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USKBTC Legislative Newsletter
Summer 2005
Following are the highlights of the some of the Legislative activity that occurred over the summer.
NATIONAL
PAWS Information (Pet Animal Welfare Statue)
Please stay informed.
From AKC site
On May 26, 2005 Senator Rick Santorum (R-PA) and Rep. Jim Gerlach (R-PA) introduced the PAWS (S.1139/H.R.2669), to strengthen enforcement of the federal Animal Welfare Act (AWA). PAWS will bring under coverage of the AWA persons who import large numbers of dogs for resale and breeders and brokers who sell large numbers of dogs at retail, but do not maintain "retail pet stores." The legislation will also strengthen the U.S. Department of Agriculture's (USDA) authority to deal with violators of the Act, and to identify persons who are evading the Act.
S. 1139 was co-sponsored by Senator Richard Durbin (D-IL) and H.R. 2669 was co-sponsored by Rep. Sam Farr (D-CA).
The following link will give you the AKC’s pages on
- GENERAL QUESTIONS
- AKC SUPPORT
- FANCIER CONCERNS
- RESCUE CONCERNS
- COMMERCIAL BREEDER CONCERNS
- ADDITIONAL INFORMATION ON PAWS
AKC Canine Legislation PAWS
The National Animal Interest Alliance (NAIA) is opposed to these bills. Their position can be reviewed at
NAIA On Line
Perhaps no legislative proposal in recent memory has so energized the dog community. The key reason is that it represents the first time that AKC has actively supported legislation that includes "numbers" to determine who is subject to the Animal Welfare Act. This apparent change in position has not been well received by many in the dog community. Each individual will have to decide for themselves their view on this bill, but it is important to keep in mind the legislative process and how this bill will wind its way through Congress.
A bit of history....this bill was NOT originated at the request of a particular dog organization. It was written by Senator Santorium of PA. Animal organizations (including some that are NOT friendly to our sport) became involved with the Senator and his staff to influence the wording. Organizations include HSUS, PETA, and, yes, AKC.
AKC's policy in the past has been to "just say no" to legislation such as this. Times change and when it became apparent that legislation in some form was going to reach the floor plus some concerns over "holes" in current law AKC's Board of Directors decided to support this bill. In doing so AKC is actively involved with the Senator's staff and other groups to influence not only the legislation, but the regulations that might be written if it becomes law.
The legislation, as written, is poorly worded in a number of areas. It will go through several markups and commitments are in place to rewrite and delete sections that either aren't necessary or need clarification. Changes that are anticipated include:
1. The confusion about the language regarding hunting, breeding and security dogs will be corrected and those references will be returned to their original place within the definition of "dog" where they have been since the AWA bill was first written over 20 years ago. The reference will no longer appear in the amendment.
2. The exemptions for breeders who sell 25 or less puppies or sell the offspring of 6 or less litters and sell no more than 25 other dogs will be clarified so that the Senator's intentions in the amendment will be perfectly clear.
3. Shelter, rescue and legitimate non-profits will be clearly exempted within the language of the amendment.
4. The reference to the sale of more than $500 worth of "other animals" will be removed from the retail section of the amendment and clearly placed back within the wholesale sales section of the AWA and the amendment.
5. Parts of the references to source records will be clarified so that sellers will not be required to keep separate records under state regulation and AWA regulation.
While far from certain, work is underway to find language that would exempt those who breed and sell for competition, regardless of numbers, although the loopholes would be very difficult to identify and close.
The hearings on this bill have not been scheduled but it anticipated that will occur in late October. The whole process will take several months.
Although a number of dog clubs have taken a position to either support or be against this legislation,a more prudent path, in my view, is to not take a position one way or the other until the bill is further down the legislative process....to do so now is taking a position on a work in progress. What you can do, if you have useful input to the bill, is thoughtfully write the bill's sponsors and give them your thoughts and ideas. Simply saying "no" will not help.
Carl C. Ashby
Delegate
United States Kerry Blue Terrier Club
336.292.9060 Ext 0
336.292.9051 (fax)
www.carlcashby.blogging.com
TEXAS
From Responsible Pet Owners Alliance
Permission granted to crosspost.
TX-RPOA E-News
July 9, 2005
Highlights from the Proposed Austin, Texas,
Animal Ordinance
"Mandatory Spay/Neuter of all Dogs/Cats & Breeder Permits"
Please urge the city council members NOT to sponsor this ordinance. Without a sponsor, it is dead. It was approved by an "animal rights" dominated Animal Advisory Commission on May 17.
- Every dog and cat of six months of age or older in the city of Austin must be spayed/neutered, with Medical, Transitory or Intact Permit exceptions.
- To own an intact dog or cat, an Annual Intact Permit must be obtained for $100 per permit for each intact animal, with an identifying microchip implanted.
- The holder of an Intact Permit for a female dog or cat who breeds this animal must first purchase a Breeding Permit for $500 per litter with numerous provisions and restrictions.
Penalties for violations regarding Running at Large or Unrestrained Dog include:
- For an intact animal temporarily in the city via a transitory exception: First offense, owner is required to pay permit fee of $100 for each animal
involved. Second offense for same animal, animal will be sterilized by the city and owner must pay all professional fees to reclaim.
- For an intact dog or cat with an Intact Permit:
Owner may reclaim on first offense. Second offense for same animal, animal will be sterilized by the city and owner must pay all professional fees to
reclaim.
- For an intact dog or cat in the city without a medical, transitory exception or Intact Permit: The owner will be required to take one of the following 3 actions: 1)Surrender the animal to the city; 2) Pay the Annual Intact Permit Fee of $100 plus a fine of $150; or 3) Provide proof of sterilization within 30
days of citation. If proof of sterilization is not received, animal(s) will be seized and sterilized by the city. Cost of reclaiming will include all
professional fees plus a fine of $150.
- If an owner fails to sterilize their animal after 30 days notice and obstructs confiscation of the animal, the owner will be jailed and may be offered community service at Town Lake Animal Center.
Penalties regarding Breeding Permits and Restrictions
- Failure to obtain a breeding permit if the animal is pregnant, offenders will have 3 options: 1) Terminate the pregnancy and spay the animal; 2)
Purchase an intact animal permit for $100 per pregnant animal and a breeding permit for $500 per pregnant animal; and pay a fine of $150; or 3)Surrender the pregnant animal(s) to the city.
- Failure to obtain a breeding permit if the animal has already delivered puppies or kittens has two options. 1) Purchase an intact animal permit for $100 per animal and a breeding permit for $500 per litter, and pay a fine of $150; or 2) Purchase an intact animal permit for $100 for each breeding animal, pay a fine of $150, and surrender the current litter(s) to the city.
The mayor and city council may be emailed with one email at the website Texas Council Group Mail
Mailing Address for City of Austin is, PO Box 1088, Austin, TX 78767
Mayor Will Wynn: Phone: 512-974-2250, Fax: 512-974-2337
Mayor Pro Tem Danny Thomas: Phone: 512-974-2266, Fax: 512-974-1890
Councilman Raul Alvarez: Phone: 512-974-2264, Fax: 512-974-1887
Councilwoman Betty Dunkerley: Phone: 512-974-2258, Fax: 512-974-1886
Councilwoman Jennifer Kim: Phone: 512-974-2255, Fax: 512-974-1888
Councilman Lee Leffingwell: Phone: 512-974-2260, Fax: 512-974-3212
Councilman Brewster McCracken: Phone: 512-974-2256, Fax: 512-974-1884
PENNSYLVANIA
A House Bill 1911 would limit the number of hours a dog could be tied up outside each day. It also stipulates appropriate tether lengths, types of tethers and collars that may be used for tethering, enclosure size, and shelter and shade requirements, which are
dependent on weather.
The text of the bill is available at
HB1911
CALIFORNIA
From AKC Legislative Dept.
Reminder: LAST CHANCE TO STOP BSL IN CALIFORNIA!
[Tuesday, September 20, 2005]
Despite responsible dog owners' efforts to the contrary, the California Senate approved SB861 yesterday by a vote of 22-15. However, the bill received only the minimum number of votes needed for passage. Combined with a strong grassroots campaign, this could increase our chances of convincing Governor Schwarzenegger to veto this misguided measure. Purebred dog owners must therefore immediately concentrate their opposition efforts on the Governor's office. Letters are the most effective form of communication as they will be included in the final bill file for presentation to the Governor. Please write today!
Governor Arnold Schwarzenegger
State Capitol Building
Attn: Legislative Affairs
Sacramento, CA 95814
Fax: 916-445-4633
For full details go to
AKC News
MARYLAND
From AKC Legislative Dept.
Prince George's County, MD Considers Repeal of Breed-Specific Ordinance
(Thursday, September 08, 2005)
On Tuesday, September 13th the Prince George's County Health, Education and Public Services Committee will hear CB-10-2005, a proposal which will repeal the county's ban on "pit bull" terriers. The hearing will be held at 2 p.m. in Room 2027 of the County Administration Building at 14741, Governor Oden Bowie Drive. Fanciers and concerned dog owners are encouraged to attend the hearing if possible and to contact the members of the Health, Education and Public Services Committee and the County Council to express support for this important proposal.
For the full article go to AKC News
OREGON
BSL Alert - Multnomah County, OR
On September 14 KATU TV (Channel 2) plans to hold a Town Hall Meeting about proposals to impose a ban on pit bulls in Multnomah County.
A small town in Oregon is considering a pit bull ban. it was on channel 2 news KATU, due to a a recent attack by two pit bulls against an man walking his shitzu or lhasa something. There have been 4 attacks in the last year. They mentioned the other three areas and Canadian province that currently have bans.
MASSACHUSETTS
From AKC Legislative Dept.
Massachusetts Fanciers Defeat Commercial Breeder Bill
(Monday, August 15, 2005
Nancy Fisk, Vice President of the Massachusetts Federation of Dog Clubs and Responsible Dog Owners (MassFed), recently shared the following report about the defeat of HB1346. Congratulations to all who helped make this victory possible!
On June 20th Massachusetts dog owners and breeders rallied in opposition to House Bill 1346 and sent a strong message to the Joint Committee on Agriculture and Natural Resources. This Bill would make anyone who bred and sold puppies from more than one litter per year a commercial breeder.
For full article go to
AKC News
MAINE
(Provided by Louise Lang)
In attempt to give pet owners adequate information so they do not inadvertently overvaccinate their animals, the nation's first legislation which would have required veterinarians to provide vaccine disclosure forms to pet owners BEFORE they vaccinate their animals (cats & dogs) was filed in Maine this year. The bill, LD 429, An Act to Require Veterinarians to Provide Vaccine Disclosure Forms. Maine Legislation
Dogs Adverse Reactions had been introduced on my behalf by Representative Peter Rines of Wiscasset and was vigorously opposed by the Maine Veterinary Medical Association and its members at the public hearing on February 28th, and was recently defeated by Maine's Legislature. Pet owners in CT, PA, FL, MO, MN, RI, WI and TX are working on getting similar bills filed in their states for next year's legislative sessions, and AB263 was introduced in Nevada this year (2005). Report
Contact Abigail Richlin-Schwartz
We wish to thank Carl Ashby and Louise Lang for their contributions to this Newsletter.
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 club, and are provided for informational purposes only."
Last Updated: 09/22/2005, 9:23 pm
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