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Around the Nation:
Legislation That Affects You
March 2006

ALABAMA – S82 has passed the Senate and will now be heard by the House 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.

CALIFORNIA – The Los Angeles County Board of Supervisors has requested staff to draft a proposal to impose mandatory spay/neuter and breeding restrictions for all dogs. AKC is working with local fanciers and concerned dog owners to oppose this measure. The ordinance is expected to come before the board of supervisors at the April 18th meeting. To find out more details about this proposal and how you can help please read our Legislative Alert.

- Asm. Ridley-Thomas is sponsoring AB 2862, a bill to regulate the care of animals at retail pet stores. The bill has been assigned to the Business and Professions Committee.

- Sen. Lowenthal has introduced SB 1578, a bill that would prohibit tethering, chaining or tying a dog to a tree, house or stationary object. The measure has been referred to the Senate Judiciary Committee.

- Asm. Hancock has introduced AB 2110. The bill proposes to ban “field coursing,” defined as “any activity in which a dog is left untethered and allowed to track and pursue any rabbit, hare, or fox and that results in the injury or death of the rabbit, hare, or fox.” The bill contains exemptions for lawful hunting and animals engaged in livestock management. AB 2210 has been referred to the Assembly Public Safety Committee.

- The Sacramento County Board of Supervisors has directed staff to prepare a draft ordinance proposing a $200 intact animal license fee. The Coalition to Stop Animal Overpopulation,” which is comprised of members from the local humane society and the Association of Veterinarians for Animal Rights, presented the proposal at a recent workshop. The framework calls for a $300 fine for violation of the ordinance. AKC is working with local fanciers to oppose the measure. For more information on how you can help defeat this proposal, please contact the Sacramento Council of Dog Clubs.

COLORADO - The City of Centennial continues to consider the issue of dangerous and vicious dogs. The city is not considering breed-specific legislation at this time, but rather is pursuing a stricter leash law and stiffer penalties for animal nuisance complaints. AKC has sent sample legislation and materials to the city attorney and mayor.

- Lafayette is also working on a dangerous dog proposal. The latest proposal from the city attorney’s office would create an “Animals of Concern” category. Although these dogs would not be deemed vicious, their owners would still have to comply with a variety of restrictions. The breeds in this category include American Bulldog, Old Country Bulldog, Dogo Argentino, Canary Dog, Canary Island Dog, Presa Canario, Pero de Presa Canario, Presa Mallorquin, Perro de Presa Mallorquin, Ca de Bou, Tosa Inu, Tosa Fighting Dog, Japanese Fighting Dog, Japanese Mastiff, Cane Corso, Cane di Macellaio, Sicilian Branchiero, Fila Brasileiro, Boerboel, Rottweiler, German Shepherd, Chow Chow, Wolf Hybrid, Siberian Husky, Alaskan Malamute, Doberman Pinscher, St. Bernard, Great Dane and any dog resembling these breeds. Residents would be limited to one dog of these breeds, be required to construct a 6-ft privacy fence and use a 4-ft leash when the dog is off the owner's property. AKC has sent the mayor and city council a statement opposing breed-specific measures and offering model dangerous dog legislation.

- The majority of the 100 people who attended a recent public workshop on dangerous dogs in Longmont were opposed to banning specific breeds. The city council has not yet proposed a breed-ban, but is exploring options for regulating dangerous dogs. AKC has sent a letter to city officials urging them to pursue a dangerous dog law based on a dog’s deeds rather than its breed and has provided model dangerous dog ordinances.

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

CONNECTICUT – The Joint Committee on Environment is sponsoring H5743, a bill that will establish a training and certification program for municipal animal control officers. The Joint Committee on Environment will hear the bill.

- H5751 is also sponsored by the Joint Committee on Environment and will enable animal control officers to issue citations. The measure further provides that the officer involved can not be a member of a hearing board if the citation is appealed. The bill has been referred to the Joint Committee on Environment.

- A final bill by the Joint Committee on Environment, H5795, will require any impounded animal to be spayed or neutered, even if the animal is reclaimed by the owner. The proposal will further establish low cost spay/neuter programs and increases redemption fees. The measure has been assigned to the Joint Committee on Environment.

DELAWARE – The New Castle County Council has rejected a proposed breed-specific ordinance. The measure would have deemed “pit bulls,” defined as Staffordshire Bull Terriers, American Staffordshire Terriers, American Pit Bull Terriers or any dog displaying a majority of the physical characteristics of these dogs, to be dangerous. AKC worked with the Wilmington Kennel Club and local dog owners to oppose the measure. Congratulations to all who worked to educate the council members about breed-specific legislation.

FLORIDA – Rep. Culp has introduced H43, a measure to increase minimum fines and establish incarceration periods for certain animal cruelty offenses. The companion bill, S484, has been assigned to the Senate Agriculture Committee.

- H563, also authored by Rep. Culp, will create a task force on juvenile cruelty to animals. A companion measure, S1590, has been introduced by Sen. Rich.

- Sen. Rich is also 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 introduced by Rep. Detert in the House.

- Sen. Bullard’s S470 will require anyone who offers a dog or cat for sale to provide animal purchase disclosures with the sale of each dog or cat. Such disclosures will include information about the breeder, and the animal’s birth, origin and registration information, if applicable. Sen. Bullard is also sponsoring S674, a bill that will require pet dealers (defined as persons who sell more than two litters or 20 dogs or cats per year) to be licensed and inspected at least once a year. The bill would institute a dealer license fee of $100 for a pet dealer selling more than 25 dogs or cats per year, and a fee of $25 for pet dealers selling fewer than 25 animals. Pet dealers will further be required to display license information in advertisements. S674 also includes several additional modifications to the state’s existing pet dealer law. The Florida Association of Kennel Clubs opposes both of these bills. For more information please contact them at dja0218@aol.com.

GEORGIA – H1376, authored by Rep. Marin, requires veterinarians to issue rabies tags when they inoculate animals. The measure further authorizes counties to set a fee not to exceed $5 (up from 50 cents) for each tag, and requires veterinarians to collect the fee at the time of vaccination. The measure was referred to the House Health and Human Services Committee.

- Rep. Knight is sponsoring H1497, a bill to address “vicious” dogs. According to the measure, a vicious dog is defined as one that is owned or trained for the purpose of fighting, or one that, on a previous occasion known to the owner, has attacked or injured any human being without provocation. Exemptions are included for dogs that attack people who are trespassing or teasing the animal. H1497 further provides penalties for violators. The Georgia Canine Coalition is supporting the measure with reservations, as they would prefer to see a complete overhaul made to the state’s dangerous dog law in the 2007-08 session. H1497 passed the House and now moves to the Senate.

- Sen. Roger’s S229 defines animal fighting and baiting, and increases fines related to these crimes. The measure has been referred to the House Non-Civil Judiciary Committee.

For more information about pending legislation in Georgia, please contact the Georgia Canine Coalition.

IDAHO – The Senate Judiciary and Rules Committee is sponsoring S1396. The bill will amend the state animal cruelty laws and will expand the duties of animal control officers. S1396 also allows for an expedited forfeiture hearing to determine whether the owner of a seized animal will pay for the boarding and care of the animal or if they will relinquish ownership. This provision is intended to decrease the costs for local agencies to care for the animals pending adjudication of the charges. The bill passed the Senate Agricultural Affairs Committee and proceeds to the Senate floor.

ILLINOIS – Rep. Boland’s HJ101 establishes 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. SJR80, sponsored by Sen. Harmon, is the Senate companion bill.

- Rep. Chapa-LaVia’s H4711 passed the House and is headed to the Senate. The bill increases 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.

- H4804, authored by Rep. Tenhouse, passed the House and will now be heard in the Senate. The bill amends the Illinois Emergency Management Act operations plan to include the needs of those with pets and service animals.

- Rep. Boland’s H4238 passed the House and is now headed to the Senate Judiciary Committee. The bill has been amended to provide 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.

- The City of North Chicago has adopted a breed-specific ordinance that deems “pit bulls,” defined as Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers and American Pit Bull Terriers, dangerous. It requires owners to purchase a special license ($500 for one dog, $1000 for two), keep the animal in a specified enclosure, spay or neuter the dog and obtain $100,000 worth of liability insurance. AKC was notified after the ordinance had passed but sent a letter requesting that the city council repeal the measure in favor of a generic, enforceable dangerous dog law.

- The City of Waukegan has decided to pursue a reasonable, enforceable dangerous dog law rather than a breed-specific proposal. Local dog owners worked to oppose a proposed breed-specific ordinance. The AKC sent a letter and materials to the city council to assist them in developing this new ordinance.

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

IOWA – S2555, authored by Rep. Bukta, will provide that an owner of an intact dog who allows their animal to run at large is guilty of a misdemeanor. A violation of this section would result in a fine of $500 to $5000 or up to two years confinement. The House Public Safety Committee will consider the bill.

KANSAS – H2919, authored by Rep. Sawyer, will amend the animal cruelty laws. The measure establishes definitions and penalties for intentional abuse and negligent abuse. The bill has been referred to the House Judiciary Committee.

KENTUCKY – H733, authored by Rep. Palumbo, will prohibit insurance companies from refusing to issue or renew a homeowner’s insurance policy based upon the breed of dog owned by the insured. The measure has been assigned to the House Banking and Insurance Committee.

- The Louisville Metro Council has created a task force to study and recommend changes to the animal control ordinance. The task force will address the breed-specific ordinance proposed by Councilwoman Cheri Bryant-Hamilton, as well as the changes proposed by Animal Control Director Gilles Meloche. Meloche’s proposal would impose a number of burdensome fees, expensive licenses, and punitive restrictions that will affect all dog owners to promote reasonable and enforceable regulations. To find our more details about the situation in Louisville, please see our Legislative Alert. To find out how you can assist in fighting this measure please contact the Louisville Kennel Club.

MARYLAND – Rep. Levy has introduced H11, a bill that would prohibit a person from inflicting unnecessary suffering or pain on an animal and provide for the prosecution of individuals who violate this provision. The bill passed the House and was sent to the Senate Judicial Proceedings Committee.

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, and the Canine Legislation department sent a letter of support as well.

- H3650 will prohibit shelters from importing animals from other countries, US territories, Alaska or Hawaii. The measure passed the Joint Committee on Public Health and will now be heard by the Joint Committee on Environment, Natural Resources and Agriculture. The Massachusetts Federation of Dog Clubs and Responsible Owners supports the bill.

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

MICHIGAN – Rep. Sheltrown has introduced H5799, a bill that will prohibit insurance companies from increasing rates or denying coverage based on the breed of dog residing at the home. The House Committee on Insurance will hear the bill.

-The Romeo City Council has 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. 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.

MISSOURI – The City of Springfield has been working on a new breed-specific dangerous dog ordinance since late 2005. The AKC has sent the city council letters opposing breed-specific legislation, as well as samples of generic, reasonable and enforceable dangerous dog laws. To find out how you can help defeat this proposal, please contact the Ozarks Kennel Club.

- The City of Maryland Heights has funding for the city’s first dog park. The park will be on four acres and will include a parking lot and children’s playground. The city expects to institute a $25 per year usage fee for residents.

For more information on legislative issues in Missouri, contact the Missouri Federation of Animal Owners.

NEW HAMPSHIRE – H1130 was voted “Ought Not to Pass” by the House Environment and Agriculture Committee. The bill would have imposed regulations on housing for outdoor dogs that Dog Owners of the Granite State (DOGS) felt were vague and unreasonable.

- S329, sponsored by Sen. Roberge, has failed to pass the Senate. The measure would have prohibited dogs from being left alone in cars if it endangered the dog’s health or safety.

- S350 passed the Senate and now moves to the House. The measure regulates boarding kennels, although it exempts facilities that board less than 10 animals. DOGS opposes S350, believing it to be an expensive, burdensome measure that provides little remedy to consumers.

For more information about pending legislation in New Hampshire, please contact the Dog Owners of the Granite State.

NEW JERSEY – The New Jersey Federation of Dog Clubs is concerned about two bills – H1432 and S695 – which would remove the cap on how much municipalities can charge for dog licenses. S695 was recently amended to reinstitute the cap but raise it from the current $7 to $21. New Jersey dog owners still believe this amount to be high and are instead supporting a maximum $14 license fee.

A2820, sponsored by Asm. Cohen, will prohibit insurance companies from charging an increased rate for homeowner’s insurance based on the breed of dog maintained on the premises. The bill has been referred to the Assembly Committee on Financial Institutions and Insurance.

- Asm. Caraballo is sponsoring A2645, a bill that would prohibit landlords, not including apartment complexes, from refusing to lease or renew a lease because of a pet. To be covered by this law, an animal would have to be spayed or neutered and the owner must be in compliance with local animal control laws.

- A2649, authored by Asm. Van Drew, would establish expanded definitions of animal cruelty and increase penalties for violation. The bill has been referred to the Assembly Agriculture and Natural Resources Committee.

To find out how you can assist with legislative issues in New Jersey, please contact the New Jersey Federation of Dog Clubs.

NEW YORK – Asm. Glick’s A1824 passed the Assembly Insurance Committee and now proceeds to the Assembly Committee on Codes. The bill prohibits insurers from refusing to issue or renew, or charge an increased premium for homeowner’s insurance based on the breed of dog owned. The Canine Legislation department sent a letter in support of this important measure. For more on this bill, please read our Legislative Alert.

- Asm. Tedisco has introduced A9932, a bill that expands the definition of aggravated animal cruelty to include harm to animals during the commission of a felony. The bill was prompted by a recent case where drug smugglers attempted to bring drugs into the country by hiding the drugs inside puppies. A companion measure, S6720, is being sponsored by Sen. Padavan.

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 – The Sixth District Court of Appeals in Ohio handed responsible dog owners a monumental victory earlier this month when it ruled that local and state breed-specific "vicious" dog laws were unconstitutional. The appellate court declared these laws unconstitutional for failing to provide due process. The court further found that the law unfairly singled out “pit bulls” when there was no rational basis for a claim that they are more dangerous than other dogs, and that there is no appropriate way to determine if a dog is a “pit bull.” Read more about the ruling in our Legislative Alert.

- Rep. Webster has introduced H533, a bill to remove the provision in state law that deems “pit bulls” to be dangerous dogs. The measure will allow local governments to enact breed-specific ordinances. For more information about H533, please contact Ohio Valley Dog Owners.

OKLAHOMA – AKC has learned from responsible dog owners in Oklahoma that Sen. Earl Garrison, Chairman of the Senate General Government Committee, has agreed not to hear S1569 and S1702. These bills would have permitted cities and counties to enact breed-specific legislation, action that is currently prohibited by state law. With this legislation effectively dead in committee, and Rep. Paul Wesselhoft's H2657 and H2658 also dead, dog owners can feel cautiously optimistic that their efforts to defeat breed-specific legislation have been successful. Congratulations to all who helped make this possible.

- The City of Tecumseh is considering an ordinance that would limit residents to a maximum of two pets. The city was originally scheduled to vote on the measure in February, but has tabled it to give staff more time to research limit laws in other cities. AKC sent a letter opposing limit laws to the members of the city council.

RHODE ISLAND – H7527, sponsored by Rep. Trillo, would increase the fine for animal cruelty to $10,000 and would allow anyone age 14 or over to be charged with the crime. The bill has been assigned to the House Judiciary Committee.

SOUTH CAROLINA – Rep. White has introduced H4654, a resolution to recognize the importance of dog training programs and to honor the American Kennel Club’s Canine Good Citizenship program.

SOUTH DAKOTA - Sen. Elliott’s H1178 has been signed into law. The measure provides for the establishment of trusts and honorary trusts for animals.

TENNESSEE – H2791, authored by Rep. Marrero, provides civil and criminal immunity for certain persons, including humane society employees, law enforcement officers or “any other person lawfully on the property,” who use reasonable force to remove a confined animal from imminent danger or serious injury. The proposal has been referred to the Subcommittee on Constitutional Protections. Sen. Finney has introduced S2761, a companion measure in the Senate.

- Rep. Tindell’s H3511 will establish a program to reimburse counties for providing low cost spay/neuter programs. The bill also creates a statewide education campaign about the benefits of spaying and neutering. The bill will be heard by the House Government Operations Committee. A companion bill, S2626, is being sponsored in the Senate by Sen. Burchett.

- Rep. Jones is sponsoring HR181, a resolution to recognize the American Kennel Club’s Canine Good Citizenship program. The measure passed the House and is headed to the Senate.

- S3558, authored by Sen. Person, makes it a crime to possess, keep, use, or train an animal for the purposes of fighting. The Senate Judiciary Committee will hear the bill.

- S3565 authorizes shelters who take in animals used illegally for fighting to receive compensation from the owner for caring for the animals, pending disposition of the charges. The bill, authored by Sen. Person, has been referred to the Senate Judiciary Committee.

- The City of Memphis is looking into expanding its vicious dog law to address dogs that attack other animals. The current ordinance only covers attacks on human beings. The city administrator said they are looking to create remedies in cases where a dog causes serious injury or death.

VERMONT – Sen. Cummings’s S250, which would make it a criminal act to crop a dog’s ears for non-therapeutic purposes, passed the Senate and was heard by the House Agriculture Committee. Countless dog owners, led by the Vermont Federation of Dog Clubs, attended the hearing to express their strong opposition to the measure. A vote is expected from the committee any day. For more information on how you can help AKC and fanciers defeat the bill, please contact the Vermont Federation of Dog Clubs.

VIRGINIA - H340 passed both houses and has been sent to Governor Kaine. H340 requires cities and counties to regulate dangerous and vicious dogs and establishes the Commonwealth of Virginia Dangerous Dog Registry. The bill grants 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 does provide an exemption when a dog attacks another companion animal that has provoked it.

- Rep. Orrock’s H339 has also been sent to the governor. The bill requires veterinarians to report rabies vaccination information to the local treasurer’s office. The treasurer is then charged with ensuring that all dogs are licensed. The Virginia Federation of Dog Clubs is very concerned that such a law would be a disincentive for owners to properly inoculate their pets, thereby threatening public safety.

- Rep. Kilgore’s HJR116 has been adopted. This resolution directs the State Crime Commission to study the need for regulation, training and funding of animal control officers. The Virginia Federation of Dog Clubs supported this proposal.

- HJR124, authored by Rep. Orrock, has also been adopted. The resolution encourages the Virginia Association of Counties and the Virginia Municipal League to advise their respective members to adopt public nuisance animal ordinances. The Virginia Federation of Dog Clubs was in support of this measure and looks forward to working with local governments to establish reasonable and enforceable ordinances.

- Sen. Houck’s S200 has been sent to Governor Kaine. 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. Another measure by Rep. Houck, SJR12, has been adopted. The resolution designates the last full week of September as Responsible Dog Ownership Week.

- Sen. Stolle’s S574 passed both houses and is headed to the governor’s desk. The bill 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.

- Several pending bills died after failing to pass out of committee in time to meet a recent deadline. S55 would have required animal dealers, including fanciers and hobby breeders, to obtain a license and to spay or neuter all animals before selling them. H265 would have increased the amount that local governments could charge for animal licenses. Rep. BaCote’s H278 would have authorized the City of Newport News to charge up to $35 to license an intact animal. H858 would have amended the animal cruelty laws to provide that anyone using violence against a dog in the face of imminent and actual attack would be presumed not to violate animal cruelty laws. A bill to exclude show and hunting dog breeders from the definition of an animal dealer, H1411, also died.

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

WASHINGTON – Despite the fact that AKC and fanciers worked with the City of Auburn two years ago to defeat proposed breed-specific legislation, the city recently introduced and passed another such measure. The ordinance that requires owners “potentially dangerous dogs” (defined as the following breeds: Akita, American Staffordshire Terriers Bull Terrier, Cane Corso, Dogo Argentino, Doque de Bordeaux, Kuvasz, Pit Bull Terrier, Presa Canario, Staffordshire Bull Terrier and Tosa Inu) to register their dogs with the city, muzzle them when off the owner’s property and keep the dogs in specified enclosures. The AKC was not notified of the measure until after its passage. The Canine Legislation department sent a letter asking the city council to repeal the ordinance in favor of a reasonable, enforceable dangerous dog ordinance and provided them with model legislation that is not breed-specific.

- The City of Federal Way has decided not to pursue a breed-specific ordinance. The city will instead increase enforcement of the existing law and increase fines and penalties relating to dangerous dogs. AKC sent a letter of opposition to the city council and is working with local dog clubs to assist the city in making the desired changes to the existing ordinance.

WEST VIRGINIA – S263, sponsored by Sen. Unger, establishes parameters for tethering a dog, including the length and weight of the tether. The bill also requires that a dog that is tethered have access to food, water and shelter or dry ground. The bill has been referred to the Senate Judiciary Committee. A companion measure, H4485, authored by Rep. Brown, has been referred to the House Natural Resources Committee.

- Rep. Campbell is sponsoring HCR85, a joint resolution that asks the Joint Committee on Government and Finance to conduct a review of issues relating to public safety and dangerous animal attacks. The resolution has passed the House Rules Committee.

   
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