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Taking Command April 2017

State Issues April 2017

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.

Alabama — Senate Bill 17 /House Bill 45 would create the “Alabama Dog and Cat Breeders Commission” with authority to license, regulate, and inspect dog and cat breeders who possess 11 or more adult intact dogs or cats and who sell or offer to sell 20 or more dogs or cats per year, provide for “third party inspectors”, and other functions. Subsequent drafts of the bill seek to regulate every person who sells a dog or cat in the state and to award governmental and law enforcement powers to a “humane society.” SB 17 could be considered by the Senate Committee on Governmental Affairs early next week. HB 45 has been referred to the House Committee on Agriculture and Forestry.

Alabama  House Bill 91 would create a civil cause of action of wrongful injury or death of a companion or service animal when a caretaker of the animal, through negligence or reckless or willful misconduct, causes the serious injury or death of the animal. It also would provide for the recovery of compensatory and punitive (non-economic) damages for the loss of a pet. HB 91 is pending in the House Judiciary Committee.

Alabama — Senate Bill 168, among other provisions, seeks to allow Class Five municipalities to establish civil penalties for violations of local animal control laws in an amount of up to $1,000 for any violation. It should be noted that criminal penalties are already established under state law for animal cruelty and neglect. SB 168 has been referred to the Senate Committee on County and Municipal Government
Alabama — Senate Bill 231 would exempt agricultural work dogs from local leash laws. SB231 passed in the Senate Agriculture, Conservation and Forestry Committee.

Alabama   House Bill 201 seeks to define “shelter” under existing animal cruelty laws. HB 201 passed in the House Committee on Public Safety and Homeland Security
Alabama   House Bill 202 seeks to limit tethering. As written, this bill would prohibit an owner from safely securing a dog to a grooming table. HB 202 has been referred to the House Committee on Public Safety and Homeland Security.

Arkansas —House Bill 1715 as introduced sought to regulate those that breed and sell dogs in the state. AKC has worked closely with sportsmen and legislators on addressing concerns, and extensive amendments are pending. HB 1715 was recommended for study by the House Interim Committee on Agriculture, Forestry and Economic Development.
Arkansas — House Bill 1717 would require registration of anyone who sells or offers a dog for sale in the state and advertises through “public media”. The bill also defines “hobby breeder” as any person who owns one dog or cat. Click here for more information.  HB 1715 was recommended for study by the House Interim Committee on Agriculture, Forestry and Economic Development.

Arkansas — House Bill 1769, which sought to create an animal abuser registry, failed in the House Committee on Agriculture.

California — Assembly Bill 485 seeks to require all dogs, cats, and rabbits offered for retail sale in California to be obtained solely from public or private animal shelters located in California and non-profit rescue groups. The bill will limit consumer choice, favor unregulated sources of pets over regulated sources, encourage international trafficking of dogs, and seriously impact small businesses. The AKC, our California federations, and key constituents are working in opposition to this onerous bill. The bill is scheduled for consideration by the Assembly Business and Professions Committee on April 18.

California – In an effort to address predatory pet leasing schemes, Assembly Bill 1491originally 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.

Connecticut — Proposed Senate Bill 293 would declare May 1 as Purebred Dog Day. The bill has been assigned to the Joint Committee on Government Administration and Elections.

Connecticut  Proposed House Bill 5617 would prohibit “the sale of puppies produced by out-of-state puppy mills in Connecticut pet stores.”  While the text is not yet available, it is expected this will be similar to bills seen throughout the country that seek to only allow pet stores to sell pets from shelters or rescues, thereby removing an opportunity for Connecticut residents to obtain a purebred dog from a licensed, regulated breeder. The bill has been assigned to the Joint Committee on Environment.

Delaware  House Bill 13 says that no dog may be declared “dangerous” or “potentially dangerous” under state law based solely on the dog’s breed or perceived breed. It also prohibits municipalities from enacting laws or regulations based on breed. The AKC supports this legislation, which has passed the House and is pending in the Senate Health, Children, and Social Services Committee.

Florida — Senate Bill 212 seeks to define and penalize “animal hoarding”. The bill includes a vague provision that “keeping a large number of companion animals in overcrowded conditions” would be the felony crime of “animal hoarding”, punishable by imprisonment, a fine of up to $10,000, or both. SB 212 has been referred to the Senate Committee on Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations; and Rules.

Florida — Senate Bill 416 and House Bill 151 are related bills that seek to allow the use of therapy dogs in certain court proceedings. SB 416 is on the agenda of the Senate Judiciary Committee on February 21. These bill are advancing in their respective committees.

Florida — House Bill 515 seeks to direct animal shelters to take certain measures relating to the holding, treatment, and euthanasia of animals and to provide for declaratory or injunctive relief actions by individuals to compel compliance. A similar bill, SB 1162, has also been filed. HB 515 has been referred to the House Local, Federal & Veterans Affairs Subcommittee.

Florida — House Bill 627 seeks to require any person transporting dog in open areas of certain vehicles or trailers to secure dog and to preempt local regulation of transportation of dogs in vehicles. HB 627 has been referred to the House Transportation & Infrastructure Subcommittee.

Florida — House Bill 871 seeks to establish an animal abuser registry, require pet dealers to verify the identity of a prospective purchaser and that the person is not on the registry list, and to establish penalties for selling or delivering an animal to a person without performing these verifications. HB 871 has been referred to the House Criminal Justice Subcommittee.

Florida — Senate Bill 1270 seeks to provide for compensatory damages for the injury or death of a pet. SB 1270 passed in the Senate Committee on Judiciary and is pending in the Senate Committee on Agriculture. Read more about this legislation.

Florida — Senate Bill 1466/House Bill 979, among other provisions, seek to require a pet dealer to only sell or offer for sale a dog procured from a humane society, an animal shelter, or a person or entity who has not been adjudicated and issued certain citations for violating the federal Animal Welfare Act. “Pet dealer” is defined as any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a consumer. Per this definition, HB 979 could be interpreted to prevent breeders from breeding and selling more than two litters or 20 dogs or cats a year. HB 979 has been referred to the Careers & Competition Subcommittee.

Georgia — House Bill 144 seeks to regulate the sale of dogs in pet stores, and dogs brought into the state for retail. AKC supports the legislation as introduced. The bill has passed House Agriculture and Consumer Affairs Committee.

Georgia — House Bill 313 seeks to require a person who transfers ownership of a dog that is entirely or partly of the “American Pit Bull Terrier, American Staffordshire Terrier, American Bully, Staffordshire Bull Terrier, Doberman Pinscher, Rottweiler, German Shepherd, Chow Chow, Husky, Great Dane, Akita, Boxer, or Wolf Hybrid breed” to provide as part of the transaction an informational document on dog bite statistics that shall be created by the Department of Public Health. HB 313 has not yet received a committee assignment.

Hawaii — House Bill 1516 would expand the cases in which a humane society may petition a court for the forfeiture of an animal. This includes removing the requirement that the cases be criminal in nature and removing protections that are currently provided to defendants. A significantly amended version of the bill, with an effective date in 2050, recently passed the Hawaii Senate Judiciary Committee.

Illinois – Senate Bill 1882 as amended provides regulations for pet stores, including prohibiting the stores from sourcing animals from breeders that have committed certain federal laws and regulations and requiring that all dogs sold in a pet store be microchipped. It also prohibits home rule municipalities from regulating the sourcing of dogs and cats sold in pet stores. The bill has passed the Senate Licensed Activities and Pensions Committee.

Illinois – House Bill 2981 would allow courts to appoint a “special advocate” to represent the interests of animals during cases that involve the animal’s health, safety, or an injury. The “special advocate” would be a law student. An amendment has been proposed to only apply this law to Cook County (Chicago), but the AKC and its state federation are actively opposing the measure. The bill was reassigned to the Rules Committee and will likely not advance this year.

Kansas — Senate Bill 47 would further regulate rescues and shelters. AKC has expressed concern that it would also regulate anyone who has “all or part of three or more litters” on their property. Those who meet this vague definition would be required to submit to inspections and to be regulated the same as high volume commercial kennels. The bill passed the full Senate and the House Committee on Agriculture. The bill has been removed from the calendar and further amendments are expected. AKC continues to request amendments to this proposal to ensure an effective measure that will not be overly burdensome for hobby breeders.

Louisiana — House Bill 466, among other provisions, seeks to change the membership and scope of a state animal control advisory commission. Seats for a dog breeder and for representatives of horse breeding organizations would be removed, and the commission membership as defined in the proposed bill would result in a majority for representatives of animal control and sheltering agencies. HB 466 has been referred to the House Agriculture, Forestry, Aquaculture, and Rural Development Committee.

Maryland — House Bill 334 would significantly expand those who must apply for a local kennel license to include those who keep 6 or more unspayed females over the age of 6 months for the purpose of breeding. It will likely be incumbent on the dog owner to prove they are not keeping dogs for this purpose. Higher license fees are also expected in order for the counties to keep up with licensing and enforcement. The bill is under final consideration in the House of Representatives.

Massachusetts  Senate Bill 1155 expands restrictions on dog breeders, establishes fines for anyone who fails to license their kennel or requires them to relinquish ownership and control of their dogs, and empowers the Department of Agricultural Resources to create rules and regulations for personal kennels with as few as eight intact female dogs. The AKC continues to work with local fanciers in opposition to SB 1155. It has been assigned to the Joint Committee on Municipalities and Regional Government.

Missouri  House Bill 905 would prohibit cities and towns from enacting breed-specific ordinances. The AKC and state federation both support this bill, which passed the House Local Government Committee on March 8 and is pending in the Rules Committee.

Montana — House Bill 364 seeks to penalize the misrepresentation of a service animal. HB 364 passed in the House and was tabled in the Senate Public Health, Safety, and Welfare Committee.

Montana  House Bill 570 sought to establish licensing, inspections, regulations, fees, and penalties for “commercial breeders”, defined as someone that owns, keeps, or harbors eight or more intact female dogs or cats 9 months of age or older for the primary purpose of breeding and selling their offspring, or that sells, exchanges, leases, transfers 31 or more dogs or cats in a calendar year. HB 570 was tabled in the House Business and Labor Committee. Click here for more information.

Montana — House Bill 582 sought to regulate pet breeders. Under this bill, a person who owns eight intact dogs or cats, breeds one litter, and sells a single pet could be required to be licensed, regulated, inspected, and charged fees as a “commercial” pet breeder. HB 582 was tabled in the House Business and Labor Committee. Click here for more information. 

Nevada – Senate Bill 371 would make it more difficult for someone accused of animal cruelty to retain their ownership rights. It would require those whose animals have been seized to pay for their care indefinitely. Owners may not reclaim their animals unless the amount is paid in full. It would also allow counties to remove animals if a person is arrested on any charge and detained for at least 15 days. The county may either give the animal to someone in the owner’s immediate family, or allow “another person” to adopt the animal. The bill was amended in the Senate Natural Resources Committee and AKC is reviewing these changes.

Nevada – Senate Bill 409 seeks to protect animals left unattended in vehicles. AKC expressed support for the provision that would prohibit animals being left in vehicles in dangerous temperatures, but asked for an amendment to remove a prohibition on leaving a dog in any vehicle with the engine running under any circumstances. This could have a direct impact on handlers and others who leave dogs in vehicles while running air conditioning, etc. during dog shows. The Senate Judiciary Committee held a public hearing on this bill on April 7, but no action was taken. Read more about this legislation.

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. As originally introduced, S.63/A.2338 sought to prohibit the sight-unseen sale of dogs and cats; required pet shops to sell dogs and cats only from shelters, pounds, or an animal rescue organization; and repealed the state’s Pet Purchase Protection Act. Amendments preserved the consumer protection law and removed pet store sale restrictions, but established other onerous regulations including designating anyone who transfers 10 dogs in a year as a “pet dealer”. This issue has been approved by the legislature and is awaiting final approval or veto by Governor Christie. AKC continues to work with allied organizations and key constituents in advocating for executive action by Governor Christie that will be favorable to New Jersey’s breeders and fanciers.

New Jersey — Senate Bill 1640 would ban even temporary tethering, including the use of a grooming table, or tethering during training or competitive dog events. An amended version of the bill was passed by the Senate and introduced in the House, but no further no action has been taken. Visit AKC’s Legislative Action Center to learn more about how you can help fight this legislation.

New Jersey — Senate Bill 2454 as introduced, sought to impose bond for 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 results 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. It passed the Senate and is pending in the Assembly Agriculture and Natural Resources Committee.

New York — Senate Bill 144 seeks to establish “licensing and educational standards” for those providing “basic obedience courses to dogs and their owners.”  The bill does not provide details on what the licensing and standards would entail. This bill has been assigned to the Senate Agriculture Committee, but no hearing has been scheduled. Nassau County is also considering a measure to regulate dog trainers, but it also has not been scheduled for any public hearing or vote.

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 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.

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 Carolina — House 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.

Tennessee  Senate Bill 282/House Bill 265 (also Senate Bill 283/House Bill 120)) seek to register any person who, during a 12-month period, possesses or maintains ten or more intact female adult dogs for the primary purpose of selling their offspring as household pets. SB 282 and HB 265 have been assigned to committee. HB 120, an unrelated bill, has been amended to include essentially the same language and is assigned to the House Consumer and Human Resources Committee. SB 283, which is likely to be similarly amended, was taken off notice in the Senate Commerce and Labor Committee on March 21. Click here for more information Click here to read AKC’ latest legislative alert on HB 120.

Tennessee — Senate Bill 519/House Bill 568 seek to establish consumer protection for persons who purchase pets from pet stores. AKC GR recommended an amendment to more clearly define “retail pet store”. SB 519 passed in the Senate Agriculture and Natural Resources Committee. SB 519 passed in the Senate, but failed in the House and has been referred to the House Calendar and Rules Committee.