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USKBTC Legislative Newsletter
June, 2005
PAWS Information (Pet Animal Welfare
Statue)
Do you have travel plans this summer?
To help with your travel plans, the AKC Canine
Legislation department has updated its annual "Airline
Policies for Shipping Dogs," which can be downloaded
just by clicking the link, Airline.
Table of Contents
Click the links below for easier access to specific
legislation by region.
California
Illinois
Massachusetts
Montana
North Carolina
Ohio
Texas
Return to Table of Contents
CALIFORNIA
Following the mauling of a 12 year old by a pit bull
San Francisco Mayor wants to change State Dog Law.
Current California law prohibits Breed Specific
legislation, therefore he is calling for an amendment
to California law that would allow cities and counties
to pass breed specific legislation to "address public
safety and welfare concerns in their communities." The
story goes further to spay/neuter “aggressive breeds”
and prohibiting backyard breeding.
Local News
or CBS 5
A new Legislative Alert has been posted on the AKC's
Web site. To view this alert, please click on the
following link AKC News
AKC Canine Legislation
Department
5580 Centerview Drive
Raleigh, NC 27606
Last publication date 6/17/05
(Appropriate forwarding encouraged.)
Preserving Our Right To Own And Breed Animals Is Your
Responsibility
IN THIS ISSUE:
- SAN FRANCISCO AREA CALLS FOR BSL
- CA SB 816, SPEIER GUTS BSL PREEMPTION
- TAKE ACTION NOW INFO
BRIEFLY NOTED:
CA SB 914, PUPPY SALE CRIME - June 22 is the last day
to register opposition to 8 week sale age in ASM B&P;
hearing 6/28.
STANISLAUS COUNTY, CALIFORNIA Board of Supervisors on
Tuesday, June 21 passed 3-2 (Grover, O'Brien opposed)
the long delayed ordinance providing for $100 unaltered
dog license subject to discount for certain persons and
$100 dog and cat breeding permits (City of Los Angeles
model.) Many thanks to Frank Rosenau for his months of
hard work in Stanislaus County. Have a good summer,
Frank.
SAN MATEO COUNTY, CALIFORNIA County officials are
calling for Peninsula Humane Society & SPCA to
euthanize all Pit Bulls instead of adoption which
PHS&SPCA refuses to do. It also offers free s/n plus
$10 cash for San Mateo County Pit Bulls. The Animal
Council (TAC) recognizes PHS&SPCA President Ken White
for his courageous and principled position and
programs.
OKLAHOMA where 2 bills to repeal the state breed
specific preemption did
not succeed this year, is in trouble again. Bills in trouble.
SAN FRANCISCO, CALIFORNIA: Following the fatal "dog
mauling" on June 3 in which a 12 year old boy was found
deceased with the family's 2 alleged Pit Bulls - young,
intact male and female reported to be in season led
Mayor Gavin Newsom and his appointed Canine Response
Working Group demanded state law, which prohibits
municipalities from making breed specific regulations.
The Group report, prepared in 10 days and containing
misleading material and calling for repeal of the state
preemption is available at the
Mayor'
s page.
BACKGROUND: At the June 9 meeting of the newly approved
Animal Law Section of the Bar Association of San
Francisco, BASF member and TAC President Sharon A.
Coleman made an hour long presentation on Dog Breed
Specific Law including the California history which has
been quiet since 1990 when a comprehensive state
preemption went into effect. Ironically, the program
had been planned in early May following Denver's
successful assertion of its home rule jurisdiction
under the Colorado Constitutionto bypass the statutory
preemption enacted in 2004.
The California preemption is final section of the
dangerous dog statute:"California Food and Agricultural
Code, 31683. Nothing in this chapter shall be construed
to prevent a city or county from adopting or enforcing
its own program for the control of potentially
dangerous or vicious dogs that may incorporate all,
part, or none of this chapter, or that may punish a
violation of this chapter as a misdemeanor or may
impose a more restrictive program to control
potentially dangerous or vicious dogs, provided that no
program shall regulate these dogs in a manner that is
specific as to breed."
This broad language prevents the kind of knee-jerk
reactions that bring havoc to the lives of dog owners
and sanction bad treatment of citizens and dogs alike.
There are no state Constitutional provisions that
exempt local governments from general laws of
California, leaving the alternative to amend state
law.
CALIFORNIA State Senator Jackie Speier (D-8) of
Hillsborough, San Mateo County and western San
Francisco County agreed to carry this legislation as
long as it does not allow a complete ban as she has
stated she did not want to deprive people of their
pets. She and others are either naïve or deceptive if
they do not understand that the effects of ANY breed
specific measure DO work as a ban in effect. A "breed
specific" law designates a specific breed of dog, a mix
of that dog or a dog having an appearance of the
designated breed or breeds AND imposes prohibitions,
restrictions or requirements on keeping the designated
dog. These can include outright prohibition; future
prohibition with grandfathering, with or without
permits, restrictions or requirements; or immediate
permits, restrictions or requirements in state or local
government (no federal law to date.) These may be
included in the general animal ordinance or may appear
in the context of a dangerous dog law to impose these
permits, restrictions or requirements on designated
breeds, with or without due process provisions.
Requirements and restrictions can work as de facto
bans,regardless of legislators' professed
intentions.
Every California jurisdiction would again be at the
mercy of reactive officials and inflammatory media. If
this can happen in Progressive, animal friendly
San Francisco and wealthy San Mateo County - neither of
which euthanize adoptable animals by people we know who
profess to care about animals and people, it can happen
anywhere.
SB 861, originally dealing with Medi-Cal has
been "gutted and amended"to read: "BILL NUMBER: SB 861
AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 21, 2005
AMENDED IN SENATE APRIL 20, 2005 INTRODUCED BY
Senator Speier,FEBRUARY 22, 2005, An act to amend 31683
of the Food and Agricultural Code, relating
dogs.
LEGISLATIVE COUNSEL'S DIGEST
SB 861, as amended, Dangerous and vicious dogs.Existing
law regulates potentially dangerous and vicious dogs,
as specified, and provides that nothing in these
provisions shall be construed to prevent a city or
county from adopting or enforcing its own program for
the control of potentially dangerous or vicious dogs
that may incorporate all, part, or none of these
provisions, or that may punish a violation of these
provisions as a misdemeanor or may impose a more
restrictive program to control potentially dangerous or
vicious dogs, provided that no program shall regulate
these dogs in a manner that is specific as to
breed.
This bill would no longer prohibit local governments
from adopting a program regulating dangerous and
vicious dogs that is specific as to breed, but instead
would authorize cities and counties to pass breed
specific legislation to address public safety and
welfare concerns in their communities, provided that no
program shall institute a ban specific as to breed.
Vote: majority. Appropriation: no. Fiscal committee:no
. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS: SECTION 1. Section 31683 of the Food and
Agricultural Code is amended to read: 31683.
- Nothing in this chapter shall be construed to
prevent a city or county from adopting or enforcing its
own program for the control of potentially dangerous or
vicious dogs that may incorporate all, part, or none of
this chapter, or that may punish a violation of this
chapter as a misdemeanor or may impose a more
restrictive program to control potentially dangerous or
vicious dogs, [DELETES: provided that no program shall
regulate these dogs in a manner that is specific as to
breed.]
- Cities and counties may pass breed specific
legislation to address public safety and welfare
concerns in their communities, provided that no program
shall institute a ban specific as to breed."
LEGISLATIVE PROCEDURE allows the "gut and amend"
technique to change the content of a bill that has
already progressed through its house of origin. Thus,
SB 861 that had passed the Senate as a Medi-Cal bill is
now a dog bill in the Assembly. The original bill had
been assigned to the Assembly Health Committee to be
heard on July 5, but this is now subject to change.
Also, this is the first of a 2-year legislative
session, so that unless this bill could have a long
life-span even if it does not move quickly, which San
Francisco officials will be pressing for.
POLITICAL ISSUES include a reputable, normally animal
friendly experienced Democrat is carrying this bill.
This means that every California legislator counts. San
Francisco and much of its powerful dog lobby is already
leaning to mandatory spay/neuter-breeding restriction
of all dogs, particularly breed specific as do other
so-called Pit Bull groups including BadRap. The call
for these measures has nothing to do with the usual
"overpopulation" issues except for the perceived excess
of dogs considered undesirable but popular in the
community. Proponents are focused only on today and not
what dogs we will have in the future.
By contrast, Peninsula Humane Society is focused on the
message that ALL dogs can and do bite, breed popularity
falls of its own and others will rise. This week, it is
highlighting the Pointer breed. A neutered male
Pointer was euthanized this week after an attack on a
small child. PHS reports 36 bite cases between June 1
and June 17th of which Pit Bulls were involved in only
4 percent.
THINGS TO DO RIGHT NOW:
Let Senator Speier, Mayor Newsom and the SF BOS know
that BSL does not work and works as a ban, whether
express or implied. If you are a California resident,
be sure to contact your own Assembly member and
Senator. Additional information and contacts will be
forthcoming and are available at our Yahoo sites. Start
simple!
Senator
Jackie Speier (D-8) Hillsborough State Capitol
Room 2032
Sacramento, CA 95814
Phone (916) 445-0503
Fax 916-327-2186
Mayor Gavin
Newsom
City Hall, Room 200
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Telephone: (415) 554-6141
TDD: (415) 252-3107
Fax: (415) 554-6160
Board
of Supverisor - General Conact
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102-4689
(415) 554-5184 - voice
(415) 554-5163 - fax
(415) 554-5227 - TTY
REMINDER: If you are a direct recipient of this message
and want to continue receiving all updates and access
reference documents in the Files Section, please sign
onto our Yahoo Group as soon as possible.
This is an announcement only list.
T
he Animal Council
(A service of THE ANIMAL COUNCIL,P.O. BOX 168, MILLBRAE
CA 94030. Contact us at The Animal
Council
Return to Table of Contents
ILLINOIS
MINOOKA — Residents will be restricted to owning no
more than five animals per household and exotic pets
will be prohibited if the Minooka Vil-lage Board amends
the current animal control law. Click for the
full
story.
Return to Table of Contents
MASSACHUSETTS
Massachusetts Commercial Breeder Bill Proposed
[Friday, June 03, 2005]
Massachusetts fanciers have reported that Rep. Paul
Kujawski has once again proposed legislation (H1346)
that defines anyone who breeds and sells more than one
litter per year as a commercial breeder. Such
individuals would further be subject to licensing and
inspection.
This new Legislative Alert has been posted on the AKC's
Web site. Click to view
full alert.
Rescue groups outside of Massachusetts need to be aware
of new emergency orders that have been issued by the
Mass Dept of Agriculture if they plan to use a foster
home in Mass or place a dog in Mass.
THE COMMONWEALTH OF MASSACHUSETTS,EXECUTIVE OFFICE OF
ENVIRONMENTAL AFFAIRS, Department of Agricultural
Resources,251 Causeway Street, Suite 500, Boston, MA
02114. 617-626-1700, fax617-626-1850,
www.Mass.gov/AGR
MITT ROMNEY Governor
ELLEN ROY HERZFELDER Secretary
KERRY HEALEY Lieutenant Governor
DOUGLAS P. GILLESPIE Commissioner
FOR IMMEDIATE RELEASE: CONTACT: Brad Mitchell May 26,
2005, 617-626-1771, MASSACHUSETTS DEPARTMENT OF
AGRICULTURAL RESOURCES, ISSUES EMERGENCY ORDER TO
STRENGTHEN ANIMAL IMPORT LAWS.
New Regulations Necessary to Protect Human and Animal
Health
The Massachusetts Department of Agricultural Resources
(DAR) announced an emergency order today to strengthen
the regulations pertaining to animals brought into the
Commonwealth from other states. DAR has found that
additional requirements are necessary to prevent rescue
organizations, shelters and other groups from bringing
animals into the state that pose risks to human and
animal health. More than 200 rescue and adoption groups
are currently relocating animals to Massachusetts for
adoption and sale.
Today’s emergency order will address the weaknesses in
the current import laws in order to minimize health
risks in Massachusetts with the following four new
requirements: Record keeping – Every rescue group
and shelter will be required to keep and provide
detailed records on the animal’s place of origin,
where it was housed prior to arriving in Massachusetts
and ultimately on its new home. Rescue groups and
shelters will also be required to keep detailed medical
records on each animal to aid in epidemiology
investigations and follow-up.
Isolation – Every animal coming into Massachusetts for
adoption must be isolated for 48 hours. This will
serve two important purposes: 1) Any disease afflicting
an animal will have the opportunity to manifest itself
after the stress of transport, and 2) Imported animals
will have enough time after transport to recover and
exhibit either symptoms of disease or behavior
consistent with a healthy animal.
Veterinary Examination – Every animal must be given a
health exam and issued a health certificate by a
Massachusetts veterinarian at the end of the 48-hour
isolation period.
Registration Form: Every rescue group and shelter will
be required to be registered with the state of
Massachusetts and be able to furnish proof of
registration so that state enforcement agencies remain
aware of all importing entities in the state and the
precise nature of their operations.
“We are pleased that Massachusetts is a state in which
humane relocation efforts have been so successful in
providing homes for stray animals from other states,”
said Douglas Gillespie, Commissioner of the Department
of Agricultural Resources. “But, the time has come to
be more vigilant in how we regulate this practice to
prevent diseases and other health threats from
reaching our residents, pets and livestock in
Massachusetts.” Some of the more serious issues that
these new regulations seek to minimize include
nonexistent or forged health records and certificates,
introduction of diseases and parasites not previously
found in Massachusetts and importation of animals with
serious, contagious diseases such as rabies. “We have
seen instances where families with young children were
adopting sick dogs right off the back of an out of
state transport truck, with few if any steps taken to
protect the safety or health of the adopting family or
their pets” added Commissioner Gillespie. “These
rescue organizations do wonderful work; we just need to
ensure that they are doing it right from an animal
health and human health perspective” he
concluded.
Return to Table of Contents
MONTANA
For information regarding proposed Breed Specific
Legislation in Montana go to Ravalli News
Return to Table of Contents
NORTH
CAROLINA
, Onslow County
This NC county is proposing a definition that anyone
with more than 8 animals (dogs or cats) that are intact
would be classified as a "puppymill." For the News
story go to
JD News
Return to Table of Contents
OHIO
House Bill 63/ Bill Summary
- Generally requires a person who sells a dog to
provide the buyer with certain information regarding
the dog and a notice of the buyer's rights containing
that information.
- Allows the buyer of a dog that is not older than
15 months of age and that has a congenital defect or
common hereditary disorder to return the dog for a full
refund, exchange the dog, or, if the dog did not die,
request reimbursement for veterinary fees.
- Allows the buyer of a dog whose pedigree was
misrepresented to return the dog for a full refund or
keep the dog and request a refund of one-half of the
purchase price.
- Relieves a seller from the obligation to accept the
return of a dog, replace a dog, or provide a refund or
reimbursement of veterinary fees under specified
circumstances.
For more information:
Bill Analysis
Click for the entire Bill
Return to Table of Contents
TEXAS
Final Report Texas Legislature - 79th Session
From: Responsible Pet Owners Alliance of Texas
June 13, 2005
The legislature adjourned on May 31st and we won on all
fronts! Thanks to all of you who responded to our many
action alerts and made your voices heard. It was a
grueling 5 month session and we can expect the same in
2007. They'll be back!
Exciting News!
The Texas House of Representatives passed HR No. 1040,
a Resolution endorsing the American Kennel Club Canine
Good Citizen program which was sponsored by
Representative Van Arsdale.
"RESOLVED, That the House of Representatives of the
79th Texas Legislature hereby endorse the American
Kennel Club Canine Good Citizen program, encourage dog
trainers and kennel clubs to provide the training in
their communities, and urge all Texans who own dogs to
take advantage of this outstanding resource."
PASSED: HB 1767 Relating to the regulation of
veterinary medicine.
DEFEATED BILLS:
HB 326/SB 172 Animal Cruelty Bill Texas Humane
Legislation Network's major project for the 79th
Session representing an "animal rights" agenda -- not
truly an animal cruelty bill.
HB 590 Same as HB 326 Animal Cruelty,but left
the fishing, hunting, trapping existing exemption
intact.
HB 834 Animal Cruelty
HB 521 Tethering Bill
HB 1096/SB 1111 By Al Edwards
Relating to the regulation of dogs in municipality of
1.9 million or more (only city of Houston), contained
onerous provisions for Houston dog owners and would
have allowed Houston to pass Breed Specific
Legislation.
Jeff Shaver, a Houston attorney, represented RPOA at
the hearing in Austin regarding this bill and did an
excellent job. Jeff is a member of the American
Rottweiler Club, Medallion Rottweiler Club, Colonial
Rottweiler Club, Texican Rottweiler Club - Houston,
Southwest Tracking Association of Metro Houston, and
Rottweiler Rescue Foundation. There were over 100
people at the hearing opposing the bill. They spilled
out of the hearing room into the hallway. Jeff, Dan
Cravens, Bill Ray and RPOA all worked with Senator
Ellis's office for changes to the bill, but found the
senator's efforts to be less than sincere.
HB 2840 Relating to the regulation of dogs;
establishing a defense to prosecution;limiting
liability.Established a lot of definitions and
basically said anyone could shoot (defend themselves
from) your dog without liability. Jeff Shaver spoke
against this bill also at a hearing immediately
following HB 1096.
HB 663 Relating to the regulation of barking
dogs by certain counties as a nuisance. (Only affected
Fort Bend and Montgomery Counties.)
Again thanks to all of you who made this
happen!
Legislative Alert Newsletter Editors
Denise
Benincase, New York
Rose Marie
Mais, New York
"The purpose of this newsletter is to keep the
membership informed of the canine legislative issues
around the country. The articles within each newsletter
may not express the opinions of the editors or the
USKBTC, and are provided for informational purposes
only."
Last Updated: 07/05/2005, 8:42 am
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