State Issues: News from the State Capitols

Here are some highlights of state-level issues AKC GR is currently tracking. Visit the 2017 Legislation Tracking page and click on your state to get the latest updates on state bills monitored by the AKC.

California AB 485 requires that all pet dogs, cats, and rabbits offered for retail sale in California be obtained solely from animal shelters located in California or non-profit rescue groups. The bill removes consumer protections for pet purchasers, limits consumer choice, favors unregulated sources of pets over regulated sources, incentivizes international trafficking of dogs, and harms small businesses. AKC strongly opposed this bill, and worked with a number of allies in opposition. AKC GR published several Op Ed articles in state and national media in opposition to the measure. The bill was signed by Governor Brown on October 13. Click here to read further.

California – In an effort to address predatory pet leasing schemes, Assembly Bill 1491 originally sought to ban all leases in the state that had dogs and cats as their subjects. The AKC opposed the original version of the bill. The Animal Council, an AKC-recognized California federation, worked with Assembly staff to explain how AKC sanctions leasing for the limited purpose of facilitating the breeding of purebred dogs.  The bill was subsequently amended to address concerns prior to passage by the Assembly Judiciary Committee.  The bill was signed by Gov. Brown on October 13.   

Massachusetts House Bill 1080/ Senate Bill 1155 seek to expand restrictions on dog breeders, establish fines for anyone who fails to license their kennel or require them to relinquish ownership of their dogs, and empower the Department of Agricultural Resources to create regulations for those who own eight intact female dogs. The AKC has strong concerns about the bill and joined local dog owners and other organizations in testifying in opposition to these bills in the Joint Municipalities and Regional Government Committee on October 17.  SB 1155 was reported favorably from the committee, and is expected to be further assigned.  HB1080 was retained by the committee, and amendments are expected. Read AKC’s legislative alert for more information on these bills.

Massachusetts – S.460 would impose whelping limits on dogs and add additional stringent rules on those who hold a kennel license. Both AKC and MassFed oppose S. 460.  AKC issued a legislative alert and letter in opposition to S.460. The Joint Environment, Natural Resources, and Agriculture Committee considered the bill on September 12.

Massachusetts – S.470 would prohibit pet shops from selling dogs and cats, unless they offer only dogs and cats owned by public or private charitable nonprofit animal shelters, humane societies, or animal rescue organizations. It provides an exemption for the sale of dogs or cats born and raised by the owner of the pet shop in a separate facility.  Both AKC and MassFed oppose this bill, which was considered by the Joint Environment, Natural Resources, and Agriculture Committee on September 12. 

Massachusetts – S. 866 would protect owners of sporting dog training areas from criminal or civil responsibility for noise pollution/nuisances resulting from normal and accepted training activities if they comply with laws that were in place at the time the training area was established.  AKC supports this bill, which was considered by the Joint Judiciary Committee on September 12.

Massachusetts – S.882 seeks to allow new, noneconomic damages in addition to existing damages in cases involving the death or injury of a companion animal.  The bill was considered by the Joint Judiciary Committee on September 12.  AKC issued a legislative alert and contacted the committee to express opposition to this proposal.  Read more.

Massachusetts – House Bill 852 would create an animal abuser registry, which would list all those who reside in Massachusetts and have been convicted of an animal abuse crime.  Abuser registration would remain in effect for five years, and those convicted of animal abuse would be required to pay $50 annually to be included.  All animal breeders in Massachusetts would be prohibited from transferring an animal to any person listed on the registry. Breeders failing to comply would be subject to fines of not less than $1,000 and imprisonment of up to five years.  AKC is concerned that the requirements could be easily evaded, and therefore unfairly punish those breeders attempting to comply. The bill was considered by the Joint Judiciary Committee on July 18.  Read more.

Massachusetts – House Bill 1078 shares the consumer protection provisions in HB 1080/SB 1155.  It also allows, but does not mandate, kennel inspections, and improves current law by providing for written citations explaining noncompliant issues and for a time period for the kennel to come into compliance.  It would also provide that kennel standards would apply to those with 10 or more sexually intact female dogs or cats between 1-8 years of age for the purpose of breeding and selling the offspring as household pets.  AKC’s testimony to the Joint Municipalities and Regional Government Committee on October 17 stated that the definition in this bill was preferable to HB1080/SB1155. Read more.

Massachusetts - House Bill 1079 would increase the fines for cruelty to animals, with the increases designated toward a special account in the municipality where the violation occurred.  Those monies must be used solely for funding improvements to the local municipality’s animal shelter; or, if the municipality does not have an animal shelter, to be used at the municipality’s discretion, providing it benefits local groups dedicated to the humane treatment of animals and/or the promotion of the adoption of shelter animals.  The bill was considered by the Joint Municipalities and Regional Government Committee on October 17.  Read more.

Massachusetts - House Bill 1084 is similar to, but has more reasonable provisions than, H.1080/S.1155.  It shares those bill’s consumer protection provisions.  It also provides for, but does not mandate, kennel inspections, and improves current law by providing for written citations or notices explaining noncompliant issues and for a time period for the kennel to come into compliance.  This bill would also empower the Department of Agricultural Resources to create rules for commercial and personal kennels, but provides that such standards would apply to those kennels with 10 or more sexually intact female dogs or cats between 1-8 years of age for the purpose of breeding and selling the offspring as household pets.  AKC’s testimony to the Joint Municipalities and Regional Government Committee on October 17 stated that the definition in this bill was preferable to that contained in House Bill 1080/Senate Bill 1155.

Massachusetts – H.2277 would make it a civil infraction for an individual to misrepresent a pet dog as a service dog.  The bill is scheduled to be considered by the Joint Judiciary Committee on Tuesday, September 12.  The Massachusetts Federation of Dog Clubs and Responsible Dog Owners (MassFed) joins AKC in support of the bill.  AKC issued a legislative alert and letter in support of H.2277.  

Massachusetts – Filed pursuant to a constituent request, HB 2290 seeks to change the legal status of pets from personal property to companion animals. The AKC and the Massachusetts Federation of Dog Clubs and Responsible Dog Owners (MassFed) both strongly oppose HB 2290. The bill was considered by the Joint Judiciary Committee on Tuesday, July 18, but no action was taken.  AKC and MassFed are working in opposition to HB 2290.  Read more.

Massachusetts – House Bill 2419/Senate Bill 1159 feature many provisions, including increases in fines for violations of dog control laws and licensing and sales requirements.  These bills also feature a provision that restricts insurance companies that offer homeowners or renters insurance coverage from refusing to issue or renew, cancel or charge or impose an increased premium rate based in whole or in part on the breed of dog kept on the insured premises.    The bill was considered by the Joint Municipalities and Regional Government Committee on October 17.  Read more.

Massachusetts – House Bill 3024 would make it an unlawful practice for local or state administrative, legislative or regulatory bodies or instrumentalities to engage in discriminatory land use practices.  The definition of “discriminatory land use practice” specifically includes taking any action…the purpose or effect of which would make unavailable or deny housing accommodations for families or individuals…because a person possesses a trained guide dog as a consequence of blindness, hearing impairment, or other handicap.  AKC supports this bill, which was considered by the Joint Judiciary Committee on October 16.  Read AKC’s legislative alert for more information.

Massachusetts - House Bill 3212 seeks to create consumer protections for pet store purchasers, mandates extensive shelter record keeping requirements, and prohibits local pet store sales bans.  AKC GR testified in support of this bill in the Joint Municipalities and Regional Government Committee on October 17, which subsequently reported the bill favorably.

Massachusetts – House Bill 3561 would establish oversight over the importation of animals for rescue, shelter, foster, adoption, or remote sale.  AKC supports H. 3561 with further clarifications that remove vague language and ensure that breeders who sell animals they bred are not subject to the provisions of the bill.  It was considered by the Joint Environment, Natural Resources, and Agriculture Committee on September 12.

Massachusetts – Senate Bill 458 would specifically exempt privately operated animal shelters or rescue organizations from the licensing requirements and regulations imposed on pet shops.  AKC and MassFed oppose this bill.  AKC issued a legislative alert and has contacted legislators to express opposition to S. 458.  The Joint Environment, Natural Resources, and Agriculture Committee considered the bill on September 12.

Massachusetts – Senate Bill 912 would protect access for service animal trainers and employees or volunteers with service animal training organizations.  AKC GR testified in support of this bill at the Joint Judiciary Committee hearing on October 16. Read AKC’s legislative alert for more information. 

New Jersey – Assembly Bill 772 requires animal owners to pay for the cost of boarding and caring for their animals if the animals are seized pursuant to a charge of animal cruelty. While the owner can contest specific costs in court, and the court may consider the owner’s ability to pay; all costs deemed necessary by the court must be paid before an innocent owner can have possession of their animals again. If payments are not made, the owner will permanently lose their animals, even if the charges are ultimately dropped or the owner is found not guilty. The bill has passed the Senate, and has been referred to the Senate Economic Growth Committee. Read more.  

New Jersey  Senate Bill 3041 is a new version of Senate Bill 63/Assembly Bill 2338, which AKC, the New Jersey Federation of Dog Clubs, and allied organizations have actively opposed since it was first introduced in January 2016. An amended was approved by the legislature, but was conditionally vetoed by Governor Christie.  An attempt to override the veto failed, but an attempt may be made again before the legislature adjourns in early January 2018.  Read More.

New JerseySenate Bill 2454 as introduced, sought to impose cost of care requirements for those charged with, but not convicted of, subjecting animals to criminal treatment. Defendants unable to pay would have been subject to forfeiture of their property regardless of the final outcome of the case. It also did not prevent permanent alteration of seized dogs during a case, and did not protect the rights of non-possessory co-owners. As amended, it requires a court to determine a defendant’s ability to pay prior to setting costs, but does not address AKC’s concerns about permanent alteration and the property interests of non-possessory co-owners. SB 2454 passed the Senate and is pending in the Assembly Agriculture and Natural Resources Committee.

North Carolina – House Bill 179 seeks to regulate as “large commercial dog breeders” all who own or maintain 10 or more intact female dogs over the age of six months.  AKC GR has expressed concerns with defining a commercial breeder based solely on dog ownership and not on actual sales or commerce.  The bill is pending in the House Judiciary II Committee and AKC GR is working to address concerns and develop effective solutions.

Ohio – Constitutional Ballot Initiative. The HSUS received approval from the Ohio Attorney General’s office to seek petition signatures to place a constitutional amendment on the ballot in the Nov. 2018 that would make vague (yet to be determined) humane standards established by HSUS part of the Ohio constitution. HSUS is also expected to introduce similar legislation in 2017 or 2018. Among other requirements, the ballot initiative would define those who transfer more than 15 dogs/year as commercial breeders, subject them to kennel standards designed for high volume commercial breeders, and seek to prevent interstate transport of purpose-bred dogs for transfer in Ohio. AKC GR is closely monitoring this initiative process and will provide more information as it becomes available.

Ohio -  House Bill 263 would allow dogs in outdoor eating establishments, with permission from the business owner.  AKC is supporting this bill, which would allow responsible dog owners more opportunity to enjoy outdoor activities with their well-behaved pets.  The House Economic Development, Commerce and Labor Committee held a public hearing on the bill on October 24.  Read AKC’s legislative alert for more information on how to join AKC in supporting this measure.

Pennsylvania – House Bill 1216 allows law enforcement, emergency responders, and animal control officers to remove animals from vehicles without liability if there is a good faith, reasonable belief the animal is in imminent danger. An effort must be made to locate the driver prior to entry, and steps must be taken to “ensure or restore the well-being of the dog or cat.”  These first responders would not be immune from liability if there is evidence of gross negligence, recklessness or wanton misconduct. AKC believes this is a reasonable bill to address the issue of dogs and cats left in potentially dangerous situations. The bill unanimously passed the House on July 7 and is pending in the Senate Judiciary Committee.  AKC GR and its Pennsylvania federation continue to monitor this and other measures regarding this issue that are under consideration in the Pennsylvania General Assembly.

Pennsylvania – House Bill 1652 considers how to handle a companion animal during a divorce case when there is division of property.  It allows the court to consider the best interest of the animal, including determining which party would best ensure the pet’s proper care, safety and socialization.  AKC appreciates that this bill ensures the care of animals while still defining them as property.  Both AKC and its Pennsylvania federation are concerned, however, about the declaration of dogs and cats as “family members” in the legislative findings of the bill, which could set a precedent later for changing the legal status of animals.   The bill has been assigned to the House Judiciary Committee.

Pennsylvania – Senate Bill 636 allows police officers, humane officers, and other first responders to remove an animal from a vehicle under extreme weather circumstances.  AKC GR is working with the Pennsylvania Federation of Dog Clubs to request amendments to protect owners from liability should their animal harm someone in the course of being removed from the vehicle, and also to clarify that any actions taken by the first responders must be both reasonable and necessary.  The bill has passed the Senate Judiciary Committee.

South Carolina   Senate Bill 3 /House Bill 3668 seek to provide a person found guilty of animal cruelty may be required to pay the costs of care of an impounded animal.  S 3 passed in the Senate and has been referred to the House Committee on Judiciary.

South Carolina House Bill 3009 seeks to license and regulate as a “commercial dog breeder” any person who owns 20 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, with certain exemptions.  The House Subcommittee on Agriculture, Natural Resources and Environmental Affairs has deferred action on this legislation.

South Carolina House Bill 3069 seeks to regulate and certify “commercial kennel operators” and “certified animal caretakers”, which could include owners and certain employees of boarding kennels and other pet care businesses.  HB 3069 has been referred to the House Subcommittee on Agriculture, Natural Resources and Environmental Affairs.

South CarolinaHouse Bill 3272, among other provisions, seeks to make it unlawful to hunt deer with a dog unless on a fenced property of more than 1,000 acres; provides that the owner of a deer hunting dog that enters onto private property without the owner’s permission must pay $50 to the person who “restrains” the dog; and provides for escalating civil penalties and damages equal to one-fifth of the current assessed value of the landowner's entire property.  H 3272 has been referred to House Committee on Agriculture, Natural Resources and Environmental Affairs.