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Year in Review: Legislative Highlights from 2005
December 2005

CALIFORNIA –AB418, a bill to ban ear cropping, remains in the Assembly Appropriations Suspense File, a notorious graveyard for contentious bills. Hard-working fanciers mounted a massive opposition effort to defeat this bill, with support from AKC. There is a chance the bill could be released from the Suspense File next year, so fanciers should continue to monitor this issue closely in 2006.

- SB 914 was signed into law. The legislation makes it a misdemeanor to sell, give away or transfer any dog under 8 weeks of age without the written approval of a veterinarian. Violations are considered a misdemeanor crime of animal cruelty.

- Asm. Levine’s AB1428 failed passage in the Assembly Business and Professions Committee, but has been granted reconsideration, meaning that the bill may be heard again in 2006. The bill would establish the Cloned and Genetically Modified Pet Consumer Protection Act and prohibit the sale of cloned or genetically altered animals in California. Violators would be fined $500,000.

- Despite months of strong opposition from countless responsible California dog owners and a host of animal organizations including the American Kennel Club, the Sacramento Council of Dog Clubs and The Animal Council, Governor Schwarzenegger signed SB861 into law on Friday, October 7th. The legislation takes effect January 1st, 2006 and will allow local governments to enact mandatory spay/neuter of specific breeds. Several municipalities have already indicated their intent to move forward with mandatory spay/neuter requirements for certain breeds. Fanciers are encouraged to monitor their local governments and notify the Canine Legislation department if a proposal is introduced.

- Shortly after SB861 was signed, the San Francisco Board of Supervisors unanimously approved a breed-specific ordinance that will require "pit bull" owners in the city and county to spay or neuter their dogs unless they obtain a $100 breeding permit. The legislation defines "pit bulls" as American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers and any dog displaying the physical traits of these breeds. Fines for failing to comply range from $100 to $1000 and can, on the second offense, include six months in county jail. The ordinance was passed despite strong opposition from AKC, other animal interest groups, and responsible dog owners.

COLORADO - A district judge upheld Denver’s home-rule authority to ban “pit bulls” from the city, and the state Attorney General has announced he will not appeal the ruling. After HB1279 became law in 2004, prohibiting breed-specific ordinances, dog owners were hopeful that Denver’s ban would be overturned. The City of Denver sued the state and won, claiming it had the right to regulate animals within their boundaries. The city resumed enforcement of the ban May 9th, and hundreds of dogs have been collected and in some cases euthanized. Under the ordinance, a “pit bull” is defined as an American Pit Bull Terrier, an American Staffordshire Terrier, a Staffordshire Bull Terrier or any dog displaying the majority of the physical traits of these breeds.

FLORIDA - Palm Beach County continues to consider numerous changes to its existing animal control ordinance. First, the definition of “hobby breeder” has been revised to limit these breeders to 2 litters or less annually. Anyone who sells more than 2 litters per year will be defined as a “pet dealer” and required to comply with excessive regulations that significantly expand the state pet dealer law. The proposal also allows for inspections without a warrant, mandates microchipping and makes a host of other changes. Helped is needed to oppose this measure as it is currently written. For additional information about Palm Beach, please contact Pat Wener or Florida Petlaw.

- A proposed rewrite of the Orange County animal control ordinance affects many areas of dog ownership. First, it establishes a “pet dealer,” defined as anyone who engages in the sale of more than 2 litters or twenty dogs per year. Although the definition is consistent with state law, in Orange County this classification will require compliance with added registration requirements and inspections. It will also require that any time an animal is left alone there be an emergency contact available. The county is also extensively rewriting their dangerous dog ordinance. Area fanciers are concerned about the lack of an exemption for dogs that have been provoked, as well as a vaguely defined process for designating an animal dangerous. For additional information contact the Florida Association of Kennel Clubs.

GEORGIA – The Georgia Canine Coalition, working with AKC and local fanciers, convinced Rep. Williams to withdraw his support of H78, a bill that would have prohibited ownership of “pit bulls.” The bill defined “pit bulls” as American Staffordshire Terriers, Staffordshire Bull Terriers, or any dog displaying a majority of traits of those breeds. For more information on any of the above bills, contact the Georgia Canine Coalition.

ILLINOIS – Concerned dog owners in Illinois faced several rounds of breed-specific legislation in 2005. In March, Sen. Sandoval’s office told AKC and the Illinois Dog Clubs and Breeders Association that the Senator had reconsidered his position on SB1790 and would no longer support the bill, which would have automatically deemed the following breeds dangerous dogs, regardless of any prior aggressive behavior: “pit bull,” Rottweiler, German Shepherd, Siberian Husky, Alaskan Malamute, Doberman Pinscher, Chow Chow, Great Dane, St. Bernard and Akita. The onerous bill would have further required owners of these breeds to spay or neuter their pets, obtain expensive insurance and affix a dangerous dog tag to the dog’s collar. In the wake of recent dog attacks in Illinois, however, Sen. Sandoval has stated his desire to take up SB1790 once again. Fanciers are encouraged to carefully monitor this bill and watch AKC’s website for updates.

- Also in March, Rep. Mitchell’s HB1128, which would have rescinded the current prohibition on local governments to regulate animals by breed, was defeated 9-6 in the House Agriculture Committee. AKC sent a letter of opposition to Rep. Mitchell and worked with the Illinois Dog Clubs and Breeders Association to defeat this version of the bill.

- HB315 was signed by Gov. Blagojevich. The new law requires municipalities to impose dog and cat registration fees with a minimum differential of $10 for intact animals. $10 of the differential must be put toward animal population control. HB315 also imposes several new public safety fines--ranging from $25-$100--for allowing a dog to run at large or bite. Portions of these fines must also be donated to the state's pet population control programs. The measure further strengthens Illinois's dangerous dog law, and also creates a “Pet Population Control Fund” check off on state income tax forms. The law does remove an existing litter registration requirement.

To get involved in legislative issues in Illinois, please contact the Illinois Dog Clubs and Breeders Association.

MASSACHUSETTS – Massachusetts fanciers defeated Rep. Paul Kujawski’s H1346, a bill that would have defined a "commercial breeder" as anyone who bred and sold more than one litter per year. Fanciers successfully defeated similar bills by Rep. Kujawski in 2003 and 2004. AKC congratulates the Massachusetts Federation of Dog Clubs and all fanciers who have consistently worked to oppose these measures.

- The Massachusetts Department of Agriculture issued new emergency regulations concerning the importation of animals into the state by rescue groups and shelters. The new regulations include additional record keeping requirements for rescue groups and shelters, as well as requirements that imported animals be quarantined for 48 hours and provided a veterinary exam after the quarantine period is over. Rescue groups and shelters will also be required to register with the state.

For more information, contact the Massachusetts Federation of Dog Clubs.

NEW MEXICO – Despite opposition from AKC and concerned fanciers Senator Grubesic’s SB432 passed both houses and was signed by Governor Richardson. Similar legislation, HB400, died when the Legislature adjourned in March. Although SB432 does not target certain breeds, its vague definitions and the broad authority it grants animal control officers leave dog owners vulnerable to prosecution.

- Sen. Beffort’s SB188, which would have put harsh limitations on the ownership of “pit bulls” and declared Akitas, Alaskan Malamutes, American or “Old Country” Bull Dogs, Boxers, Presa Canarios, Chow Chows, Doberman Pinschers, German Shepherds, Great Danes, Rottweilers, Siberian Huskies and wolf-hybrids to be dangerous dogs, died at the close of session.

NORTH CAROLINA – The Charlotte City Council voted to strengthen the city’s dangerous dog law. The new law provides that animal control officers may now spay or neuter dogs that are deemed dangerous. It also allows for the doubling of animal-related fines more than 30 days overdue. Pet owners may now only keep two dogs or cats outside without obtaining a permit.

- AKC worked with the North Carolina Coonhunters Association as they assisted Wilson County in revising its animal control ordinance. The initial draft contained vague definitions and weak dangerous dog provisions. Local dog owners worked with officials to write a more precise, enforceable ordinance. AKC provided input, model legislation and materials.

OHIO - H189, a bill to repeal Ohio’s current breed-specific law which lists “pit bulls” as inherently vicious dogs, will carry-over to the 2006 session. The bill also expands hearing rights for those whose dogs have been declared vicious or dangerous. H189 does provide additional remedies for dangerous dogs including mandatory muzzling anytime the dog is off the owner’s property and a limit of one dangerous dog per household. The bill is currently with the House Committee on Agriculture and Natural Resources.

For more information on pending legislation in Ohio please contact the Ohio Valley Dog Owners or Canine Friends of Cleveland.

OKLAHOMA – With the defeat of both S247 and H1282, hard working fanciers convinced Sen. Reynolds and Rep. Liebmann to abandon attempts to allow local governments to enact breed-specific legislation. However, in the wake of recent dog attacks, Rep. Wesselhoff has stated his intention to introduce a proposal in 2006 that would allow passage of breed-specific ordinances. Concerned dog owners are therefore encouraged to monitor the legislature closely when session begins in February.

OREGON – Senator Deckert’s S844 was signed by Governor Kulongoski. The legislation creates a strong dangerous dog law that punishes irresponsible owners while preserving due process. It also contains an exemption for dogs that have been provoked or assaulted, or that have defended their owner’s property from trespassers. S844 originally contained breed-specific provisions, but area fanciers participated in a task force to help make the measure more reasonable after it received a great deal of opposition from AKC and other animal organizations.

TEXAS – Rep. Edwards’s HB1096 failed to pass out of the legislature prior to adjournment and is dead. However, fanciers should be aware that as a result of their hard work the bill was amended to remove the clause which would have exempted Houston from the state prohibition on breed-specific legislation. The penalties provided for in the bill were also reduced. The bill still required that all dogs be kept in a secure, locked enclosure, or on a leash under the owner’s control at all times, regardless of whether the dog was determined to be dangerous. An exemption was included for those participating in organized canine sport or organized search and rescue effort. Congratulations to all who helped on this issue!

- HB326 by Rep. Goodman and its companion SB172 by Senator Harris both died at the close of session. The bills would have amended the state's cruelty law in several ways that fanciers believed could negatively impact hunters.

For more information on the above bills, contact the Responsible Pet Owners Alliance.

VIRGINIA – Due to the efforts of the Virginia Federation of Dog Clubs, the AKC, and local dog owners, Del. Kilgore’s H2927 was removed from the docket in February. The bill would have required "releasing agencies" to sterilize and microchip all animals prior to adoption. Releasing agencies were defined animal shelters, rescue groups, dealers, pet stores, and "for-profit breeders." Responsible hobby breeders who sold any animals to the public - regardless of whether they truly made money or even recouped veterinary expenses - would likely have been considered for-profit.

VERMONTS66 was signed into law by Governor Douglas. The law established a committee to study the sale and exchange of animals in the state, with a view toward additional regulation. Fanciers worked with Senator Campbell, author of S66, to defeat the initial version of the bill, which would have defined any person that sold or donated animals as a pet merchant. Members of the Vermont Federation of Dog Clubs have participated in the study committee and are continuing to press for changes that will not unfairly punish responsible hobby breeders. For more information contact the Vermont Federation of Dog Clubs.

WASHINGTON - Rep. Campbell’s H1016, which prohibits insurance companies from discriminating against homeowners based on the breed of dog they own, failed to pass the Senate prior to adjournment, however it can be voted on when the session resumes in January. The American Kennel Club supports this bill and urges dog owners to contact their state representative and ask them to vote “Yes” on H1016.

   
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