Editor's Note
Fall is half over, and it’s been an unusually busy season for the Canine Legislation department. Our focus has been on increasing the fancy’s visibility on Capitol Hill, and we’ve accomplished our goal in a variety of ways. Hosting our first-ever Lobby Day, the department took an important step in its legislative program by inviting key Legislative Liaisons to Washington for a day of presentations and Hill Visits. We also represented AKC at the annual "Pet Night" reception on Capitol Hill, where members of the animal industry have an opportunity to network with legislators and their staff. Last but most certainly not least, the department has been very active in advancing two significant federal initiatives: strengthening enforcement of the Animal Welfare Act, and preserving dog owners’ access to safe air travel.
Some of our staff have been busy in other ways. As some of you may know, Stephanie Ortel gave birth to twin girls in September. Ashley, Courtney and mom and are doing well, and we extend our good wishes to them.
Regards,
AKC Hosts Lobby Day
Neither rain, nor sleet, nor threat of hurricane could deter participants from attending AKC’s first-ever Lobby Day in Washington, DC September 17-18. Held in conjunction with Responsible Dog Ownership Day, the event provided an opportunity to educate first fanciers, then legislators, about current federal issues facing purebred dog owners.
Hurricane Isabel may have been brewing off the coast, but the air was really buzzing inside the Loews L’Enfant Plaza Hotel, where key Legislative Liaisons from AKC-affiliated clubs all over the country came to learn not only about AKC’s legislative agenda, but also about techniques for lobbying their Members of Congress. Presentations by AKC staff and its government relations consultants, including Jim Holt, helped attendees learn the importance of building relationships with elected officials and teaching legislators about the world of purebred dogs.
Not that participants didn’t already have lobbying experience. In fact, all were chosen because of their many active years in canine legislation and for their dedication to the sport. But most were new to Capitol Hill and were therefore eager to learn about what to expect, say and do. Presenters addressed these areas, then gave detailed explanations about three of AKC’s key initiatives: stronger enforcement of the Animal Welfare Act, protecting the ability of owners to transport dogs by air, and improving access to and safety of veterinary drugs. Becoming well-versed in this agenda was critical for participants if they were to successfully relay the fancy’s concerns to Congress, and they embraced the challenge.
Excited as attendees were about the presentation material and their pending Hill visits, most were equally enthusiastic about the opportunity to network with each other. They discussed issues and techniques, and empathized with each other’s efforts in the legislative arena. The meeting room literally flowed with energy as the group shared ideas and quickly made notes to take home to their clubs and federations.
The energetic exchange continued at a reception and dinner following the training session. It was then, however, that attendees learned Lobby Day would be cut short--the federal government had just announced that offices would be closed the next day due to the hurricane, and therefore Congressional visits would be canceled. Though disappointed, the determined Liaisons immediately began plans to meet with their Members of Congress when they returned to their district offices back home. Armed with materials and responsible dog ownership leashes from the Canine Legislation department, many have already made appointments. These meetings will give them a chance to convey AKC’s message to legislators and staff on a personal level.
Despite storm-related events, AKC has received many positive comments about Lobby Day. Many participants noted they felt recharged by the experience, ready to tackle new issues and take fresh ideas back to their clubs and federations. In light of all that was accomplished in just one day, the event was deemed a success by all.
Around the Nation
Legislation That Affects You
CALIFORNIA - The Santa Monica City Council is considering amending its animal control ordinance by replacing "owner" with "guardian" or "owner/guardian." The AKC expressed its opposition in a letter to the mayor and city council. We strongly encourage other local dog owners to follow this example.
- In October, Sacramento enacted a new dangerous dog ordinance requiring owners of such animals to obtain $100,000 liability insurance, keep the dog muzzled when in public, and create a secure enclosure for their pet. Owners may face fines of up to $1,000 for violations but will have the opportunity to appeal a dangerous dog determination.
CONNECTICUT - The City of Stafford is currently enforcing a three-pet limit unless one purchases a commercial kennel license. The Canine Legislation department responded to local fanciers’ call for help by providing them with materials and sending a statement of opposition to key city officials.
FLORIDA - City Commissioners in Atlantic Beach have given preliminary approval on amendments to their animal control code. The changes remove the licensing requirement for pets but establish a $100 registration fee for dangerous dogs, to be renewed each year. Dangerous dog owners must also obtain $100,000 liability insurance. Commissioners are also considering sharply increased fines for violations.
GEORGIA - On September 11, 2003, a solid bronze DOGNY statue was donated to the state by 31 member kennel clubs. The statue, which commemorates the work of America's search and rescue dogs, will be placed outside the Georgia Department of Agriculture. Representatives from participating kennel clubs, as well as Governor Sonny Perdue and AKC COO Dennis Sprung, were among those who attended the ceremony.
ILLINOIS - Attention Chicago dog owners! The city council’s licensing committee may soon consider an ordinance that would:
- Redefine "kennel" as anyone who owns more than 5 unaltered females. The measure would require such individuals to be licensed and inspected at a cost of $150 annually. All licensees will have to sterilize every dog and cat prior to sale or adoption, and anyone who sells or transfers a dog, even a single pet-owning family, must provide a health certificate with the animal.
- Require licenses for grooming facilities, guard dog services and pet day care facilities.
- Increase the licensing fee to $50 for each unaltered dog or cat, in contrast to $10 for spayed and neutered animals.
- Require mandatory sterilization and microchipping of impounded animals prior to releasing them to the owner.
- Maximum fees for violations could reach $1000.
- With the passage of H184, Madison County is considering revisions to its animal ordinance that will bring it into compliance with the new law. Proposed changes include implementation of a licensing fee, mandatory microchipping for impounded animals, and several amendments to the dangerous dog law. For example, owners of dogs deemed dangerous must muzzle and leash them in public, and those who violate the law will face stronger penalties, particularly if their dog injures someone. The Canine Legislation department is providing materials and support to local fanciers. For more information, contact Michelle Kasten (mkasten58@aol.com).
INDIANA - Lake County officials are considering a proposal requiring owners of dangerous dogs to obtain $50,000 liability insurance. Several breeds, including "pit bulls" and Rottweilers, will automatically be deemed vicious. AKC sent a statement of opposition to county commissioners in October.
- In September, the state’s Supreme Court rules that postal carriers and police officers have more protection from dog bites than other citizens. Invoking a 1951 law, the court declared that owners of dogs who bite mailmen or policemen should be held liable even if it is the first time the dog has bitten and the owner took precautions to control the animal. In all other cases, an owner is entitled to the "one free bite" rule where he is usually not held liable until he knows the dog has bitten or shown aggression.
IOWA - The West Des Moines City Council has approved a 10-acre dog park, to be opened in the spring. The fenced-in area will include separate sections for large and small dogs.
KANSAS - The City of Wichita has finalized several changes to its animal control ordinance. In a vote of 6-1, the city council approved an anti-tethering law. The measure limits the length of time dogs may be chained or tied up to no more than three one-hour periods per day, separated by three-hour intervals. The council also passed a new dangerous dog law that requires dogs declared dangerous to be microchipped, leashed and muzzled for transportation, and registered with the city at a cost of $100. Owners will also be required to obtain $100,000 liability insurance and build a secure enclosure to confine the dog. The original version of the ordinance contained more onerous provisions, including breed-specific legislation, but the Wichita Kennel Club and other local dog owners worked closely with the city council to ensure that the new law was reasonable, enforceable and non-discriminatory.
LOUISIANA - Jefferson Parish dog owners will soon face increased fines for letting their dogs runs loose. A newly-approved ordinance, which takes effect January 1st, doubles and triples fees for various nuisance violations. Additionally, owners of dogs deemed dangerous will now be required to pay a $50 registration fee.
MAINE - Debate continues over Orono’s proposed leash law. Opposition to the proposal, along with questions over how long leashes could be and whether retractable leashes would be permitted, have forced the measure back to committee for additional review.
MASSACHUSETTS - In September, fanciers were caught unaware when after months of inactivity, H2274 was suddenly scheduled for a hearing by the Joint Committee on Natural Resources and Agriculture. The bill would amend the definition of commercial breeder to include any person who produces more than one litter per year and sells the offspring from those litters. Upon learning of the hearing, AKC quickly sent a statement of opposition to committee. Charlotte McGowan of the Papillon Club of America attended on behalf of purebred dog owners. A2274 has seen no further action to date, but fanciers should continue to monitor the bill as the Massachusetts session carries over through 2004.
- Sponsored by Rep. Vallee, H4223 pertains to investigations of complaints against vicious dogs for damages done to both people and property. The bill was referred to the Joint Committee on Local Affairs and Regional Government, but the text is not available as this newsletter goes to press.
- Dog owners in Grafton are lobbying for the establishment of a dog park in their town. The Board of Selectmen has given their initial encouragement of the plan, and AKC lent its support in a letter to city officials this fall.
MICHIGAN - Rep. Susan Tabor is sponsoring H5029, a bill to add mourning doves to the list of game birds. On behalf of the many sporting dog club in Michigan, the Canine Legislation department sent a letter of support to the Speaker of the House and to members of the Committee on Conservation and Outdoor Recreation, where the bill was referred.
MISSOURI - The Canine Legislation department has learned that the Hannibal City Council approved a limit law before fanciers were aware of it. The law takes affect January 1st and limits residents to a combined total of five dogs and cats. Violators will face fines of $150. Homes must be found within six months for any litters bred.
- Dogs deemed vicious are now prohibited in Woodson Terrace, and violators could face fines of $500 per day. Vicious dogs are defined as those that have bitten or attacked a person, or exhibited "dangerously aggressive tendencies." There is no exemption for dogs that have been provoked, and officials have stated that it will be up to police officers to make a final determination in such instances. The Canine Legislation department did not learn about the measure until after it had been approved.
NEW YORK - A new law recently signed by Governor Pataki makes it illegal for dog owners to leave their animals out in inclement weather without providing adequate shelter. Required provisions include shade and access to a warm, clean, dry shelter with a waterproof roof. Owners who leave their dogs out in bad weather without such protection could have their animals seized and face fines of $50-$100. A second violation would bring penalties of $100-$200.
- New York City Council member Melinda Katz is sponsoring Intro. 380. The measure amends city code to state that once a landlord waives the no-pet clause for a tenant’s lease, it is waived for the duration of the tenant’s occupancy, not just for the lifetime of the animal. The proposal also protects seniors from being denied occupancy or being evicted due to pet ownership. AKC strongly supports the right to keep and enjoy dogs responsibly and opposes unreasonable limits on pet ownership. The Canine Legislation department stated these positions in a recent letter to key New York City officials.
- Albany officials are considering a leash law for dogs in all city parks except for four fenced dog runs. Local dog owners are lobbying against the measure.
NORTH CAROLINA - Appointed by House co-speakers Jim Black and Richard Morgan, North Carolina’s Animal Welfare Committee met for the first time in early October. The panel is charged with reducing the number of dog and cats euthanized in the state. Initial meetings included discussions on updating North Carolina’s animal cruelty laws, regulating public shelters, increasing the state’s spay/neuter fund, and regulating breeders who sell puppies and kittens to the public. AKC is monitoring these proposals closely and will report on developments as they occur.
- Buncombe County officials are considering strengthening their community’s dangerous dog ordinance. To assist them in their efforts, the Canine Legislation department sent dangerous dog information packets to county commissioners in October.
- Kure Beach dogs will soon have a new off-leash park to enjoy. Approved by the Town Council, the "Barking Lot" was scheduled to open in October and is free of charge.
OHIO - Rep. Ujvagi’s H273 would allow county commissioners to exempt owners 65 years or older from increases in licensing fees. If community officials feel an increase is warranted, H273 permits them to charge the elderly a smaller increase than the rest of the population. H273 was referred to the House Committee on Rules and Reference. A companion bill, S128, is sponsored by Sen. Fedor and was referred to the Senate Committee on Reference.
PENNSYLVANIA - Rep. Laughlin introduced H2062 in October. The bill amends the state’s animal cruelty law by inserting the term "guardian" alongside "owner" in one portion of the statute. The AKC sent a letter to members of the House Judiciary Committee in October to oppose use of the term "guardian."
RHODE ISLAND - The City of Pawtucket is strongly considering an ordinance to prohibit ownership of "pit bulls," defined as American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terrier or mixes of those breeds. A grandfather clause would permit current owners to keep their dogs if they register them with the city. Officials are also considering limiting the number of pets one may own. The Canine Legislation department is working with local fanciers and sent a statement of opposition to the city council, along with dangerous dog information packets.
SOUTH CAROLINA - Calling Spartanburg County fanciers! Officials are considering an ordinance requiring permits for "breeding kennels," defined as an establishment kept for the purpose of breeding and selling dogs and cats. Permits range from $50-$200, depending on the number of animals kept. Additionally, owners of unaltered animals will be required to pay a $30 licensing fee per animal per year, while owners of altered animals will only have to pay a $5 lifetime licensing fee. Finally, the measure proposes higher fees for violations by owners of unaltered animals than for altered. The Canine Legislation department is working with area dog owners and has sent a statement of opposition to the county council members, but much more help is needed! For more information, contact Sandy (dogordinance@cs.com).
TEXAS - Mary Beth Duerler of the Responsible Pet Owners Alliance (RPOA) reports that officials in Round Rock have backed away from a proposed pet limit law. Instead, officials will pursue stronger enforcement of nuisance laws and better public education about responsible ownership. Both AKC and RPOA supported local dog owners in their efforts to oppose the law. Congratulations to all who contributed to this win!
- In a separate issue, RPOA worked closely with the San Antonio City Council on an amendment to its ban on off-leash dogs in several city parks. The amendment allows organizations that hold events such as agility, obedience and fly ball competitions to be exempt from the law. Dogs were previously allowed off-leash as long as they were under voice command, but several incidents involving loose dogs frightening people prompted the ordinance.
WEST VIRGINIA - A "pit bull" attack in St. Albans promoted the city to once again consider breed-specific legislation. When the issue was first raised two years ago, officials elected to enforce the current dangerous dog law rather that ban specific breeds. The city council listened to citizens’ concerns and once again voted against the unfair legislation. Instead, council members will look at strengthening the city’s dangerous dog ordinance.
WISCONSIN - Sponsored by Rep. Larry Balow, AB536 would require licensing and inspection of "pet dealers," defined as those who sell or transfer 25 or more pets. The provisions outlined in AB536 were already considered and vetoed by former Governor Scott McCallum during the last session due to lack of funding for enforcement. The Joint Finance Committee concurred with the governor’s decision and this year amended the provisions to apply only to those who sell more than 50 dogs or cats in one year, but the committee did not provide any funding for the amendment.
The AKC opposed these breeding restrictions when they were first considered. We believe the state of Wisconsin has concluded that its budget does not allow for enforcement of the regulations outlined in AB536, and to revisit this issue yet again will only waste legislators’ time and tax payers’ money. The Canine Legislation department relayed this position to the bill’s sponsor and to the chairman of the Assembly Committee on Agriculture, where AB536 was referred. For more information, contact Leonard Pokrywka, President, Dog Federation of Wisconsin (pokrywka@maqs.net).
- Sponsored by Sen. Panzer, S229 holds a dog owner liable for two times the amount of damages caused by the dog only if the animal’s bite causes permanent disfigurement and the owner was aware the dog had committed a similar attack in the past. Current law holds owners liable for that amount regardless of the severity of the attack. S229 also increases the penalty for owners of dogs that injure people, animals, property or birds from $100 to a maximum of $2500. If the owner knew the dog had previously committed a similar attack, the penalty rises to a maximum of $5000. Finally, the bill allows any person to ask the court to order a dog euthanized. Current law only permits the state or a municipality to make such a request. S229 was referred to the Senate Committee on Judiciary, Corrections and Privacy. It is the companion to A423, which was amended in the Assembly. The text of the amendment is not yet available as this newsletter goes to press.
ITALY - In September, the Italian government issued an emergency decree designating 92 breeds of dogs as "restricted." The move came after a series of "pit bull" attacks on the city but targets a broad range of breeds, including St. Bernards, Collies, Corgis, German Shepherds, Newfoundlands, Bull Mastiffs and Dobermans. Owners of the restricted breeds must keep them leashed and muzzled in public and obtain special liability insurance. Minors and criminals are prohibited from owning the animals. The AKC sent materials to its counterpart in Italy (Ente Nazionale Della Cinofilia Italiana or ENCI) to help them fight the new law.
Supreme Court Denies DDAL Appeal
On October 6th, the U.S. Supreme Court denied the Doris Day Animal League’s (DDAL) petition to appeal a case against the USDA that would have made all residential breeders of dogs and cats subject to federal licensing and inspection. The decision, which upholds an earlier ruling by the U.S. Court of Appeals for the District of Columbia Circuit, supports the current exemption of residential breeders who sell dogs only at retail from regulation under the Animal Welfare Act. It also means the end of the line for this litigation, as DDAL cannot appeal the case any further.
Currently, the Animal Welfare Act covers only persons who sell dogs at wholesale, but the lawsuit filed by DDAL would also have brought under coverage people who sell dogs at retail from their homes. In January 2003, the US Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Agriculture’s interpretation that people who sell dogs at retail from their own homes fall under "retail pet store" exemption of the Act. An amicus curaie or "friend of the court" brief filed by AKC supported the USDA’s position that hobby breeders who sell only at retail are exempt from the Act. The Appeals Court also agreed that these persons already are subject to state and local laws to prevent cruelty and that there is already a great deal of oversight by breed registries such as the AKC. AKC performs over 4000 inspections of private breeding facilities--including homes, commercial breeders and pet stores--each year.
Insurance Relief for Michigan Dog Owners
With growing frequency nationwide, families are being forced to give up their canine companions because of skyrocketing homeowners’ insurance premiums or companies’ outright refusal to cover certain breeds. Dog owners in Michigan may now have some reprieve, however, thanks to an important victory by the Michigan Association for Purebred Dogs.
Troubled by countless stories from owners who were cancelled or denied insurance based on the breed of dog they own, the association contacted Michigan’s insurance commissioner earlier this year with their concerns. They encouraged dog owners to report specific incidents to the commissioner and also brought the issue to the attention of several state representatives. Ironically, this AKC-affiliated federation was in the process of trying to introduce legislation to end such discrimination when the insurance commissioner issued a statement saying that existing law already prohibited such practice.
Released in September by the Office of Insurance and Financial Services, Bulletin 2003-07-INS states that insurance companies who exclude liability coverage due to ownership of a particular breed of dog are in violation of Michigan’s Essential Insurance Act. The statement goes on to say that insurers may cancel or deny coverage to owners based on a dog’s bite history related to paid claims, but only after written notice to the policy holder and the Office of Financial and Insurance Services.
AKC commends both the Michigan Association of Purebred Dogs and the Michigan Office of Insurance Services on their efforts to protect the rights of responsible dog owners. We strongly encourage owners in other states to pursue this issue with their own commissioners and legislators, as similar code may already exist to guard them against unfair insurance practices.
A copy of Bulletin 2203-07-INS can be found at the following link on AKC's Web site or contact the Canine Legislation department (919-816-3720, doglaw@akc.org.
PPA Returns?
The AKC has received strong indications that the Puppy Protection Act is likely to be reintroduced in the near future. The Canine Legislation department will report on further developments as soon as we learn of them, so be sure to visit our Web site regularly.
Pet Night
Once again, the Canine Legislation department was pleased to represent AKC at the Pet Night reception on Capitol Hill in September. Hosted by the Animal Health Institute and co-sponsored by AKC, the event celebrates the animal-human bond. Over 700 legislators and their staff attended the reception, which grows more popular every year. Pet Night allows AKC staff an opportunity to network with Congressional leaders and make good contacts whom we can later call on to help us accomplish our federal legislative agenda. Attendees also received "goodie bags" that contained, among other items, responsible dog ownership leashes from AKC. The leashes will serve as an ongoing reminder of AKC’s message and our initiatives.
Airline Update
On October 10th, the US Department of Agriculture (USDA) published a notice in the Federal Register that it intends to apply the current air carrier provisions of the Animal Welfare Act (AWA) regulations to foreign carriers. Public comment is invited by December 9th, and AKC will submit a letter of support. Unless the USDA receives substantial objections, enforcement is expected to begin by April 7, 2004.
For years, AWA regulations and standards for humane transport of animals have been enforced on US carriers while foreign carriers have not been required to comply. The American Kennel Club believes animals being transported by foreign carriers should be given the same protection as those traveling on domestic carriers. AKC worked closely with the Air Transport Authority (ATA), the International Air Transportation Association (IATA) and Members of Congress to encourage USDA to take this positive step.
NJ Federation Joins Award-Winners
Congratulations to the New Jersey Federation of Dog Clubs (NJFDC) on being named as a third-quarter Community Achievement Award winner. As an honoree, the federation will receive a certificate and a check for $1,000 to further promote their legislation and public education efforts. Earlier this year, NJFDC was instrumental in helping to defeat A2906, a bill that would have allowed municipalities to enact breed-specific legislation. Federation members contacted every member of the New Jersey Assembly in opposition to the bill and coordinated a grassroots effort encouraging other dog owners to do the same. Many meetings, letters, and phone calls later, the bill’s sponsor withdrew the legislation. The federation continues to monitor and provide support to municipalities on local animal control issues and is trying to pass legislation that would prohibit insurance companies from discriminating against homeowners based on the breed of dog they own. They also have several programs in place to educate the public about finding a responsible breeder or rescue service.
Other third-quarter honorees include Ron and Jennifer Fone of the Akita Club of America, and Charlotte Patterson of the Okalossa (FL) Kennel Club, all of whom were named for their public education achievements. A round of applause to all!
Know an individual, club or federation who deserves the Community Achievement Award? Contact the Public Education department (919-816-3712, publiced@akc.org).
Bright Ideas
The approaching holiday season will soon be keeping us all busier than usual, and it’s easy to let lobbying efforts fall by the wayside. With this in mind, several clubs and federations have found a simple, creative way to stay in touch with the legislators--holiday cards. Inexpensive boxed cards or even postcards are a great way to remind your representatives about your organization, or to thank them for their attention to your issues during the past year. Cards can be preprinted with your message and club or federation name to further save time. Try this friendly approach to stay in touch with legislators during the end-of-session adjournment.
