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Around the Nation:
Legislation That Affects You
February 2006

ALABAMA – S82 was passed by the Senate Judiciary Committee. S82 is the companion measure to Rep. Ward’s H27. The bills establish a procedure by which a dog can be declared dangerous, provide an appeal process and require that a dog found to be a significant threat to public health and safety be humanely euthanized. Owners of dangerous dogs may be fined up $300 for the first offense and $600 for a second offense. The dog is also required to be registered with the city or county for an unspecified fee.

- H252 has passed the House and will proceed to the Senate. The bill would require the sterilization of all dogs and cats sold by public and private animal shelters, animal control agencies or humane societies.

- The City of Tuscaloosa has rejected a proposal to require certain breeds to be muzzled when in public. The city council is looking into increasing the fines for animal cruelty, limiting tethering and increasing enforcement of existing laws. AKC sent materials, including sample dangerous dog ordinances and a letter opposing breed-specific legislation, to the members of the city council.

ARIZONA – Rep. Lujan’s H2447 will expand the dangerous dog law to include injury of a domestic pet in the definition of a vicious dog and to require that dangerous dogs be sterilized and microchipped. The bill has been referred to the House Judiciary Committee.

CALIFORNIA – The Los Angeles County Board of Supervisors has requested staff to draft a proposal to impose mandatory spay/neuter and breeding restrictions on all “pit bulls” and Rottweilers in the unincorporated areas of the county. The Board of Supervisors is expected to vote on the ordinance at their February 21st meeting. AKC is working with local fanciers and concerned dog owners to oppose this measure. To find out more details about this proposal and how you can help please read our Legislative Alert.

- Thanks to successful opposition efforts by AKC and the fancy, AB418, Asm. Koretz’s bill to prohibit ear cropping, was placed on the Appropriations Suspense file last May but was eligible for reconsideration this year. The bill failed to meet a procedural deadline and has now effectively died. Congratulations to all the fanciers who worked to oppose this measure.

- Asm. Yee’s AB450 will require that the emergency management system include plans for residents with household pets, service animals and livestock following a major disaster or emergency. The bill passed the Assembly Governmental Organization Committee and now proceeds to the Assembly Appropriations Committee.

- Asm. Koretz’s AB762, a bill to set standards for animal groomers and to prevent them from practicing veterinary medicine, died because it did not receive a hearing prior to a procedural deadline.

- AB1428, a bill to prohibit the sale or transfer of cloned or genetically modified pets, failed to pass the Assembly Business and Professions Committee prior to a recent deadline. The bill is now dead.

- The City of Fresno has adopted a leash law and increased license fees for animals that are not spayed and neutered. The license fee for intact animals will be $10, and the fee for sterilized animals will be $4. The city is also planning to crack down on dog owners who abuse their animals or train them to be aggressive or fight.

COLORADO – S54, a bill that would permit cities and counties to enact breed-specific ordinances, failed to pass the Senate Local Government Committee. You can read more about this proposal in our Legislative Alert.

- Sen. Owen’s S25 has passed the Senate and will now be heard by the House Judiciary Committee. The bill would require owners of dangerous dogs to post signs on their property, notify certain service providers of the presence of a dangerous dog, and notify the animal protection bureau if the animal’s status changes. The bill further requires that the court confiscate a dangerous dog if it inflicts serious bodily injury or if another dog owned by the same resident is involved in an incident.

- Rep. Solano is sponsoring H1146 to increase penalties for animal cruelty. The bill would establish proper care conditions including specified types of shelter, adequate food, available water and limitations on tethering. The bill has been referred to the House Judiciary Committee. The Colorado Federation of Kennel Clubs is opposed to the bill because they feel it is overly prescriptive, and that the existing Pet Animal Care and Facilities Act already allows the Agriculture Department to inspect and regulate commercial facilities.

- H1057, by Rep. Stafford, has passed the House Judiciary Committee and will now proceed to the House Appropriations Committee. The bill will increase penalties for owning a dangerous dog that inflicts bodily harm or serious injury. H1057 will also prohibit a person convicted of an animal cruelty offense from owning an animal, and further increases the penalties for aggravated animal cruelty. The bill specifically exempts police and law enforcement dogs from being classified as dangerous animals, but does classify dogs that have been trained to attack people or property as dangerous dogs.

- The City of Centennial is considering a proposal to ban “pit bulls.” The issue has been discussed in recent meetings, but no formal draft has been written. The AKC sent a letter opposing breed-specific legislation to the mayor and members of the city council.

- Lafayette is also considering a breed-specific proposal, although a draft is not yet available. The city will be discussing the proposal at their February 21st meeting. AKC has sent the mayor and city council a statement opposing breed-specific measures and offering model dangerous dog legislation.

- The City of Federal Heights continues to work on a draft of a new dangerous dog ordinance, though a hearing date has not yet been set. AKC contacted the mayor and city council to encourage adoption of a generic dangerous dog ordinance that does not single out specific breeds.

- Lakewood has decided not to pursue breed-specific legislation, and the city attorney is working to draft a new generic dangerous dog ordinance. AKC has forwarded sample ordinances to the city and has sent a statement to city officials voicing support for a reasonable dangerous dog law.

For more information on legislative issues in Colorado, please contact the Colorado Federation of Dog Clubs, Inc.

FLORIDA - Sen. Rich is sponsoring S1484, a bill to require that the shelter component of the state emergency management plan contain strategies to ensure adequate shelter space for evacuees with pets. A companion bill, H545, has been filed by Rep. Detert in the House.

- The Volusia County Animal Control Advisory Board is having a workshop on Tuesday, February 28, at 9:30a.m.regarding proposed animal rescue group guidelines. Restrictions under consideration include requiring inspections of all foster homes, requiring rescues to be licensed by the county and a prohibition on soliciting donations unless the rescue is a 501 (c) 3. For additional information contact Florida Animal Owners Alliance.

To find out more about how you can assist with legislative issues in Florida, please contact the Florida Association of Kennel Clubs.

HAWAII – Rep. Yamane has introduced H2252, a bill to require the state’s Department of Defense to conduct a cost benefit analysis of providing accommodations for pets at shelters. The measure has been assigned to the House Public Safety and Military Affairs Committee.

- H2784, authored by Rep. Nishimoto, requires that a dog walked on public property be leashed and muzzled. There is an exemption for dogs who have received their AKC Canine Good Citizenship certificate or who have completed an obedience course taught by an instructor certified by the National Association of Dog Obedience Instructors or the Association of Pet Dog Trainers. The bill has been referred to the House Judiciary Committee.

- The House Judiciary Committee will also hear H3239, Rep. Luke’s animal cruelty bill. The bill allows a court to forfeit an animal before the trial on an animal cruelty charge and would permit the court to allow a defendant to post a bond in lieu of forfeiture. Further, H3239 would allow a law enforcement officer to enter private property to care for or impound an animal that is being subjected to cruelty. There is concern over the amount of power designated to law enforcement officials with regard to the burden placed on dog owners.

- H3240, sponsored by Rep. Luke, creates a new Class C felony of aggravated animal cruelty and requires offenders convicted of this type of offense to undergo treatment for behavior or conduct disorders. The House Judiciary and Hawaiian Affairs Committee will hear the bill.

- Sen. Hanabusa has introduced S2924, a bill to allow a shelter or humane society that is holding an animal during an animal cruelty trial to petition a court for an order of forfeiture of the animal prior to the disposition of criminal charges. The court is required to hold a hearing on the matter within 14 days, and if the court finds sufficient evidence that the defendant has committed an animal cruelty offense, the defendant must post a security deposit or bond to cover costs incurred by the shelter or humane society.

- Sen. Hanabusa’s S2930 will clarify that costs incurred caring for abused or neglected animals are the responsibility of the abuser. The measure has been referred to the House Committee on Judiciary and Hawaiian Affairs.

IDAHO – The House Agriculture Affairs Committee is sponsoring H516, legislation that will make it a felony to participate in certain activities related to dog fighting exhibitions. According to the Associated Press, Idaho is one of only two states where dog fighting is not a felony. AKC opposes dog fighting and has sent the committee a statement of support.

ILLINOIS – Rep. Mitchell’s H2946 passed the House and has been referred to the Senate Judiciary Committee. The bill prohibits felons from owning intact dogs and dogs over thirty pounds. Further, all dogs owned by felons must be microchipped.

- Rep. Chapa-LaVia has introduced H4711, a bill that would increase penalties relating to dog fighting from a Class C misdemeanor to a Class A misdemeanor. If a person who is under thirteen years of age is brought to a dog fight, the parent, guardian or adult who brought the child would be charged with a Class 4 felony for a first offense. The House Committee on Judiciary II – Criminal Law will hear the bill.

- H4761, authored by Rep. Beaubien, has been tabled by the author. The bill would have allowed the animal control warden to find a dog vicious. Under current law only a circuit court may determine that a dog is vicious.

- Rep. Tenhouse has introduced H4804 to require the Illinois Emergency Management Act operations plan to include the needs of those with pets and service animals. The bill has been read twice and is now on the House Short Debate Calendar. A similar measure, S2836, sponsored by Sen. Dillard, has been introduced in the Senate.

- Rep. Myers has introduced H5367, a bill to amend the State Parks Act to designate areas within state parks where dogs, cats and other domesticated animals may be exercised or trained. Any animals brought into the park would be required to have appropriate vaccines.

- H5541, authored by Rep. Beaubien, has been tabled. The measure would have eliminated a limitation on fines or penalties in excess of $50 for dogs running at large. Additionally, the bill would also have allowed a county board to appoint an Administrative Law Judge to conduct a hearing to determine if a dog is vicious.

- HR866, authored by Rep. Tryon, creates an Animal Control Task Force to study the issue of dangerous dogs and vicious dogs and subsequently recommend changes to the Animal Control Act. The Illinois Federation of Dog Clubs strongly supports the resolution provided that dog owners have representation on the task force.

- Rep. Tryon has tabled H4213. The proposal would have required that owners of dangerous or vicious dogs maintain liability insurance. Further, the bill required that a dog’s breed be considered in the determination of the dog as dangerous or vicious. The bill imposed a mandatory presumption that any “scheduled dog breed” is vicious. Finally, H4213 established a series of fines and criminal penalties for owners of dangerous or vicious dogs who attack a person. AKC sent statements of opposition to the House Committee on Agriculture and Conservation who was scheduled to hear H4213.

- H4238, by Rep. Boland, has been amended to specify that a dog engaged in hunting, training or is in a dog park is not considered at large. More importantly, the bill now provides that owners of dogs who allow their animals to run loose and seriously injure or kill someone will be guilty of a Class 4 felony. Previously, H4238 punished only owners of intact dogs who committed this crime. AKC, the Illinois Dog Clubs and Breeders Association and concerned dog owners successfully argued that stronger penalties for dangerous dog violations should apply to all owners, not just those who own unaltered animals. With these amendments, the bill passed the House Agriculture and Conservation Committee.

- Rep. Boland has also introduced HJ101, a resolution to establish the Vicious and Dangerous Dog Task Force to study and make recommendations concerning how to best protect the public from dog attacks. The 17-member panel will include representatives from the veterinary community, animal control community, a not-for-profit humane society, the American Kennel Club and an animal behaviorist. AKC strongly supports this effort to identify strategies that effectively address dangerous dogs.

- Sen. Dahl’s S2259 was referred to the Senate Agriculture and Conservation Committee and is currently being held in committee. Among other changes, the bill expands the definition of a vicious dog to include a dog that kills a companion animal outside of its own property. Illinois dog owners are working with Senator Dahl to address specific concerns with this language.

- Sen. Cronin’s S2887 will make an owner liable for civil damages if a dog or other animal attacks or injures any person. The bill has been referred to the Senate Agriculture and Conservation Committee.

- Chicago Alderwoman Rugai’s proposal to ban “pit bulls” ban has been referred to the License and Consumer Protection Committee, but has still not been scheduled for a hearing. Although Illinois state law prohibits local governments from enacting breed-specific legislation, the Chicago City Attorney believes that home rule will allow Chicago to adopt such a measure. AKC has worked closely over the years with Chicago’s Board of Aldermen, Department of Animal Control, and local fanciers to oppose breed-specific legislation and will continue to do so now. Illinois dog owners are encouraged to monitor the situation closely.

- The Village of Bloomingdale has rejected a plan to ban “pit bulls” from the village. Instead the council will review the city’s dog ordinance, including its leash law and dangerous dog law. The council intends to strengthen owner responsibilities and enforcement.

For more information on legislative issues in Illinois please contact the Illinois Dog Clubs and Breeders Association.

INDIANA – Rep. Ayers has introduced H1418, a bill to require the inspection of a kennel before a township assessor issues a license. The measure has been referred to the House Committee on Agriculture and Rural Development.

- A breed-specific proposal remains in the Indianapolis City-County Council Rules and Public Policy Committee. Local fanciers expect a hearing soon. The proposal would deem Rottweilers, American Pit Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, “pit bull” terriers and any mix of these dogs to be dangerous dogs. Owners would be required to license these dogs and would be limited to owning two dogs of these breeds. Dangerous dogs would be required to be kept in a fenced yard, and a person must not be able to stick their fingers or hand through the fence. AKC has sent a letter of opposition and provided materials to local fanciers. To find out how to help oppose this proposal please contact the Hoosier Rottweiler Club.

IOWA – Sen. McCoy’s S2138, a bill that will increase penalties for animal cruelty, has been referred to the Senate Judiciary Committee.

KENTUCKY – Rep. Miller is sponsoring HR139, a resolution to endorse the American Kennel Club’s Canine Good Citizenship program. The measure has passed the House.

- The Louisville Metro Council is considering a new animal control proposal that will impose a number of burdensome fees, expensive licenses, and punitive restrictions that will affect all dog owners. The AKC has sent a letter of opposition to the council members and is working with local fanciers and dog owners to oppose the measure. To find our more details about this proposal please see our Legislative Alert. To find out how you can assist in fighting this measure please contact the Louisville Kennel Club.

LOUISANA – The City of Mandeville has adopted a new leash law. Prior to the recent change a dog was allowed to be controlled by voice commands. Owners who use the lakefront to exercise their dogs and allow their dogs to swim may still do so between 5a.m. and 8a.m. without confining the animals to a leash.

MARYLAND – The Maryland Dog Federation reports that the Prince George’s County government is now allowing out-of-county adoptions of “pit bulls” to county or state animal control facilities. The federation believes that this move constitutes recognition of the fact that most of the “pit bulls” seized by the county are friendly and adoptable. Prince George’s County has had a “pit bull” ban in place for nine years, and they prohibit ownership of any American Pit Bull Terrier or other dog resembling this breed. For more information about please contact the Maryland Dog Federation.

MASSACHUSETTS – H4516, by Rep. Gobi, has been referred to the Joint Committee on Financial Services. The bill will prohibit insurance companies from refusing to issue, renew or charging an increased premium based on the breed of dog residing at the property. The Massachusetts Federation of Dog Clubs and Responsible Dog Owners is working with Rep. Gobi to promote the bill.

- Rep. Kahn’s H3650 will prohibit the foreign importation of cats and dogs by shelters. The bill has been heard by the Joint Committee on Public Health and is eligible for Executive Session. H3650 requires shelters to keep records regarding animals imported into Massachusetts from other states. The bill was prompted by an incident in July, 2004 when a puppy with a new strain of rabies was imported into a Massachusetts shelter. The bill aims to protect the pet buying public from animals that are imported from countries where veterinary health is not up to US standards.

For more information on these bills and pending legislation in Massachusetts, please contact the Massachusetts Federation of Dog Clubs and Responsible Dog Owners.

MICHIGAN - Sen. Gilbert’s SCR36, which was introduced at the request of the Michigan Association for Purebred Dogs, has been assigned to the Senate Judiciary Committee. This concurrent resolution opposes any state efforts to reclassify pet, livestock or animal owners as “guardians.” Sen. Gilbert has also introduced this language as SR86, which has also been assigned to the Senate Judiciary Committee. AKC sent a letter to committee members regarding its support for these important measures, and we encourage Michigan dog owners to contact their representatives to voice their support as well.

-The Detroit City Council has unanimously rejected a proposed breed ban. The Michigan Association of Purebred Dogs, local fanciers and responsible dog owners successfully convinced the council members that breed-specific legislation would be unenforceable, penalize responsible dog owners and would not improve public safety. The measure would have banned new "pit bulls," defined as American Staffordshire Terriers, Staffordshire Bull Terriers, American Pit Bull Terriers and mixed breeds with similar traits, and further required existing owners to comply with restrictive care conditions. Thank you to all the concerned dog owners who contacted the city council in opposition to this measure.

To find out how to get involved in legislative issues in Michigan please contact the Michigan Association for Purebred Dogs.

MISSISSIPPI – Several bills have died in committee including H134, a bill to prohibit debarking; H135, a bill to provide civil damages for intentionally and unlawfully killing a pet; and H710, H1377 and S2007, all of which contained broad revisions to the animal cruelty laws.

MISSOURI – Rep. Chappelle-Nadal is sponsoring H1686, a bill to require mandatory spay/neuter of all “pit bulls,” defined as American Staffordshire Terriers, Staffordshire Bull Terriers, American Pit Bull Terriers, and any dog exhibiting the characteristics of these breeds. Owners of these breeds will further be required to leash and muzzle their dogs when off the owner’s property, purchase a $500 permit for each dog and be limited to two “pit bulls.” For more information about this bill and how you can get involved, please read our Legislative Alert.

- The Maplewood City Council has approved a new animal control ordinance that will establish a leash law, require proper shelter, food and veterinary care, prohibit abandoning an animal and prohibit transporting an animal in an open vehicle. The ordinance further makes it illegal to use an animal for fighting, prohibits tormenting or abusing an animal and prohibits tethering an animal outside for more than eight continuous hours or more than twelve hours in a twenty-four hour period.

NEW HAMPSHIRE – H1440, by Rep. Tilton, has failed passage in the House Commerce Committee. The proposal would have changed the state’s consumer protection law to allow consumers up to 20 days to have the animal examined by a veterinarian and to be granted either reimbursement of the purchase price, replacement of the animal or repayment for veterinarian’s bills. The bill was opposed by Dog Owners of the Granite State who felt that current law, which allows pet purchasers up to 14 days to take the animal to a veterinarian, provided appropriate remedies for pet purchasers.

- Rep. Reed’s H1524, a bill that would allow the Department of Fish and Game to adopt rules concerning the time period allowed for the training of dogs, has failed to pass the House Fish and Game Committee.

- Sen. Roberge’s S350 has been amended. The section requiring boarding kennels to be licensed and inspected by the Department of Agriculture, Food and Markets has been removed and several other important changes have been made. Dog Owners of the Granite State worked hard to obtain these changes.

- S351, a bill to make the drowning of a companion animal an animal cruelty offense, has received approval from the Senate and will proceed to the House. The first offense would be a misdemeanor and the second a Class B felony.

NEW JERSEY – S801 is Sen. James’s reintroduction of the “Responsible Pit Bull Ownership Licensing Act.” Nearly identical legislation was introduced and soundly defeated in two previous sessions. The measure would require owners of “pit bulls,” defined as American Staffordshire Terriers, American Pit Bull Terriers, Bull Terriers and Staffordshire Terriers, to obtain an annual license. S801 further requires anyone who owns a dog to prove that it ISN'T a pit bull. The license fee will be set by each municipality and can be between $150 and $700 annually. Residents who obtain a license are also required to comply with a host of other requirements including muzzling the dog when off the owner’s property, building a specific type of enclosure and obtaining liability insurance. The proposal has been referred to Senate Economic Growth Committee. For additional information on how you can help oppose this bill please read our Legislative Alert.

- A2111, by Asm. Rooney, will require that dog bites be reported to the Department of Health and Senior Services and to municipal prosecutors. The bill further requires municipal court hearings for owners of certain impounded dogs. A2111 will be heard by the Assembly Agriculture and Natural Resources Committee.

- Asm. Green is authoring A465 to clarify that the term deadly weapon includes an animal. The Assembly Judiciary Committee will hear the bill.

- A666, sponsored by Asm. Connors, has been withdrawn from consideration. The bill would have clarified that cruelty to animals includes the use of an animal to injure another animal or the use of any direct or indirect means to inflict cruelty.

- A469 is Rep. Green’s bill to establish a new crime of assault by an animal. The bill provides that a person who purposefully uses an animal to intimidate or put another in fear of bodily injury is guilty of assault by animal. If the animal causes bodily injury the crime increases from fourth degree assault to third degree assault. If the victim is a law enforcement officer the crime is classified as second degree assault. A469 has been referred to the Assembly Judiciary Committee.

- Asm. Van Drew’s A1051 will clarify that animal cruelty investigations may be conducted by the county sheriff’s office. The Assembly Law and Public Safety Committee has been assigned the bill.

- Asm. Vainieri Huttle is sponsoring A1432 to permit each municipality to set the cost for a dog license. S695, a companion bill, has been introduced in the Senate by Sen. Weinberg.

- A1704, sponsored by Asm. Fisher, will require public schools to include instruction on humane treatment of animals as a part of the Core Curriculum Content Standards in Comprehensive Health and Physical Education. The measure has been referred to the Assembly Education Committee.

- A1745, authored by Asm. Johnson, will require the municipal court to hear certain violations of the animal cruelty statutes within fourteen days of the summons date. The bill has been sent to the Assembly Judiciary Committee for review.

- Asm. Burzichelli has introduced A1929, a proposal that will require the state, counties and municipalities to create an emergency plan for companion animals. The Assembly Homeland Security and State Preparedness Committee will hear the bill.

- A2050, introduced by Asm. Oliver, will require that dogs licensed out of state that are brought into New Jersey be licensed within sixty days. The bill has been assigned to the Assembly Committee on Agriculture and Natural Resources.

- Rep. Greenstein’s A2150 provides for the reorganization of the New Jersey Society for the Prevention of Cruelty to Animals. It has been assigned to the Assembly Agriculture and Natural Resources Committee.

- Sen. Martin has withdrawn S386, a measure to add “seizure alert” dogs to the definition of a service animal.

- S872, authored by Sen. Ciesla, directs the Department of Health and Senior Services to adopt regulations prohibiting overcrowding of animals in kennels, pet shops and other retail establishments. The bill has been assigned to the Senate Economic Growth Committee.

- A2502, authored by Rep. Cohen, will define use of an animal to carry drugs or facilities drug-related crimes as animal cruelty. The measure has been referred to the Assembly Agriculture and Natural Resources Committee.

- Rep. Corodemus has introduced AR114, a resolution to endorse the American Kennel Club Canine Good Citizen program and supporting its effort to promote responsible dog ownership. The measure has been assigned to the Assembly Agriculture and Natural Resources Committee.

For more information on legislative issues pending in New Jersey, please contact the New Jersey Federation of Dog Clubs.

NEW MEXICO - Rep. Gutierrez is sponsoring H227, the Animal Sheltering Services Act, to promote safe, healthy and clean living conditions for animals housed in animal shelters, to license euthanasia providers and euthanasia agencies, and to certify euthanasia instructors. H227 has passed the House Committee on Consumer and Public Affairs and will proceed to the House floor. A companion measure in the Senate, S122, is sponsored by Sen. Garcia and has been referred to the Senate Finance Committee.

- Rep. Martinez’s H615 makes a $100,000 appropriation from the general fund for a statewide low-cost or no-cost cat and dog spay/neuter program. The measure has been double referred to the House Committee on Consumer and Public Affairs and the House Appropriations and Finance Committee.

- HJM13 was tabled in the House. The measure requested the Governor to declare June “Spay and Neuter Awareness Month” and requested state officials to take steps to reduce animal overpopulation.

NEW YORK - Asm. Lentol’s A1977 has passed the Assembly and will proceed to the Senate Committee on Aging. The bill would create a program to match seniors with companion animals and to teach seniors about the humane care of animals.

- A9744, authored by Asm. Magee, will prohibit dogs from being tethered or attached to a pulley system for more than six hours per day. The Assembly Committee on Agriculture will hear the bill.

- Asm. Peralta has introduced A9775 to require that all dogs and cats be microchipped and provides for the creation of a registry. The proposal has been referred to the Assembly Agriculture Committee.

- A9300, authored by Rep. Ignizio, would make the German Shephard Dog the official state dog of New York. It has been referred to the Assembly Governmental Relations Committee. For more about the bill please see our recent news article on the press conference at AKC headquarters.

- Asm. Tedisco is preparing to introduce a bill to make it a felony to use an animal to commit a crime. The proposal is a response to a recent case where drug smugglers implanted heroin in puppies in order to transport the drugs.

- A recently enacted state law requires that dog licenses be valid only until a dog’s rabies certificate expires. Prior to this a change an owner could purchase a year license even if the rabies vaccine expired in three months. Municipalities can issue one, two or three year licenses, but the term of the license can not extend beyond the dog’s revaccination date. Some residents are upset that they will have to purchase two licenses this year in order to remain in compliance.

For more information on legislative issues in New York please contact the Long Island Coalition of Dog Owners or Responsible Dog Owners Association of New York.

OHIO - Lancaster is considering an ordinance to update its dangerous dog law. City Law Director Terre Vandervoort is preparing several drafts, one of which will include banning “pit bulls,” although it is not yet known which breeds may be affected. The Ohio Supreme Court ruled last year that much of the state’s dangerous dog law, which automatically deems “pit bulls” vicious, was unconstitutional because it did not contain an appeals process. The city law director hopes to have a draft ready for the council’s review by the end of February.

OKLAHOMA –Four breed-specific bills have now been introduced and assigned to committees in Oklahoma. The Canine Legislation department sent statements of opposition and model dangerous dog laws to sponsors and committee members, but more help is needed. To find out how you can help, please see our Legislative Alert.

- Rep. Smithson's H2076 has been assigned to the House Health and Human Services Committee. The bill would allow the owner of a dog that has killed a human to be charged with a felony, be sentenced to up to five years in prison, and face a fine of up to $25,000. The owner of a dog that had been previously declared potentially dangerous and that inflicts physical injury to a person or damage to real property could be held liable for economic damages.

- H2697, authored by Rep. Worthen, is another dangerous dog bill that will expand the definitions of potentially dangerous and dangerous dogs. This bill has been assigned to the House Health and Human Services Committee.

- A final dangerous dog proposal, H2813, would require owners of dogs that have been declared dangerous to obtain a $100,000 liability policy. Further, an owner who allows a dangerous dog to escape would be required to serve 40 hours of community service in addition to any jail term they might receive.

RHODE ISLAND - H6829, authored by Rep. Voccola, will establish a consumer protection bill for dog purchasers. The proposal requires that animal sellers make certain declarations in writing including a statement about the animal’s health and whether or not the dog has been seen by a veterinarian. The bill also entitles pet purchasers to remedies from the seller if 1.) A veterinarian states in writing, within 20 days of purchase, that the animal is suffering from or has died from an illness, disease or other defect adversely affecting the animal's health and that this condition existed in the dog on or before delivery to the purchaser or 2.) A veterinarian states that within 2 years of purchase the animal possesses or has died from a congenital or hereditary condition adversely affecting its health. The remedies include returning the animal for a refund and reasonable payment of veterinary bills, exchanging the animal and receiving reimbursement of reasonable veterinary fees, or retaining the animal and receiving reimbursement for reasonable veterinary expenses. The bill will be heard by the House Health, Education and Welfare Committee.

- The House Committee on Health, Education and Welfare will also hear Rep. Lewiss’s H6901, a bill to prohibit tethering when the owner is not home. The bill further prohibits leaving the dog outside, tethered or in a pen, for more than 30 minutes if shelter is not available. It also includes very complicated standards that must be followed in order to avoid cruelty charges.

SOUTH CAROLINA – Charleston County is considering a proposal that would require all animals released from the shelter, including those reclaimed by owners for a first offense, to be spayed or neutered. AKC has sent a letter urging the council members to work with local fanciers and dog owners to reach a reasonable compromise regarding dogs reclaimed by their owners.

TENNESSEE – Rep. West is sponsoring H2616, a bill that will allow animal shelters holding animals that are illegally used for animal fighting to receive compensation from the defendant for caring for the animals pending the disposition of the charges.

- S2626, introduced by Sen. Burchett, would establish an education program and a program to reimburse local governments for subsidizing spay/neuter clinics and surgeries. The program will be funded by rabies vaccination certificates, sales of the new Animal Friendly specialty license plate and any funds appropriated from the general fund.

UTAH – Rep. Wyatt’s H61 has passed the House Judiciary Committee. The proposal would make the torture of an animal a felony. The bill also makes changes to penalties for other animal cruelty offenses. Further, H61 requires that the court specifically state why a person convicted of an animal cruelty offense is not required to receive counseling. The bill also requires that the perpetrator pay restitution and be prohibited from having possession of animals for a specified period. Finally, the bill requires that a confiscated animal be offered for adoption or for sale at auction prior to being euthanized.

VERMONT – Sen. Cummings’s S250, which would make it a criminal act to crop a dog’s ears for non-therapeutic purposes, has passed the Senate and will now proceed to the House Agriculture Committee. A $3000 fine would be assessed for the first violation. AKC has sent several letters of opposition to state legislators, and is working closely with the Vermont Federation of Dog Clubs, but more Vermont fanciers’ voices are urgently needed! To find out how you can help oppose S250, please read our Legislative Alert.

- Sen. Illuzzi has introduced S286 to require that the Vermont Emergency Management division establish a state animal response team to develop an animal disaster emergency plan. The proposal has been referred to the Senate Government Operations Committee.

To find out how you can become involved in legislation in Vermont, please contact the Vermont Federation of Dog Clubs.

VIRGINIA - H340 has been amended to provide an exemption when a dog attacks another companion animal that has provoked it. H340 will further require cities and counties to regulate dangerous and vicious dogs and establishes the Commonwealth of Virginia Dangerous Dog Registry. The bill will grant law enforcement officers the power to petition a court to find a dog dangerous. It further prohibits the sale, adoption, transfer or foster of dangerous dogs. H340 passed the House and was referred to the Senate Committee on Agriculture, Chesapeake and Natural Resources.

- S491, authored by Sen. Quayle, will create a new Class 6 felony for recklessly controlling or handling a dog or other animal that seriously injures another person. The bill has passed the Senate and will proceed to the House.

- Rep. Cole is sponsoring H1411, a bill to exempt from the “dealer” definition anyone that breeds show or hunting dogs. Further, the proposal would exempt these breeders from any local permitting requirement. The bill is supported by the Virginia Federation of Dog Clubs.

- Rep. Shuler has introduced H1532, a bill that will prohibit the abandonment or dumping of companion animals. Violators can be charged with a Class 1 misdemeanor. H1532 has been referred to the House Agriculture, Chesapeake & Natural Resources Committee.

- H1563, authored by Rep. Orrock, will require the Department of Criminal Justice Services to approve a training course for animal control officers. The proposal, which is supported by the Virginia Federation of Dog Clubs, has been assigned to the House Agriculture, Chesapeake & Natural Resources Committee.

- H858, authored by Rep. Hargrove, provides that anyone using violence against a dog in the face of an actual or imminent attack by the dog shall be presumed not to violate the cruelty to animal’s provisions. The House Agriculture, Chesapeake & Natural Resources Committee will hear the bill.

- Rep. Melvin is sponsoring H1039, a bill to create a Class 6 felony for recklessly controlling or handling a dog or other animal that severely injures another person. The measure has passed the House and will proceed to the Senate.

- H1168, sponsored by Rep. Eisenberg, requires the state veterinarian or his designee to conduct inspections of every pound and shelter annually and every pet shop twice annually. The bill has been assigned to the House Committee on Agriculture, Chesapeake and Natural Resources.

- Rep. Kilgore is sponsoring HJR116, a resolution to direct the State Crime Commission to study the need for regulation, training and funding of animal control officers. The Virginia Federation of Dog Clubs has endorsed this resolution. It has passed the House and now moves to the Senate.

- HJR124, authored by Rep. Orrock, encourages the Virginia Association of Counties and the Virginia Municipal League to advise their respective members to adopt public nuisance animal ordinances. The proposal, which is supported by the Virginia Federation of Dog Clubs, has passed the House and will proceed to the Senate Rules Committee.

- Rep. Hargrove’s H265, a bill that will increase the amount that local governments are allowed to charge for animal license taxes from $10 to $35, has been assigned to the House Agriculture, Chesapeake & Natural Resources Committee.

- Rep. Welch’s H828 has been tabled by the House Agriculture, Chesapeake and Natural Resources Committee. The bill would have prohibited live animals from being awarded as prizes at a carnival or midway. The Virginia Federation of Dog Clubs and AKC supported this bill.

- Sen. Houck’s S200 has passed the Senate and will now proceed to the House. S200 provides criminal penalties for owners whose dogs cause serious injury or death. It further creates a dangerous dog registry and requires owners of dangerous dogs to obtain at least $300,000 in liability insurance coverage. The bill allows any law enforcement officer or animal control officer to initiate a dangerous dog hearing and mandates that municipalities enact dangerous dog laws. Sen. Houck introduced this bill in honor of an elderly woman in his district – Fredericksburg – who was killed in a dog attack last year.

- S232, authored by Sen. Ticer, will protect any person who in good faith makes a report or provides information to a government agency regarding animal cruelty by a pet shop, pound, kennel or releasing agency. The measure has been assigned to the Senate Committee on Courts of Justice.

- Sen. Stolle’s S574 prohibits giving away any unweaned dog or cat. The Virginia Federation of Dog Clubs believes that an exemption is needed for rejected or orphaned animals. The measure has passed the Senate and is headed to the House.

For more information on pending legislation in Virginia, please contact the Virginia Federation of Dog Clubs.

WEST VIRGINIA – H3120, introduced by Rep. Overington, has been referred to the House Health and Human Resources Committee. The bill would expand the crimes under animal fighting. Specifically, the measure would make it illegal to organize, aid, be employed at, or sell admission to any animal fighting venture, or permit premises to be used for animal fighting. The bill would also make it illegal to possess, own, train transport or sell animals to fight, or to possess gaffs, slashers or any device to enhance an animal’s fighting ability.

- Rep. Talbott’s H4072 will prohibit a person who is not a dog’s owner from removing the tags, collar or apparel of a dog without the owner’s permission.

- H4295, authored by Rep. Kiss, will establish a $10 bird dog training permit and establishes certain requirements for where and how training may take place. The bill has passed the House Committee on Agriculture and Natural Resources.

- HR8, authored by Rep. Tansill, endorses the AKC Canine Good Citizenship program and supports its effort to promote responsible dog ownership.

- Sen. Edgell’s S15 would create the West Virginia Exotic and Domestic Animal Control Act. The bill would establish an Exotic and Domestic Animal Control Board that would have the power to designate animals or species as dangerous to public safety. The bill has been referred to the Senate Agriculture Committee.


UNITED STATES – Senator Santorum's staff and Senate legislative counsel have completed a draft of the revised PAWS bill. The draft was provided to the US Department of Agriculture and the 26 Senate co-sponsors of PAWS at a recent briefing for their review and comment. The Discussion Draft of PAWS will be made public after the USDA and the co-sponsors have an opportunity to review the updated language. Senator Santorum's staff has told us they expect this to be accomplished shortly. To read more about the status of the PAWS bill, please read our recent news alert.


ENGLAND – The Animal Welfare Minister has announced support for a bill proposing a total ban on tail docking. There are no exemptions for hunting dogs or police dogs or even for a veterinarian to remove a tail when medically necessary.

   
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