Monthly Legislation Report for December, 2007

Authored by: Ken Sondej & Linda D. Witouski
Forwarded to Rose Marie Mais, Legislative Newsletter Editor.

Ken Sondej - 4winds@viawest.net,American Kennel Club Legislative Liaison - Silver State Kennel Club, Legislative Liaison - National Pet Press, Legislative Liaison - Nevada Dog Fanciers Assc., Director Government Affairs and Legislative Advisor - Adopt A Rescue Pet,Nevada Director Responsible Dog Owners Western States (RDOWS), Advisor - Indiana Animal Owners Alliance, Advisor to Clubs and groups in Southern Nevada, Arizona, California

Linda Witouski - dropfred13@aol.com,American Kennel Club Judge,American Kennel Club Delegate - Myrtle Beach Kennel Club - SC American Kennel Club Legislative Liaison - South Carolina & Pennsylvania, Legislative Liaison/Staff Writer - National Pet Press/TDP, Legislative Chair/BOD - Myrtle Beach Kennel Club, Legislative Chair - Yankee Miniature Pinscher Club, Legislative Chair - Miniature Pinscher Club of America, Inc., Member: NAIA, MOF, ERPT, DSJA, DJAA, MBKC, YMPC, MPCA

Handy TOLLFREE NUMBERS - Capitol Switchboard
Here are some toll-free numbers for the Capitol Switchboard:
1-866-220-0044
1-866-340-9281
1-877-851-6437
1-888-355-3588
1-800-833-6354
1-800-450-8293
1-877-762-8722
1-877-762-8762

FEDERAL

HR2491- Law on Trusts for Pets in the House Ways and Means Committee. Text available upon request.

SA 3723 - NEW PAWS: Exception is similar to SB 1139 - anyone who sells not more than 25 dogs/cats from not more than 6 litters per calendar year (whichever is greater). If the kittens/puppies are all sold at retail, and not for resale, the breeder would NOT have to be federally regulated, as long as the dogs/cats are bred or raised on the premises of the "seller." In addition, a total of 25 other dogs and cats not bred or raised on the premises can be sold (allows for rescue or former show/breeding pets). New PAWS has some additions - most notable is the concept of the "certified third-party inspector." This can be a nonprofit organization certified by the Secretary of Agriculture to inspect breeding facilities. Instead of having inspections by USDA inspectors, one could choose to comply with standards established by a certified third-party inspector. Breeders could have the HSUS, or perhaps AKC inspectors, coming into their homes - probably with a hefty fee. But the standards and inspection protocols must be "at least as protective of animal welfare as those promulgated by the Secretary," according to the Animal Welfare Act. The USDA standards don't work well for a home-based cat fancier with female breeding cats and kittens wandering in the house among their altered pet cats. USDA standards are designed for commercial facilities with animals in separate primary enclosures impervious to moisture. There are also provisions for the importation of dogs and cats into the United States from foreign countries. Regulations would be promulgated within 24 months, so we don't know what to expect here. The ability of the USDA to apply to court for a temporary restraining order or injunction increases the ability to protect animals covered in the existing Animal Welfare Act. A attempt by Sen Richard Durbin (D-IL) to attach a amended-partial PAWS (2005) to the Farm Bill (HR2419) amendment failed and was "ordered to lie on the table."
UPDATE:
Senator Durbin has revised SA 3723, removing all references to expanded breeder regulation and third-party inspection. The new amendment contains restrictions on puppy imports which, should they become law, would not only be unenforceable, they wouldn't adequately protect U.S. dogs' health or wellbeing. It is obvious that the PAWS supporters have not abandoned, only postponed their efforts to license and regulate the private sector.

STATES - IN ALPABETICAL ORDER

ALABAMA

Anniston - Passed an ordinance defining a "vicious dog" as: any pit bull terrier, which shall be defined as an American Pit Bull Terrier or Staffordshire Bull Terrier or any American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier as to be identified predominantly as American Pit Bull Terrier, American Staffordshire Terrier or Staffordshire Bull Terrier. Text available upon request.

Dothan - officials are considering a tougher law that would prohibit any dogs - or cats - from being loose outside, even on private property and requiring a $5 per animal licensing fee could help fund an affordable spay/neuter program. The committee suggested a higher fee, like $50, if the animal has not been altered.

ALASKA

Kenai - proposed change to the Animal Control ordinance regarding kennel permits, renewals, application, location, property values and noise nuisances. There is no distinction between hobby or commercial breeders in the ordinance. There is no grandfather clause and each application must be renewed each year subject to approval or disapproval. Partial information is available upon request.

ARKANSAS

Little Rock - Board of Directors to regulate pit bulls and classify them as a dangerous breed, but they stop short of banning the dogs in an ordinance. Under the proposed ordinance, Little Rock residents still will be allowed to have pit bulls, and new residents can move with their dogs into the city after the ordinance passes. But they will have to register them with Animal Services, pose for a photograph with the dog, sterilize the animal and pay an additional fee to have a dangerous breed permit. The dog would have to be kept indoors or in an outside enclosure. If outside the enclosure, the animal would have to wear a muzzle. If a registered dog were to bite someone, the owner's dangerous breed license could be revoked. The ordinance, which limits owners to two dogs per household, would apply to American pit bull terriers, Staffordshire terriers, American Staffordshire terriers and any mix of those breeds.

CALIFORNIA

Sacramento - Ballot Initiative to prohibit mandatory sterilization of puppies and kittens
Ballot Initiative to prohibit mandatory chipping of animals and humans.
Ballot Initiative to lift restrictions on the number of pets a person can own.
Ballot Initiative to forbid the killing of animals unless seven conditions were met, such as lack of empty cages or kennels and the determination that the animal is not a feral cat that could be sterilized and released.
Ballot Initiative to cap license fees

Modesto - City Council committee will be discussing changes in the animal control ordinance that would put more teeth into penalties that police can levy against animal owners whose pets run loose, show vicious behavior or don't have licenses. One change would declare some animal code violations a misdemeanor instead of an infraction, enabling officers to arrest reckless pet owners for repeated offenses. It also would give officers more authority to seize dangerous dogs. The other change would restore a former police practice the city attorney scuttled this year. It would allow officers to bundle fines for multiple animal code infractions on a single ticket.

Riverside - proposal of a new series of flat fees, replacing a matrix of fees for a la carte services that its chief veterinarian described as confusing and complicated. Owners would be asked to pay $25 for spaying or neutering cats and $50 for dogs, regardless of size. Owners now are charged according to the animals' weights. County would begin vaccinating all cats for rabies and ensuring that all dogs and cats are free of intestinal worms before turning over the animals to the new owners, an important measure to ensure public health. County shelters also would begin to implant scannable microchips in all dogs and cats before turning them over to new owners and collect a fee for that service. County also would raise boarding fees to $12 per day for stray or impounded animals.

FLORIDA

Boca Raton - Palm Beach County - County commissioners have approved a new and revised schedule of fees for Palm Beach County Animal Care and Control, including: Increased fees for licensing non-sterilized dogs and cats -- up from $38 to $75. - Requiring pet owners whose un-neutered animal is picked up by animal control to pay $300 to have the animal returned. Commissioners have also endorsed a mandatory spay and neutering program for all dogs and cats. Boca Raton hasn’t made it mandatory, the idea of responsible pet ownership is contained in city code.

Miami-Dade County - new proposed local law banning tying dogs to any stationary object, such as a house, fence or post. If this law passes you are still allowed to tie your dog up, as long as you stay near them and keep a very close eye. What you can't do is tie your dog up and leave them all alone.

Palm Beach County - proposed Animal Care and Control fee increases for Rabies License Tags Fees; Service Fees and Citation Fees; provide direction regarding mandatory spay/neuter of dogs and cats; and provide direction regarding backyard breeding of dogs and cats. Mandatory spay/neuter of all dogs and cats in PBC, intact license fee of $75 per dog or cat per year and breeder permits - you will be able to apply for a breeding permit by paying a $100 fee, filling out an application from Palm Beach County Animal Care & Control, allowing AC&C to come and "inspect" your home, and AC&C will do a "background check" to insure you aren't a criminal. Passed - Effective 01/01/08.

Volusia - officials expect to take another look at laws meant to reduce the number of dogs and cats euthanized every year in the county. County attorneys have started reviewing mandatory spay and neuter laws from other areas.

INDIANA

DuBois County - Jasper - County Commissioners are considering a proposal that calls for all dogs and cats to be licensed annually. If an animal is spayed and neutered, the price could range from $1 to $5 a year. If an animal is not spayed or neutered, the fee could range from $150 to $200 per animal. The figures are examples, not recommendations. A key is that any license fee for intact animals be higher than a veterinarian's charge for spay/neuter surgeries. The proposal included dog and cat census forms to be mailed with property tax forms. License fees would be used to pay for an animal control officer and associated costs.

Ft Wayne - City Council unanimously supported stricter rules for owners of pets that bite, for tethering animals and for owners of animals that repeatedly break the law. Under the law, pets who bite while on the loose or who are tethered must be spayed or neutered. The law also created a "potentially dangerous" label for dogs, that allows for other restrictions for the animals based on the severity of the bite, but all animals labeled potentially dangerous must be spayed or neutered. For harsher bites, the owner could be forced to attend educational classes, muzzle the animal while off a leash and confine the dog in a kennel while alone. The bill also restricts how dogs can be tethered. It prohibits dogs from being tethered overnight, tethering a dog younger than 6 months old or for tethered dogs to be within 3 feet of the property line or right of way, including sidewalks. Approved 12/04/07 and must formally approve the law during its regular meeting next week.

IOWA

Camanche - City Council decided to table approving the first consideration of an ordinance regulating the existence of pit bulls within city limits until a full council could be present for the discuss. The city never noticed a problem with pit bulls within the city, the question is whether the city wants to be proactive or reactive to a dog attack. The issue will be placed on the next council agenda for further discussion.
UPDATE: City Council decided to stop trying to potentially enact an ordinance regulating the existence of pit bulls within city limits. Dead 12/03/07

South Sioux City - city council voted to approve breed specific regulations for dogs. The new legislation targets pit bulls and other breeds considered aggressive and risky to the public, though the council will have to approve the measure two more times. The proposed law says owners must register and micro-chip dangerous dogs, pay an annual fee of $65, take out a liability insurance policy of at least $250,000, secure the dog in a pen meeting specific requirements, post warning signs on their property and leash and muzzle the animal in public. First reading 11/26/07

KANSAS

McPherson - City Commission will discuss pit bull regulations.

KENTUCKY

Frankfort - Pam Rogers of the Kentucky Humane Society commented that come the first of the year they will in fact be pushing for forfeiture bonds on any animals taken. It is also written in a way that you are guilty no matter what.

Louisville - A bipartisan group of Louisville Metro Council members unanimously approved modifications to the city's dangerous-dog ordinance yesterday, including one that would drop unaltered dogs from the definition of those that could be considered dangerous. The subcommittee also modified how Metro Animal Services would deal with unlicensed animals. The law says a dog is "at risk" of being dangerous, if it menaces, chases, displays threatening or aggressive behavior to people; causes physical injury to domestic pets or livestock; is found unrestrained; or is unaltered. The subcommittee's revision strikes unaltered from that definition. Another major change comes in the way Animal Services officers would deal with unlicensed pets. Under current law, officers can issue citations or impound unlicensed animals. The subcommittee discussed that subject for about 45 minutes yesterday before deciding that officers should first warn owners of unlicensed pets, allowing 15 days to get the animal licensed. If they don't comply, the owners can then be cited and will have to pay a $30 fine plus the cost of a license, which is $9 for an altered animal and $35 for an unaltered animal. Animal Services would be allowed to impound the animal, if the owner fails to license it 30 days after receiving the citation.

MAINE

Maine has quietly passed extremely restrictive laws, in the last 2 years, and continues with more bills up for review in January. There are so few dog breeders in the state, that Maine was literally blindsided, and was not aware of these bills. The few breeders in Maine are now trying to prevent more legislation, and the mood of the legislators is not favorable to dog breeders, so the existing laws are now on the books.

1. 5 or more intact dogs/cats require a state license and inspection.
   
2. contract requirements for our animals, above and beyond our own contracts.
   
3. rabies licenses now going to the state, so they can track down people with 5 or more intact animals.
   
4. advertising law - if people sell more than one dog/cat in a calendar year, they must have a state license # or a vendor's #, obtained from the Department of Agriculture.
   
5. sales tax
   
6. inspection of records
   
7. inspection of homes, if dogs kept in the house