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Around the Nation:
Legislation That Affects You
August 2005

CALIFORNIA – Sen. Speier’s SB861, to repeal California’s prohibition on breed-specific local ordinances, was not taken up for a vote before the legislature’s summer adjournment. The bill would allow cities and counties to enact breed-specific ordinances that require mandatory spay/neuter or impose breeding restrictions on certain breeds. The bill will be eligible for a vote when members return in mid-August. For more information, and to find out how you can help, please read our Legislative Alert here.

- Sen. Kehoe’s SB914, which makes it a misdemeanor to sell any dog under 8 weeks of age, passed the Assembly Appropriations Committee and will now proceed to the Assembly floor. The bill does exempt rescue groups and allows puppies less than 8 weeks old to be sold with written approval of a licensed veterinarian.

- The City of Oakland has initially approved an ordinance which limits residents to 3 dogs, institutes mandatory microchipping and changes definitions for foster and rescue groups. A final vote on the proposal is expected at the September 20th meeting.

COLORADO – The City of Aurora is considering a “pit bull” ban similar to the one in Denver. The subcommittee, made of up 3 council members, will review the proposal at an August 9th meeting. AKC has sent a letter of opposition and dangerous dog packets to the council members.

CONNECTICUT – Rep. Megna’s H6543 failed to pass prior to the adjournment of the legislature. The bill would have prohibited insurers from considering a customer’s breed of dog when setting policy rates or minimum premiums. It also would have prohibited insurers from using a dog's breed as the reason for canceling, not renewing, or not issuing a policy.

- S1191 failed to pass the Joint Committee on Judiciary prior to adjournment. The bill would have authorized the creation of trusts for the care of domestic animals.

GEORGIA – The Cherokee County Commission is considering charging a registration fee to owners of dogs labeled “potentially dangerous.” The fee would cover the costs to the county associated with inspection and enforcement of their local dangerous dog law.

- The City of Decatur has opened two additional dog parks at Glenlake Park and Oakhurst Park. Additionally, the city has enacted a new ordinance which will require that dogs be leashed when off their owner’s property except at the designated dog parks.

- Houston County’s largest city, Warner-Robbins, has approved a proposal to limit residents to 3 dogs and 3 cats. Local fanciers worked with local officials to establish a process whereby residents can be given a variance to allow for additional animals. AKC sent a letter of opposition to county and city officials explaining why limit laws are ineffective and unfair to responsible dog owners.

- Elbert County has, without the knowledge of AKC or local fanciers, passed an ordinance requiring anyone with more than 15 dogs to obtain a kennel license, obtain permission from their neighbors, allow for quarterly inspections, and pay a $250 application fee. AKC has sent a letter to the county commission requesting that they repeal this ordinance, which is set to go into effect in October.

- In July, Chatham County adopted a new animal control ordinance. The Georgia Canine Coalition and local fanciers were able to defeat a portion of the ordinance which would have increased license fees in three years and again in six years. However, fanciers were unsuccessful in opposing a provision requiring a those who breed more than
one litter a year and who sell more than 3 adult dogs a year to obtain a Commercial Pet Animal Facility License. The AKC previously sent a letter opposing these changes.

MASSACHUSETTS – Rep. Kujawski is sponsoring H1346, which would define a commercial breeder as anyone who breeds more than 1 litter per year. Anyone falling into this category will be subject to the current laws governing pet shops, including licensure and inspection. Massachusetts fanciers showed up in strong numbers to oppose the bill at a recent hearing by the Joint Committee on Environment, Natural Resources and Agriculture, and are now awaiting a committee vote on the issue. The Canine Legislation Department sent a letter of opposition to committee members as well.

- H1565, a bill to require homeowner’s insurance companies to cover domestic animals, was heard in the Joint Committee on Financial Services and is awaiting a vote in the Executive Session.

- Rep. Hill’s H3563, a bill to establish a more effective and reasonable dangerous dog law, was heard in the Joint Committee on Municipalities and Regional Government. Specifically, H3563 establishes clear criteria for determining potentially dangerous and dangerous dogs, and further provides requirements for the care and keeping of such animals. It also guarantees owners the right to appeal a potentially dangerous or dangerous dog designation. The bill, which has the support of AKC and the Massachusetts Federation of Dog Clubs and Responsible Dog Owners, can now be voted on at Executive Session.

- H3566, by Rep. Gobi, would require pet stores to list the dog’s state of origin and requires the establishment of a toll-free number to report sick dogs. The bill has been referred to the Joint Committee on Municipalities and Regional Government.

MAINE – Governor Baldacci has signed H129. Originally, the bill was simply a tax on pet food, however it was amended without AKC’s knowledge to require breeders and pet stores to collect a $25 per animal surcharge to go into the state Companion Animal Sterilization Fund.

- H155 was also signed by the Governor. This new legislation will require that outdoor dogs be provided with a 4-sided shelter structure with appropriate bedding to contain the animal’s body heat. The law also establishes the length and flexibility of chains used to restrain dogs.

- Rep. Piotti’s H1036 has been signed by Governor Baldacci. The bill will change the definition of a breeding kennel to include anyone who sells 2 or more litters per year. Current law defines a breeder as anyone who sells more than 16 dogs or cats per year. The bill also requires that dogs older than 6 months be given a rabies vaccine within 30 days and adds definitions and penalties for abandoning an animal.

- The City of Houlton has passed an ordinance which will require owners to pick up pet waste on public or private property. Additionally, the ordinance makes it illegal for a dog owner to allow the dog to demonstrate aggressive or intimidating behavior at a public event. Violators of the ordinance will be fined $50 for a first offense, $100 for a second and an additional $50 for any subsequent violations.

MISSOURI – Springfield is reconvening its Animal Control Advisory Review Committee to consider new dangerous dog legislation. Some city officials had indicated that they were not considering a breed ban at this time, but rather increased enforcement of existing laws. Furthermore, members of the committee have noted that their previous recommendation to enact an animal care education campaign has not been realized. However, officials are feeling pressure to consider breed-specific legislation in light of yet another dog attack in the area. Local fanciers are encouraged to work with legislators in support of public education campaigns and strong enforcement of reasonable dangerous dog law.

NEW HAMPSHIRE - Governor Lynch has signed S91. The law will increase the co-pay for spaying and neutering animals adopted from a shelter from $30 to $40 and from $15 to $25 for low-income residents.

- S123, a bill to make pet shops liable for certain veterinary and other costs when the shop knew or should have known that an animal was sick at the time of sale, died in the House when the legislature adjourned.

NEW JERSEY – Asm. Weinberg’s A4243 will remove the current $7 maximum for dog licenses and will allow municipalities to set whatever fee they feel is appropriate. The bill has been assigned to the Assembly Housing and Local Government Committee.

- A4254, by Asm. Holzapfel, will increase the penalties for certain animal cruelty offenses. The bill adds a new section of simple cruelty, which includes abandonment of an animal. Negligent animal cruelty, which includes failure to provide proper food, water and shelter, as well as leaving an unattended animal in a vehicle in adverse weather, would be punishable by up to six months imprisonment. The Assembly Judiciary Committee will hear the bill. A companion bill, S2727, has been referred to the Senate Committee on Economic Growth, Agriculture and Tourism.

- Sen. Sweeney’s S2619 would require schools to include instruction on the humane treatment of animals as part of their core curriculum. The bill directs the department to consult with the New Jersey Veterinary Medical Association to develop the standards. The Senate Education Committee will hear the bill.

- Asm. Manzo’s A4272 will create certified animal cruelty investigators in the Department of Health and Senior Services. To become an investigator a person must complete a course on animal cruelty at an accredited New Jersey college or university or a school approved by the Police Training Commission. Investigators will have the power to investigate any animal cruelty complaints, detain, apprehend or arrest any offenders, and serve and execute warrants.

- Acting Governor Codey has signed S84 which clarifies that the use of an animal to injure another animal is a crime of animal cruelty.

- The City of Montclair was considering a proposal to limit owners to 5 dogs in single family residences and 2 dogs in multi-family units. After the initial hearing the council has withdrawn the proposal and is forming a task force to examine what can be done to improve the city’s dog ordinance. Congratulations to all the fanciers who worked to educate the committee on the ineffectiveness of limit laws. AKC sent a letter of opposition to city officials and provided fanciers with materials.

NEW MEXICO – The City of Albuquerque is working on a complete rewrite of the city’s animal code. The proposal includes a prohibition on chaining or tethering, provisions for intact companion animal permits and strict requirements for what constitutes proper care of animals. The bill also establishes a definition for and regulation of commercial breeder facilities. Commercial breeder facilities are defined as any facilities in any zone other than a residential zone that are used for breeding and care of newborn animals. The measure also establishes limit of 6 companion animals- 4 of the same species - which can be waived if a person obtains a special permit. A person may not maintain more than 2 intact companion animals of the same species, even with a permit. The proposal is expected to be reviewed August 1st.

NEVADA – Asm. Sibley’s A263 has failed to meet the necessary deadlines and has died. The bill would have required that veterinarians obtain informed consent for certain procedures.

- A318 by Asm. Weber has died. The bill would have expanded the state’s existing dangerous dog law to allow a dog to be deemed vicious if it killed another domestic animal. An exemption was included for dogs that were provoked.

NEW YORK – Asm. Glick’s A1824, which prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for homeowner’s insurance policies based on the breed of a dog owned, has passed the Assembly Committee on
Codes.

- Sen. Maziarz’s S109 has passed both houses and is before Governor Pataki. The bill, which would repeal the Dangerous Dog Advisory Board, was substituted for Rep. Tonko’s A2608, which did the same thing.

- A7644 has passed the Senate and is back before the Assembly for concurrence. The bill would make low-income residents eligible for participation in low-cost spay/neuter programs. A7644 was substituted for its companion bill, S4560.

- A6873 has been signed by Governor Pataki. The law allows dog licenses to be issued and renewed for up to three years, provided that no license shall be issued for a period expiring after the dog’s current rabies certificate has expired. The law provides fees for different lengths of license periods. A6873 was the companion bill to Sen. Young’s S5508.

- Asm. Diaz’s A4433 will increase the fines for dog attacks which cause serious physical injury. The bill has passed the Senate and has returned to the Assembly for concurrence. The bill was substituted for its Senate companion, S2234.

- A8863, authored by the Assembly Rules Committee, will allow unlimited compensatory damages to be awarded in cases where a dog has caused physical injury to another dog or cat. The bill will be heard by the Assembly Agriculture Committee.

-Sen. Sabini’s S5454 has passed the Senate Consumer Protection Committee. The bill will require that pet dealers inform puppy purchasers about state dog licensing requirements. Under current state law, pet dealers are defined as anyone who sells more than 9 dogs or cats per year to the public. However, breeders who sell less than 25 dogs per year that are raised on their own premises are exempt from the definition of pet dealer, as are humane societies.

- Sen. Young has introduced S5510 to require owners leaving their dogs at boarding kennels and grooming establishments to provide proof of a health certificate and current rabies vaccination. These establishments would be required to maintain that information for 12 months.

- S2164, by Sen. Padavan, will regulate kennel owners by providing certain standards of care and treatment of animals. The bill has been assigned to the Senate Committee on Consumer Protection.

- S3821 by Sen. Trunzo will require that animal housing provided by pet dealers meet fire hazard standards. Pet dealers are defined as anyone who sells more than 9 dogs or cats per year to the public. However, breeders who sell less than 25 dogs per year that are raised on their own premises are exempt from the definition of pet dealer, as are humane societies. The Senate Committee on Consumer Protection will hear the bill.

NORTH CAROLINA – Governor Easley has signed H862, a bill which will make it illegal in all counties to remove electronic collars from dogs.

- The North Carolina State Legislature has approved a Canine Good Citizenship Proclamation. Rep. David R. Lewis sponsored the proclamation, which recognizes the importance of responsible dog ownership and appropriate obedience training. Congratulations to all dog owners who helped get this proclamation adopted.

- The police chief in the city of Madison is proposing a breed-specific ordinance. The City Council held an initial meeting where several local fanciers and dog owners spoke against BSL. AKC sent a letter explaining why breed-specific proposals are ineffective and supplied the council with dangerous dog packets. The council will take the issue up again in August.

OHIO - Rep. Carano is sponsoring H63, a pet consumer protection bill. The bill requires certain persons who sell dogs under the age of 15 months provide remedies to a buyer for a dog that exhibits a congenital defect or common hereditary disorder, dies from a congenital disorder or common hereditary disorder, or is believed to be of a different registration status with a pedigree organization than the seller represented. Humane societies and nonprofit organization are exempt from the provisions of this bill. H63 has been referred to the House Committee on Agriculture and Natural Resources.

OKLAHOMA – Earlier this year, AKC fanciers successfully defeated proposed breed-specific legislation at the state level. However, following a series of tragic dog attacks, Rep. Paul Wesselhoff has once again sounded the call for breed bans in the state. Rep. Wesselhoff (R-Moore) recently announced his intention to file a bill in 2006 that would change the state’s dangerous dog law prohibiting local governments from enacting breed-specific ordinances. AKC has sent a letter of opposition and urges concerned dog owners to do the same. Fanciers should also contact their own representatives to voice their concern. To find out who represents you visit: http://www.lsb.state.ok.us/.

- The City of Moore is considering enacting stronger dangerous dog laws, but will consider a “pit bull” ban if an effort to change the state law is successful.

- The City of Mustang is considering the possibility of increasing fines for violations of the animal control ordinance. In particular they are examining the current $104 fine for an unrestrained animal and the $124 fine for harboring a vicious animal.

- The City of Bartlesville is considering revising their dangerous dog ordinance. Officials are aware of the state prohibition on local breed-specific ordinances. AKC has sent a letter and dangerous dog packet to the City Manager.

PENNSYLVANIAS735, a bill to impose a 10 percent tax on the sale of each dog and cat sold in the state, has been referred to the Senate Committee on Finance. The monies generated by the bill will go into the Feline and Canine Protection Fund to be distributed to local animal shelters.

- The City of Wilkes-Barre was considering banning “pit bulls,” but the measure was pulled by the mayor because it would violate the state law prohibiting local governments from enacting breed-specific legislation. AKC sent a letter to the Mayor opposing the proposal. Congratulations to all the local fanciers and dog owners who worked to successfully oppose this measure.

RHODE ISLANDH6371 by Rep. Coderre has been sent to the Governor. The bill will allow the City of Pawtucket to charge an annual animal license fee of $15 for all dogs and to impose an additional $10 fee on unaltered animals.

- Rep. Shanley’s H5318 has passed the Senate. The bill would give authorities more power to revoke animal licenses based on cruelty violations.

- H5430 has become law without the Governor’s signature. The bill will allow for the creation of trusts for the care of animals.

TEXAS – Calling all Austin dog owners! Help is still urgently needed to fight a proposed mandatory spay/neuter ordinance. Exceptions would be allowed only if the animal is deemed medically unsuited to the procedure, the animal is kept in Austin less than 30 days in one year, or if the owner purchases a $100 intact animal permit. The proposal also includes a $500 litter permit. The AKC has provided local fanciers with materials and sent a letter of opposition to city officials. Purebred dog owners are working hard, but many more voices are needed. In particular, fanciers are encouraged to urge their council members not to sponsor this ordinance. For more information on how you can help, please read AKC’s Legislative Alert at http://www.akc.org/news/index.cfm?article_id=2508.

VERMONT S66 has been signed into law by Governor Douglas. The bill will establish a committee to investigate changing the definition of “pet merchant.” Fanciers worked with Senator Campbell, author of S66, to change the initial wording of the bill which would have declared any person that sells or donates animals to be a pet merchant. Fanciers and rescue workers will included in the committee.

VIRGINIA – The City of Radford has adopted an ordinance which will limit residents to 4 dogs in residential areas. Residents who currently own more than 4 dogs have until 2022 to come into compliance. AKC was notified about this ordinance after its adoption.

WASHINGTONA527, by Asm. Strachota, will authorize a city, village or town to exempt an owner from the requirement to vaccinate against rabies if a veterinarian states that this is inadvisable due to health concerns. The bill is before the Assembly Agriculture Committee.

- The City of Vancouver has opened their first off-leash dog park at the Bonneville Power Administration’s Ross Complex. Future parks are also being considered at Pacific Community Park and Hockinson Community Park.

- The City Council of Federal Way has unanimously approved making French Lake Park an off-leash area for a year-long trial period that began July 14th.

WISCONSIN - Trempealeau County has recently passed a new dangerous dog ordinance which labels Staffordshire Bull Terriers, American Staffordshire Terriers, American Pit Bull Terriers, Rottweilers, Doberman Pinschers and mixed breeds of these dogs as dangerous. The AKC and local dog owners found out about this proposal after it was passed. AKC has sent a letter to the county asking them to repeal the ordinance and pursue non-breed-specific dangerous dog proposals and has provided local fanciers with lobbying materials.

UNITED STATES - Senator Rick Santorum (R-PA) and Senator Richard Durban (D-IL) are sponsoring the Pet Animal Welfare Statute (PAWS). This legislation (S1139) will bring under coverage of the federal Animal Welfare Act individuals who breed and sell large numbers of dogs, as well as those who import large numbers of dogs for resale. S1139 continues to move through the legislative process with more co-sponsors signing on daily. The bill will be heard in a subcommittee of the Senate Agriculture, Nutrition and Forestry Committee following Congress's August recess. At that time, AKC will work with Senator Santorum and subcommittee members to address legitimate concerns that have been raised and to make any necessary clarifications to the bill language. AKC is working to ensure that this legislation protects dogs but also our constituents as well.

AKC has established a PAWS Information Center on our website to provide fanciers with answers to frequently asked questions and access to all documents related to PAWS. PAWS Info Center