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Deciphering Legislative Language
January 2006

During this time of year, Legislative Liaisons spend a great deal of time reading and processing the many bills that are being introduced in their state legislatures. This can be a daunting task, even for veterans of canine legislation. Here are a few pointers to help you decipher the often long and confusing pieces of legislation that come across your desk.

• Many new bills amend existing law. Look for language that is in italics or is underscored. This is often new language being added to a particular code section. Language that has a line through it is usually being removed from the code.

Here is an example from Illinois H4212:

Sec. 24. Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to prohibit animals from running at large, nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision . With respect to dogs, regulations and ordinances (i) may ban one or more scheduled dog breeds and (ii) may be provided that no regulation or ordinance is specific to breed.

• Several states provide a synopsis of the bill at the beginning or end of the legislation. Reading this first can be a good way to find out what the author’s intentions are and understand current law before plunging in to the bill text.

Here is an example from California’s SB861 (2005):

SB 861, Speier Animals: dogs: spay, neuter, and breeding programs. Existing law sets forth provisions relating to veterinary public health and safety, as specified. Existing law also provides for or regulates spay, neuter, and breeding programs for animals, as specified. This bill would authorize local governments to enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances. This bill would require those jurisdictions that do implement such programs to provide quarterly statistical reports relating to dog bites to the State Public Health Veterinarian, as specified. The bill would make conforming changes to related provisions.

• Identify special definitions that are being used in the legislation. Often words and phrases are given a specific or narrow meaning for a particular section.

Here is an example from Alabama H252:

Section 1. As used in this act, the following words shall have the following meanings:

(1) ANIMAL SHELTER. Any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare organization, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

(2) ANIMAL WELFARE ORGANIZATION. Any unincorporated nonprofit organization or business entity existing for fostering and adopting dogs and cats by the public.

   
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