State Issues: July 2015

Here are some highlights of state-level issues AKC GR is currently tracking.  Visit the 2015 Legislation Tracking page and click on your state to get the latest updates on state bills monitored by the AKC.

Alabama — House Bill 548 sought to regulate dog breeders and establish criminal penalties for failure to comply with undefined and arbitrary requirements for the care, feeding, and housing of dogs. Compliance with the problematic provisions of HB 548 would have been required for every person and organization that has “custody or ownership” of ten or more intact dogs over the age of six months for the “purpose of breeding the dogs and selling the offspring”. This bill also would have criminalized certain humane and accepted dog care practices. Violations would have been the pejorative crime of “operating a puppy mill”.  HB 548 did not advance in the House Agriculture and Forestry Committee prior to adjournment of the legislative session. Read more about this legislation.  

Alabama — Senate Bill 468 sought to establish prohibitions, restrictions, requirements and penalties regarding outdoor tethering and confinement of dogs.  Among other provisions, it would have required that dogs kept outdoors be confined by one of the following methods:  1) in a pen or enclosure with adequate space for exercise depending on the age, size, “species”, and weight of the dog; 2) in a fully fenced, electronically fenced, or otherwise securely enclosed yard where the dog has the ability run; or 3) on a trolley system or overhead cable run that meets requirements regarding height, length, and other specifications. The bill did not include provisions for dog owners who enclose dogs in pens or kennel runs with regular access to larger exercise areas, leash walking, visits to dog parks, or other forms of exercise. SB 468 was indefinitely postponed in the Senate Judiciary Committee. 

California — Assembly Concurrent Resolution 56 would designate shelter animals as the state pet. This measure is assigned to the Governmental Organization Committee but has not been set for a hearing.

CaliforniaHouse Resolution 28 calls on the Superintendent of Public Education and local school districts to ensure that humane education is part of the core curriculum and to work with local nonprofit organizations to provide humane education to all students. The measure has been introduced but has not been assigned to a policy committee.

California — Assembly Bill 494 would enable courts to include protections for companion animals in restraining orders in cases involving juvenile dependency, elder abuse, and civil harassment. California state law already allows animals to be included in protection orders in domestic violence cases. The American Kennel Club is supporting this legislation. The bill has passed both houses and is awaiting transmittal to Governor Brown.

California — Assembly Bill 794 would extend protections provided to law enforcement dogs and horses to dogs and horses being handled by volunteers under the supervision of a law enforcement officer. Specifically, it would enhance penalties for attacking or intentionally injuring a dog or horse in these circumstances. The AKC supports this legislation. The bill has passed the Assembly and Senate policy committee and is awaiting a vote by the full Senate.

Delaware — Senate Bill 22 would allow law enforcement, animal control officers, animal cruelty investigators and firefighters to enter a vehicle if it is believed the temperature is such as to cause injury or death to the animal. The person removing the animal must make a reasonable effort to contact the owner, and if that is unsuccessful, leave written information with local animal shelters with their name and title and the location of the animal. The bill was amended to clarify that a warning will be issued for a first offense. AKC supports SB 22, which has passed the legislature and is pending action by the governor.

Indiana — The Indiana Natural Resources Commission had proposed a new rule that would have changed several regulations, including those relating to dog training grounds and Beagle field trials.  AKC submitted comments to the commission and worked with local Beagle clubs and organizations, as well as sportsmen groups, to address concerns with portions of the proposal that could negatively impact field trials and humane dog training.  The Commission has tabled the proposal and will continue to seek the input of AKC’s local Beagle clubs when rewriting the regulations.

Illinois — House Bill 4029 would create new requirements for shelters that will help streamline the process to get lost animals home more quickly.  Among other requirements, shelters would have to check for identification within 24 hours after the initial intake of a dog or cat.  An additional scan for a microchip and other forms of identification would also be required prior to transferring an animal to another shelter or rescue group, or euthanization. HB 4029 as amended also states that if the first person listed on the microchip cannot be reached, the shelter must notify the second contact if one is listed.  Also, shelters must notify the owner when one is identified and transfer dogs with identified owners to a local animal control or law enforcement agency for redemption.  If they cannot transfer the animal, they must hold the animal for at least 7 days prior to removing the animal.  The Illinois Federation of Dog Clubs and Owners (AKC’s state federation for Illinois) has worked closely with the state legislature on this measure. The bill, which is also supported by the AKC, has passed the legislature and is pending action by the governor. Read more about this legislation.

Michigan — Senate Bill 239 would prohibit local governments from enacting any breed-specific rules or ordinances.  The bill also states that a local government may enact ordinances that place restrictions or additional requirements on dog owners.  SB 239 has passed the Senate Local Government Committee and is pending in the Senate Agriculture Committee. 

New Hampshire  House Bill 661 would require licensed animal shelters and rescues to compile, maintain, and report certain records for any animal born; accepted from a transporter, animal control officer, or its owner; cared for; sold or otherwise transferred; or which died while in a licensed facility’s possession.  The information would then be reported to the New Hampshire Director of Charitable Trusts for publication.  HB 661 was heard by the House Executive Departments and Administration Committee on Tuesday, February 17, and awaits further committee action.  AKC and its New Hampshire federation both support HB 661.  AKC issued a legislative alert and a letter to the committee in support of the bill.

New Jersey — Assembly Bill 991 seeks to establish a mandatory minimum term of imprisonment for harming or threatening to harm animals owned or used by a law enforcement agency or a search and rescue dog. This bill has passed the Assembly, and has been assigned to the Senate Economic Growth Committee.

New Jersey — Assembly Bill 2264 seeks to regulate dog groomers.  AKC and its New Jersey federation have provided the sponsor, Assemblywoman Huttle, information and assistance on issues that would impact a regulatory scheme targeting dog groomers. AKC provided legislative language and recommendations for a revised measure to improve health and safety oversight, clarify licensing requirements and potentially establish a private-public partnership to better benefit the state. The bill has been assigned to the Assembly Regulated Professions Committee, but has not yet received a hearing.  Due to upcoming state elections in November, bills currently pending in New Jersey are not expected to advance at this time.       

New Jersey — Assembly Bill 2389 would bar employment at animal-related enterprises, or ownership of animals, for at least two years, of those convicted of or found civilly-liable for any animal crime; permit courts to order forfeiture of animals of those found guilty/civilly-liable for violating animal statutes; provide for new animal control officer rules and regulations; and create a statewide animal cruelty registry. This bill has passed the Assembly and is currently pending in the Senate Economic Growth Committee.

New Jersey  Assembly Bill 2961/Senate Bill 1341 support legislation enacted in 2009 by establishing a penalty for failure to include a bittering agent in antifreeze. SB 1341 has unanimously passed the Senate, and both bills have been approved by the Assembly Agriculture and Natural Resources Committee. The AKC supports the legislation.  AB 2961 was substituted by SB 1341, which has passed both houses and is awaiting a concurrence vote. 

New Jersey — Assembly Bill 3034 originally sought to force individuals charged with—but not convicted of—animal cruelty to forfeit ownership of their pets, even after they are later found not guilty of those charges, if they are unable to pay for a care bond for animals seized subsequent to a criminal charge. For defendants already incurring high costs to defend themselves in a criminal proceeding, the additional cost of daily boarding and care fees could prove an impossible burden to meet. In cases where a verdict of not guilty was reached or charges were dropped, a defendant unable to pay would be permanently deprived of their property, with no recourse.  AB 3034 also fails to protect the property interests of non-possessory co-owners of seized dogs.  AKC GR wrote a letter in opposition to AB 3034 as introduced. The bill was amended by the Assembly Agriculture and Natural Resources Committee on June 4, 2015, and remains on second reading.

New Jersey  Assembly Bill 3037/Senate Bill 736  would create a minimum penalty for animal cruelty offenses and revise the state’s animal fighting laws. One provision would allow the court to sever ownership rights when someone has been convicted of cruelty. AKC has asked for an amendment to allow co-owners the opportunity to claim the animal prior to its being surrendered to a shelter or rescue. SB 736 was substituted for AB 3037, and has passed both houses.  The bill awaits action by Governor Christie. 

New Jersey  Assembly Bill 3381, as introduced, expands the animal cruelty statute to include theft or release of animals during burglary. The AKC supports AB 3381 as currently written, and has sent a letter of support and issued a legislative alert. This bill passed the Assembly in December, and is currently under the cognizance of the Senate Economic Growth Committee. 

New Jersey  Senate Resolution 102 endorses AKC’s Canine Good Citizen Program and supports its effort to promote responsible dog ownership. SR 102 passed the Senate Economic Growth Committee, and is pending on second reading. AKC strongly supports SR 102.

New York — Assembly Bill 1451 would require licensing, inspections and other regulations for “pet grooming facilities”, defined as a business where a pet may be bathed, brushed, clipped or styled and pet grooming is the establishment’s predominant source of sales.  The bill has passed the Assembly Economic Development, Codes and Ways and Means Committees and is pending in the Rules Committee.  Its companion Senate Bill 5098 is pending in the Senate Consumer Protection Committee. The New York legislature adjourned for the year prior to taking further action, and the bills could be considered again in 2016. Read more about this legislation.

New York — Assembly Bill 1679 would ban debarking in the state unless it is medically necessary to treat an illness, disease or injury.  Anyone who performs the procedure for any other purpose is guilty of a misdemeanor.  Any veterinarian who performs the procedure for any other purpose could have their license suspended or revoked. The bill was approved by the Assembly and it and its companion Senate Bill 4647 are pending in the Senate Agriculture Committee.  The New York legislature adjourned for the year prior to taking further action, and the bills could be considered again in 2016.  Read more about Assembly Bill 1679.

New York — Assembly Bill 5956Senate Bill 4327 would allow dogs in outdoor eating establishments, as long as certain conditions are met. Conditions include if the owner chooses to allow dogs and the dogs are kept on leash or in a pet carrier. The dining area must also follow specific guidelines, including having a separate entrance for diners bringing their dogs and posting clear signage stating that companion dogs are allowed. The AKC supported these bills, which have passed the legislature and are awaiting the Governor’s signature.  Read AKC’s blog about this legislation

New York — Assembly Bill 6626/Senate Bill 5372 would allow victims of domestic violence to bring their service or therapy dogs with them when going to an emergency shelter.  The AKC supports these bills, which have passed the legislature and will be sent to the Governor.

New York — Assembly Bill 7220 would make several changes and clarifications to the laws regarding hunting dogs.  This includes stating that the dog may not be declared “at-large” if the dog is released on a property where hunting is permitted and is wearing a tag, collar or other device that includes contact information for the owner or handler.  This bill and its companion Senate Bill 3440 have passed both the Assembly and the Senate and will be sent to the governor’s desk.  Read more about this legislation.

New York — Senate Bill 423 would include pets in the definition of “property” in the larceny statutes.  As a result, stealing a pet from someone’s dwelling, enclosure, yard or other property would be a fourth degree grand larceny offense.  The AKC supports this bill, which passed the Senate on June 3 and, along with its companion Assembly Bill 3510 is pending in the Assembly Codes Committee. The New York legislature adjourned for the year prior to taking further action, and the bills could be considered again in 2016. 

North Carolina — House Bill 159 seeks to define “commercial breeder” as any person who owns, has custody of, or maintains 10 or more female dogs over the age of 6 months for the purpose of breeding. Kennels that keep and breed dogs primarily for hunting, sporting, field trials or show would be exempt, but it is unclear how this would be determined. AKC GR is concerned about defining commercial activity solely on animal ownership and transferring oversight away from those with animal husbandry expertise. The bill has passed the House but will likely not advance in the Senate this year.

North Carolina — House Bill 199Senate Bill 247 would allow city councils in Raleigh and Mecklenburg County to donate retired animals that were in active service to the law enforcement or peace officer that handled/worked with the animal.  The AKC supports this legislation.  House Bill 199 has passed the House and is scheduled for a vote by the full Senate on July 29. Read more about this legislation.

North Carolina — House Bill 97 (the state legislative budget proposal) as passed by the Senate would require that the general sales tax rate be applied to gross receipts for a variety of services, including grooming, boarding, training, veterinary services, or “providing other care for an animal.”  Different versions of the state budget were individually passed by the House and Senate and a conference committee has been appointed to negotiate a compromise.  Read more about this measure.

Oregon — House Bill 3494 would have banned the practice of debarking unless it is medically necessary to treat an injury, illness, or congenital defect.  AKC worked with the National Animal Interest Alliance, our state federation, to alert local fanciers about this measure and has sent a letter to all members of the Senate explaining our opposition. The measure died when the legislature adjourned in mid-July.

Oregon  Senate Bill 4 would clarify that a rescue entity includes any group that maintains legal custody of ten or more animals, whether physically located at a facility operated by the entity or kept, housed or maintained elsewhere. The measure has been signed into law by Governor Kate Brown.

Pennsylvania — Senate Bill 22 makes several changes to the Commonwealth’s consumer protection laws, including clarifying that a dog may not be rendered “unfit for purchase” if the dog has intestinal or external parasites, unless the dog is clinically ill or dies, or if the dog has an injury or illness likely contracted subsequent to the date of sale.  SB 22 also requires “releasing agencies" (rescues, shelters, etc.) to provide health certificates including vaccinations, medical treatments, known medical conditions and any illness or disease the dog currently has or has ever had.  The bill also amends the timelines for dogs being considered unfit for purchase.  The AKC and Pennsylvania Federation of Dog Clubs both support this legislation, which unanimously passed the Senate Consumer Protection Committee on April 15 and is pending in the Senate Appropriations Committee.  Read more about this legislation.

Pennsylvania — Senate Bill 77 would make several changes regarding dog training areas.  This includes making it unlawful for anyone to “willfully, negligently, or maliciously” kill, injure or interfere with a dog engaged in training or field trials, or to negligently and maliciously interfere with a person training dogs, participating in field trials or lawfully hunting in a dog training area.  The bill has passed the Senate Game and Fisheries Committee and is pending on the Senate floor.  Read more about this legislation.

Pennsylvania — Senate Bill 373 would amend the commonwealth’s cruelty laws to regulate tethering and sheltering for dogs kept outdoors.  The bill would prohibit tethering a dog outside for more than 30 minutes if the temperature is below 32 degrees. The AKC is concerned that this would impact field trials, sledding, dog training, and other activities where a dog could be humanely tethered in these temperatures.  AKC GR is recommending that the bill be clarified to instead state that a dog should not be left outdoors in conditions where the health and safety of the dog is in immediate danger.  The bill has passed the Senate and is pending committee assignment in the House.  The AKC is working closely with local clubs and sportsmen organizations to address concerns with this measure. Read more about this legislation.  

South Carolina — House Bill 4120 seeks to require licensing and to establish standards for “commercial dog breeders”, defined as a “person or business that owns, has custody of, or maintains twenty or more female dogs over the age of six months that are capable of reproduction and kept primarily for the purpose of breeding and selling the offspring to a person, business, or pet store for resale as pets to the general public”, with certain exemptions.  HB 4120 has been referred to the House Committee on Agriculture, Natural Resources and Environmental Affairs and may be considered during the 2016 legislative session.

South Carolina — Senate Bill 800 seeks to require licensing, fees, and inspections as a “Professional Dog Breeder” for persons who own or control “ten or more intact female adult dogs for the primary purpose of breeding and selling”. S.800 would establish extensive requirements for breeders and empower the Director of the Department of Health and Environmental Control or his/her designee to promulgate additional regulations. The home-based raising of puppies would not be feasible under the requirements of S.800.  Inspections and unlimited re-inspections could be conducted by appointees with no training or certification, and such appointees' organizations would receive resulting fees and civil penalties of up to $5000 per day. Violations subject to these extreme penalties could include minor infractions such as the use of incorrect food storage receptacles. This bill would also expand animal cruelty laws applicable to all animals and establish penalties that would include imprisonment for up to five years and fines of up to $15,000. S.800 would further empower the Director or designee to seize animals if he or she “believes” the animals’ health, safety or welfare are endangered. S. 800, which was referred to Committee on Agriculture and Natural Resources, may be considered in the 2016 legislative session. 

Tennessee — Proposed amendments to HB 1142 and SB 1020 sought to regulate “professional breeders”, defined as a person who possesses or controls ten or more unsterilized female dogs over the age of 6 months for the primary purpose of breeding and selling the offspring as pets.  These amendments would also have granted “appointees” who were not government employees or law enforcement officers access to dog owners’ private property and further empower them to be granted administrative warrants to come onto the property and examine the records of any dog owner to determine if a violation had occurred.  AKC GR issued letters of concern and legislative alerts about these bills. HB 1142 was withdrawn and SB 1020 was deferred to the 2016 legislative session.