims of dog attacks eligible for awards by the crime victims board. The bill has been referred to the Assembly Committee on Government Relations. A companion bill, S6062, has been referred to the Senate Committee on Crime Victims, Crime and Correction.
OHIO - The City of Olmsted Falls is considering an ordinance that would require all animals be brought indoors when the temperature drops below 20 degrees. Area fanciers believe the ordinance goes too far in restricting dog owners' rights because it does not take into account that many breeds are bred for colder climates and are therefore more comfortable in cooler temperatures. For these reasons, the Canine Legislation department sent a letter of opposition to the mayor and city council.
OKLAHOMA - Due to overwhelming opposition from Oklahoma dog fanciers, S1130 has been withdrawn. The bill would have enacted mandatory spay/neuter laws. Intact animals would have been subject to annual licensing fees. Congratulations to all those who opposed S1130!
- Sen. Kerr is sponsoring S1364, a bill that establishes a crime of aggravated cruelty toward animals, punishable as a felony. S1364 also provides that any animal taken into custody as a result of cruelty will be forfeited and all previous ownership rights and interests will be terminated. The bill has been referred to the Senate Committee on Judiciary.
OREGON - Portland has established an Off-Leash Advisory Committee to measure the success, expansion and maintenance of dog parks and off-leash areas. The committee will hold public meetings throughout the spring and summer. The AKC sent a letter of support and materials to the committee.
PENNSYLVANIA - As of February 1, "pit bulls" in Reading will no longer be classified as aggressive or subject to strict regulation. City officials began regulating the breed in 1998. Previously, pit bull owners were required to register their dogs and pay $50 annually to keep them.
RHODE ISLAND - Rep. Kilmartin's H7323 requires dogs classified as dangerous to be leashed and muzzled when off the owner's property. H7323 states that microchips may be used in lieu of tattoos for identification purposes and that owners must notify the police within 2 hours of a dangerous dog escape. The bill has been referred to the House Committee on Corporations.
- Sponsored by Sen. Celona, S2104 would prohibit insurance companies from denying coverage based upon a dog's breed. The AKC supports this bill.
– Sen. McBurney's S2151 has been recommended for passage. The bill authorizes the City of Pawtucket to enforce a recently passed ordinance prohibiting future ownership of "pit bulls" and imposes higher-than-average license fees for existing owners. The Pawtucket ordinance passed despite strong opposition from local fanciers and the AKC.
TENNESSEE - Rep. Fowlkes is sponsoring H2548, a bill providing it is a Class C misdemeanor for a dog owner to repeatedly, after notice has been given, allow his dog to go upon the property of another. H2548 has been referred to the House Committee on Agriculture. A companion bill, Sen. Fowler's S2611, has been referred to the Senate Committee on Judiciary.
- Sponsored by Rep. Turner, H2866 increases the punishment for a first conviction for aggravated cruelty to animals to a Class E felony. The bill has been referred to the House Committee on the Judiciary.
- Rep. Bunch's H2879 elevates an assault on a police dog to a Class C felony. H2879, which also provides that the intentional killing of a police dog be classified as a Class C felony, has been referred to the House Committee on Judiciary. A companion bill, Sen. Miller's S2948 , has been referred to the Senate Committee on Judiciary.
TEXAS - The Austin Animal Advisory Commission is exploring the possible introduction of mandatory spay/neuter and breeding restriction ordinances. To date no formal proposal has been drafted. The Canine Legislation provided materials to local fanciers and a letter of opposition to the mayor and city council.
- Houston officials have approved a 4-pet limit for residents. There will be an amnesty period for people who register their animals, and the registration fee has been lowered from $40-$150 to a flat rate of $20. Owners of dogs deemed dangerous by animal control will be required to pay an additional $250.
- The City of Lubbock is considering a limit law as part of a revised animal control ordinance. City Council members will likely vote on the proposed changes this summer. The Canine Legislation Department will continue to monitor the proposal.
VIRGINIA - Rep. Hargrove's H554 has been stricken from the docket. The bill would have authorized animal control officers and companion animals owners to shoot dogs found attacking their animals.
- Rep. O'Bannon has withdrawn H629. The vaguely written cruelty bill carried a mandatory felony penalty for undefined terms such as "necessary rest." A second bill by Rep. O'Bannon has been carried over to 2005 by the House Committee on Courts of Justice. H630 defines penalties for owners of dogs that have caused serious injury but has been amended to reduce the penalty from a Class 5 felony to a Class 1 misdemeanor.
- Rep. Scott's H1192 will be carried over to 2005. H1192 allows municipalities to regulate potentially dangerous dogs, defined as dogs that have, when unprovoked, exhibited threatening behavior associated with an attack. Potentially dangerous dogs must abide by the same rules as dangerous dogs, except the classification may be removed after three years of good behavior. The Virginia Federation is concerned that the criteria noted above are too broad and could subject responsible dog owners to unfair punishment.
- The Virginia Federation of Dog Clubs reports that Rep. Rust's H1007 has been amended, including the removal of a provision to prohibit insurance companies from discriminating against homeowners based on the breed of the dog they own. The bill now allows insurance companies, with the policy owner's written consent, to exclude from coverage an injury caused by a dangerous animal owned by or in the care of the holder. The Virginia Federation of Dog Clubs and the AKC support this bill.
- The Senate Rules Committee decisively voted 15-1 to oppose SJR37. Hobby breeders would have been hurt by SJR37, which directed the state veterinarian to study Virginia's animal population and euthanasia concerns and arrive at predetermined conclusions, including the development of mandatory spay/neuter and breeder licensing legislation. Congratulations to all those who worked to oppose SJR37.
WASHINGTON - Rep. Campbell's H1895 passed the House of by a vote of 91-3 despite strong opposition from the insurance lobby. H1895 prohibits homeowner's insurance discrimination based upon a dog's breed.
- Rep. Kirby's H2043 passed the House. H2043 prohibits dogs from being deemed dangerous solely based on breed. The bill also states that the dog cannot be declared dangerous if its threatening action was a result of abuse or self defense. The AKC supports this bill.
- Auburn fanciers were quick to mobilize in response to proposed breed specific dangerous dog legislation in their city. Well-organized and armed with AKC materials, dog owners worked together to have the breed specific language removed from the proposed ordinance. A vote is expected in the spring. For more information contact Anita Crotty (AnitaCrotty@hotmail.com).
- Dog owners in Tacoma will soon have an off-leash area to enjoy with their dogs. The city has agreed to designate more than 20 acres at Fort Steilacoom Park for unleashed dogs.
WEST VIRGINIA - Rep. Talbott is sponsoring two bills that deal with hunting and field trials. H3002 providesthat individuals can not be found guilty of trespassing if the individual's dog pursues an animal onto private property. H3003 exempts the retrieval of a dog turned loose before 5:00 a.m. on Sunday from the offense of hunting on Sunday. Both bills have been referred to the House Committee on Agriculture and Natural Resources. H3004, also sponsored by Rep. Talbott, prohibits the removal of a dog's collar, tags or identification by a person who is not the owner of the dog when a dog is found on another person's property. H3004 has been referred to the House Committee on Judiciary.
- Rep. Houston is sponsoring H3023, a bill that would establish a toll-free lost animal hotline and registry in the office of the Commissioner of Agriculture. The bill has been referred to the House Committee on Government Organization.
WISCONSIN - Asm. Pettis is sponsoring A423, a bill that would change the existing provision under which a dog owner is liable for damages caused by the dog so that it applies only when a dog bite breaks the skin and causes permanent physical damage. Additionally, the owner must have known about the dog's vicious predisposition. A423 has been referred to the Senate for a second reading.
UNITED STATES - The AKC has endorsed Rep. Ackerman's H.R. 1563. The bill requires engine coolant and antifreeze manufactured or sold in the United States that contains more than 10 percent ethylene gloycol to include a "bittering agent," making it unpalatable to animals and children. H.R. 1563 was introduced in April 2003 and currently has 45 co-sponsors in the House. The AKC encourages fanciers to write your Member of Congress urging that he or she become a co-sponsor of H.R. 1563 if they have not already done so.
