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Around the Nation:
Legislation That Affects You
May 2006

ALABAMA – S82 passed both houses of the legislature and is now before Governor Riley. The bill establishes a procedure by which a dog can be declared dangerous, provides an appeal process and requires 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.

- Rep. Galliher’s H252 has been signed by Governor Riley. The measure requires any animal sold by public and private shelters to be sterilized.

CALIFORNIA – The Los Angeles County Board of Supervisors has instituted a mandatory spay/neuter ordinance for all dogs. The ordinance will go into effect June 3rd. Exceptions are made only if the dog is a law enforcement dog, a service animal or qualifies as a “competition dog.” In addition, owners of intact animals that qualify are required to purchase a $60 permit for each dog. AKC worked with local fanciers and concerned dog owners to oppose this measure. To find out more details about this proposal please read our Legislative Alert.

- Asm. Hancock’s AB 2110 has been placed on the Assembly Appropriations Suspense File due to the amount of money it would cost to enforce. The bill defines “live field coursing” as “a competition in which dogs are, by the use of rabbits, hares, or foxes, assessed as to skill in hunting live rabbits, hares, or foxes.” The bill would outlaw AKC Basset Hound, Beagle and Dachshund Field Trials. The original bill language targeted events where the rabbit, hare or fox were killed. In AKC events, dogs track the scent of the rabbit, but do not kill the animal. Fanciers and concerned dog owners are asked to immediately contact their representative in the state assembly to oppose this legislation. In order to meet a procedural deadline, the Assembly Appropriations Committee must take up the Suspense File prior to May 26th.

- AB 450, sponsored by Asm. Yee, would require the Office of Emergency Services to adopt and incorporate the California Animal Response Emergency System (CARES) program into the standardized emergency management system. The bill is before the Senate Governmental Organization Committee.

- Sen. Lowenthal’s SB 1578 failed passage initially in the Senate Appropriations Committee, but the bill has been granted reconsideration. The bill prohibits tethering, chaining or tying a dog to a tree, house or stationary object.

- SB 1806, authored by Sen. Figueroa would make it a crime to leave an animal unattended in a car when conditions would endanger the animal’s health. A first offense would be punishable by a $100 fine and subsequent violations would result in a fine of up to $500 and/or up to six months imprisonment in a county jail. The measure has passed the full Senate and has now been referred to the Assembly.

- The Berkley Citizens Humane Commission is considering an ordinance to require "pit bull" owners to spay or neuter their dogs unless they obtain a $100 breeding permit and comply with a host of regulations. The ordinance defines "pit bulls" as American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers and any dog displaying the physical traits of these breeds. For more information on this proposal, please see our Legislative Alert.

- Sonoma County has adopted a breed-specific ordinance which requires spaying and neutering of all “pit bulls,” defined as Staffordshire Bull Terriers, American Pit Bull Terriers or American Stafforshire Terriers. The Canine Legislation department sent a letter opposing breed specific legislation to the members of the county board of supervisors.

COLORADO – Governor Owens has signed S25. The new law requires that owners of a declared dangerous dog post warning signs on their property and requires that the owner disclose that animal’s status as a dangerous dog to certain service providers such as veterinarians and groomers. The measure further requires the confiscation and destruction of a dangerous dog that causes serious bodily injury or in a case where the same owner is involved in a subsequent violation of the dangerous dog statute.

CONNECTICUT – The Joint Committee on Environment’s H5743, a bill to establish a training and certification program for municipal animal control officers, failed to pass prior to the legislature’s adjournment earlier this month.

- H5751 also failed to pass prior to adjournment. The measure would have enabled animal control officers to issue citations and provided that the officer involved could not be a member of a hearing board if the citation is appealed.

- H5795 has been sent to Governor Rell. The measure was amended to require the Commissioner of Agriculture, working with specified parties, including a representative from a state dog federation, to develop recommendations regarding animal population control issues. The bill originally required any impounded animal to be spayed or neutered, even if the animal is reclaimed by the owner.

FLORIDA – Sen. Rich’s S1484, a bill to require that the shelter component of the emergency management plan include planning for shelters that accept pets, has died due to the adjournment of session.

- S1172, which would permit local governments to conduct a pilot program to allow dogs at certain designated outdoor portions of restaurants, has been sent to Governor Bush.

- Fort Lauderdale has passed an ordinance that restricts the tethering of animals. Under the measure, no pet under six months of age could be tied tethered and between 10am and 5pm, a dog could only be chained for fifteen minutes. In the evening, a dog could be chained but only if the leash is three times the length of the animal, or is an overhead pulley system. Violators would pay up to $500 or could be sentenced to up to 60 days in the county jail.

GEORGIA –Governor Perdue signed H1497 into law. The bill defines a vicious dog 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 supported the measure with reservations, as they would have prefered to see a complete overhaul of the state’s dangerous dog law in the 2007-08 session. For more information about this bill and other pending legislation in Georgia, please contact the Georgia Canine Coalition.

HAWAII – Sen. Hanabusa’s S2924 has been sent to Governor Lingle. The bill will allow a shelter or humane society that is holding an animal during an animal cruelty trial to petition a court for an order of forfeiture of the animal prior to the disposition of criminal charges. The court is required to hold a hearing on the matter within 14 days, and if the court finds sufficient evidence that the defendant has committed an animal cruelty offense, the defendant must post a security deposit or bond to cover costs incurred by the shelter or humane society.

IDAHO –Governor Kempthorne signed S1396 into law. The bill amends the state animal cruelty laws and expands the duties of animal control officers. The new law 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.

INDIANA - The Anderson City Council had discussed instituting an ordinance that would have restricted ownership of “pit bulls” within city limits. The AKC Canine Legislation department sent a letter opposing breed-specific legislation and the Anderson Obedience Club worked to educate lawmakers directly. Nearly 200 people showed up at meeting to oppose the ordinance and it was dropped by the council.

ILLINOIS – Rep. Berrios’s HR1026 has been adopted by the full House. This resolution encourages municipalities not to enact breed-specific legislation, to pass laws that target irresponsible dog owners and to encourage programs that educate residents.

- Rep. Boland’s HJR101 has passed the full House and will now proceed to the Senate. The resolution 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.

- H4711, Rep. Chapa-LaVia’s bill to increase the penalty for attending of dog fight from a Class C misdemeanor to a Class A misdemeanor, has been sent to Governor Blagojevich. The measure also makes it a felony to bring a child under the age of thirteen to a dog fight.

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

KENTUCKY – The Louisville Metro Council continues to pursue changes to its animal control ordinance. The latest draft from the task force includes breed-specific language, possible fee increases, burdensome confinement provisions and will allow an animal control officer more latitude to issue citations. 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.

LOUISIANA - H772, authored by Rep. Crowe, will create the Louisiana Pet Registry. Owners will be able to register their pets and obtain a unique identifier number. The fee will be $15 for each intact animal, and intact animals much be registered every three years. Animals that are spayed or neutered will be registered for a fee of $7.50 and will only need to be registered once. H772 has been referred to the House Committee on Agriculture, Forestry, Aquaculture and Rural Development.

- In the wake of the Hurricane Katrina disaster, Sen. Fontenot has introduced S607, a bill to require the creation of disaster plans for service animals and household pets. Animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, hospitals, schools, animal testing facilities and any other business or not for profit agencies that house pets will be required to create evacuation plans to be submitted to the Louisiana Department of Agriculture and Forestry and their local parish. These plans shall be made available to the public upon request. The Senate Finance Committee will hear the bill.

MASSACHUSETTS - H4516, by Rep. Gobi, was set aside for further study. The bill would have prohibited 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 worked with Rep. Gobi to promote the bill, and the Canine Legislation department sent a letter of support as well.

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

MISSOURI - Rep. Deeken’s HCR 44 failed to pass prior to adjournment of the legislature. The resolution was to encourage dog training programs and kennel clubs in Missouri to provide training and education for pet owners based on the AKC’s Canine Good Citizenship program.

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

MISSISSIPPI – The Bolivar County Board of Supervisors has enacted an ordinance which requires owners of “pit bulls” to comply with special regulations. “Pit bulls,” are defined as American Staffordshire Terriers, Staffordshire Bull Terriers, American Pit Bull Terriers and any dog which shares the physical characteristics of these breeds. Owners are required to keep these dogs in an enclosure with a four inch concrete slab floor and a secure top, must post a dangerous dog sign on their property, and purchase $100,000 worth of liability insurance. The Canine Legislation department had contacted local officials to oppose breed-specific legislation and provided model dangerous dog legislation.

- The City of Richland has adopted a breed-specific ordinance banning American Pit Bull Terriers, Stafforshire Bull Terriers and American Staffordshire Terriers. AKC was not aware of this measure until it had been enacted. The Canine Legislation department sent a letter to the council asking them to repeal the ordinance and has provided model dangerous dog legislation.

NEW HAMPSHIRE – HB1646, authored by Rep. Mirski, has been signed into law by Governor Lynch. The new law allows a handler to use a leashed tracking dog for the recovery of a wounded deer, moose or bear, as provided in rules adopted by the executive director of fish and game.

NEW JERSEY – Sen. Weinberg’s S695 passed the Assembly Housing and Local Government Committee. The bill will allow municipalities to charge up to $21 annually for dog licenses. Current law caps the amount at a maximum of $7.

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. Sandy Galef has introduced A 11242, a bill to prohibit ear cropping and tail docking. A person found guilty of tail docking would be guilty of a misdemeanor and could be sentenced up to one year in jail and/or fined up to $500. Ear cropping would be a misdemeanor punishable by up to one year in jail and/or a fine of up to $1000. In order to show or compete in any event, including conformation, field trials, performance events and companion events, an owner will have to prove that the dog’s tail was docked prior to September 1, 2006 or the surgery was performed in another state. To read more about A 11242 and how you can help, please see our feature story.

- A 10767, authored by Rep. Magee, would allow animals to be protected under the provisions of a court order of protection. The measure has been referred to the Assembly Committee on the Judiciary.

- The City of Troy has enacted an ordinance that will require dangerous dogs to be euthanized and require their owners to pay the medical bills of anyone who is injured by their dog. The new law requires that anyone convicted of harboring a dangerous dog be barred from having another dog unless the police chief or animal control officer approve.

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 – Rep. Webster’s H533, a bill to remove the provision in state law that deems “pit bulls” to be dangerous dogs, has been assigned to the House Committee on Agriculture and Natural Resources. The measure will allow local governments to enact breed-specific ordinances. For more information about H533, please contact Ohio Valley Dog Owners.

- The City of Lancaster has decided to strengthen its animal control laws rather than pursue breed-specific legislation. The Lancaster City Council had originally discussed banning “pit bulls,” although they did not define which breeds would be included. The Canine Legislation department sent a letter opposing breed-specific legislation and provided sample dangerous dog legislation to city council members.

OKLAHOMA – H2813, authored by Rep. Denney, has been referred to the conference committee in order to allow the House and Senate to work out differences with regard to amendments. H2813 requires owners of dogs that have been declared dangerous to obtain $100,000 worth of liability insurance. The bill further requires that owners of dangerous dogs that have escaped their property serve forty hours of community service in addition to possible fines and jail time.

RHODE ISLAND – H6901, authored by Rep. Lewiss, has passed the House and will now be heard by the Senate Constitutional and Gaming Issues Committee. The bill will prohibit tethering when the owner is not home. H6901 further prohibits leaving the dog outside, tethered or in a pen, for more than 30 minutes if shelter is not available. It also includes very complicated standards that must be followed in order to avoid cruelty charges.

VIRGINIA - Sen. Stolle’s S574 has been signed by Governor Kane. The new law prohibits giving away any unweaned dog or cat. The Virginia Federation of Dog Clubs had requested a specific exemption for rejected or orphaned animals. For more information on legislation in Virginia, please contact the Virginia Federation of Dog Clubs.

WYOMING – The Wyoming Livestock Board and Wyoming Department of Health had released a rule that would have required any dog, cat or ferret that bit a person, that could not be proven to have current vaccinations, to be euthanized immediately. The state has softened the rule in response to criticism from dog owners and veterinarians. The revised rule allows veterinarians to recommend quarantining animals for a 10 day observation period.