Legislative News

February 20, 2008

(The following information was forwarded by Legislative Newsletter Editor, Rose Marie Mais and is published with permission of the authors.)

THE MONTHLY NATIONAL LEGISLATION REPORT Authored By and Compiled By:Ken Sondej & Linda D. Witouski

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STATES - IN ALPHABETICAL ORDER

ALABAMA

Colbert County - County's animal control director is asking the county's larger municipalities to consider an ordinance that would outlaw chaining dogs.
Dothan - City has put aside the proposed ordinance that gives AC officers right of entry, defines regulations for "dangerous," "vicious" and nuisance,and has agreed to the formation of a ten member panel of community experts to construct a new ordinance that meets the needs of all interested parties.

Fultondale - City Council discussing a proposed ordinance regarding owning and keeping dangerous animals in the city. The proposed ordinance would be breed specific and includes sections on notification of people currently owning animals, and insurance requirements for those who continue to keep dogs. The only breed to be banned under the proposed ordinance would be pit bulls, although current owners would be able to keep their dogs. However, officials are considering revisions to the proposal. Alabama Canine Coalition

ARKANSAS

Rector - City Council continued its discussion on how best to approach the implementation of a new vicious dog ordinance during Monday (01/04/08) night’s monthly meeting. In the city’s current ordinance, a dog deemed “vicious” is required to be kept by its owner in a pen and hat constitutes a vicious dog? On the topic of vicious dogs, one breed was constantly mentioned: Pit Bulls. Mayor Ron Kemp suggested the council members meet with people in the city over the next month to gain a better understanding of what the residents of Rector would like to see included in the ordinance and whether or not specific dog breeds should be named.

ARIZONA

Home Page: Arizona Legislation
HB2011 - AN ACT amending section 13-1208, Arizona Revised Statutes; relating to vicious animals. HB2011

HB2153 - AN ACT amending sections 13-1802, 13-2910.01 and 13-2910.02, Arizona Revised Statutes; relating to offenses against public order. Relating to dog fighting. HB2153

HB2485 - AN ACT to be it enacted by the Legislature of the State of Arizona: Section 1. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2914, to read: START_STATUTE13-2914. Unlawful public sale of animals; classification; definitions. HB2485

HB2516 - proposed law will prohibit persons from owning or keeping a dog or cat that is more than six months old if the animal has not been spayed or neutered, unless the person has acquired an intact permit for the animal. Will require breeders to pay an undetermined annual fee for every intact dog they possess. HB2516

HB2553 - AN ACT Amending title 3, Arizona Revised Statutes; relating to veterinarians. HB2553

El Mirage - City Council will consider an intergovernmental agreement with the county for full-time animal control services. Law-enforcement officials hope the city's long-standing problem of strays and vicious dogs will be tamed. City Council will review a measure tying the city to an agreement with the Maricopa County Animal Care & Control. Under such an agreement, the county would respond to every animal-control call. Such calls would include dog bites and stray animals. The cost for the fiscal year is $58,500.

CALIFORNIA

Home Page: CA Legislature

AB0667 (2007) - An act to amend Section 600 of the Penal Code, relating to crimes. Law enforcement animals. Existing law makes it a crime to willfully and maliciously injure any horse or dog used by a peace officer in his or her duties, as specified. AB0667

SB0685 (2007) - An act to repeal and add Section 15212 of the Probate Code, relating to pet trusts. SB0685

SB0902 (2007) - An act to add Section 13159.85 to the Health and Safety Code, relating to firefighters. Requiring the State Fire Marshall to update regulations for accelerant canines and their handlers.

SB0986 (2007) - An act to amend Section 122350 of the Health and Safety Code, relating to pet stores. http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_095 1-1000/sb_986_bill_20080107_amended_sen_v98.html

Huntington Beach - City Council opted out of any programs requiring pet owners to sterilize or microchip their pets - whether mandatory or incentive-based - or to license cats. The council also voted to make it mandatory for anyone advertising dogs or cats for adoption to display a business license number in the ad, which was the only original language added to a city law concerning pet licensing. PASSED 01/04/08

Kern County - County Animal Control Commission answered questions and debunked myths about proposals affecting dog owners and breeders. There are no mandatory spaying and neutering laws in the proposals. Proposals, which have not yet been set, cover issues such as increasing annual license fees for unaltered dogs and animal facility permits.

Long Beach - City Council's Public Safety Committee is expected to meet Feb. 19 or 26 to discuss a proposed "dangerous dog ordinance" that could tighten laws and increase penalties for owners with potentially dangerous dogs. Councilwoman Gerrie Schipske believes the proposed model should include elements from policies advocated by The Coalition for Living Safely with Dogs in the state of Colorado, according to the newspaper. Some of the elements include: .. well-defined procedure for determining if a dog is potentially dangerous, increased penalties and a spay or neuter requirement for dogs found running loose more than once, an option for first-time animal ordinance offenders to choose an education program over costly fines and mandatory pet micro-chipping.Press Telegram

Los Angeles - Most dogs and cats in the city of Los Angeles would have to be spayed or neutered by four months of age under a proposal approved Monday by a City Council committee. The proposed ordinance is intended to reduce the number of animals in the city's shelters and decrease the rate of euthanasia, which costs the city about $2 million a year. The proposed law would require pet owners to spay or neuter their dogs and cats by four months of age. The proposal includes exemptions for animals who show and have competed in at least one legitimate show or sporting competition; dogs that are in the process of earning an agility, carting, herding, protection, rally, hunting, working or other title; guide, signal or service dogs; dogs that are actively used by law enforcement agencies; and animals with valid breeding permits. Update 2/1/08 - passed first reading 10-1 UPDATE: PASSED

Modesto - City Council proposal regarding dangerous dogs could send their owners to jail and ratchet up penalties for canine attacks.

Napa - City Council adopted new regulations Tuesday (01/22/08) for dealing with dangerous and vicious animals. The new rules should speed up enforcement of animal control laws, with greater fines for owners and reduced animal stays at the county shelter for pets. Officers now have more authority to find that a dog is potentially dangerous or vicious and impose corrective actions to protect the public. Owners can appeal to a hearing board. A "potentially dangerous" dog is one that has engaged in unprovoked, aggressive conduct. A "vicious" dog has caused unprovoked injury or death to a human or domestic animal. If a dog is found to be dangerous, the owner will have to agree to having an identifying microchip inserted in the animal, obtain professional training for the animal, reimburse medical expenses and property damage and install graphic warning signs where the animal lives. The additional requirements for vicious animals include expert behavioral testing, construction of an approved safety enclosure, required use of an approved leash, collar and muzzle, spaying or neutering, proof of liability insurance and a prohibition of the dog living with minor children.

Santa Barbara County - County Animal Services will be hosting two community forums to invite public comment regarding a proposed Pet Population Awareness Law (PetPAL). The proposed ordinance to reduce dog and cat overpopulation aims to reduce the number of unwanted dogs and cats in the county by targeting specific populations without imposing additional burdens on responsible pet owners, and seeks to provide assistance to pet owners seeking to alter their pets but unable to afford the service.

Santa Barbara County - Ordinance recognizes the responsibility of cat and dog owners to provide proper and humane care for their animals; and the need for mandatory sterilization of designated dogs and cats as a necessary means of addressing the problem of pet overpopulation UPDATE: County of Santa Barbara discussion regarding mandatory spay neuter have been postponed. Originally scheduled for February 27 (Santa Barbara) and February 28 (Santa Maria), the County Board of Supervisors has advised "POSTPONED TO APRIL (POSSIBLY MAY)."

West Hollywood - City Council has voted to ban the sale of dogs from puppy mills.

COLORADO

Home Page: CO Legislature

HB1129 - A BILL FOR AN ACT concerning a prohibition on any requirements for participation in a Animal Identification System when exhibiting an animal at the Colorado State Fair and Industrial Exhibitions. HB1129

HB1185 - AN ACT concerning the mandatory sterilization of specified pet animals released to prospective owners from certain Pet Animal Facilities. HB1185

Aurora - city council will have a review of their breed ban which began in February 2006 to determine its effectiveness. UPDATE: A spike in dog bites has some city council members wondering if a ban on "fighting dogs" is having the desired effect. Since city council banned pit bulls and other dangerous dogs in 2005, the number of reported dog bites from the restricted animals is down. But overall, the number of reported bites in Aurora is up, from 110 in 2005 to 157 last year. Council directed city staff to take a closer look at the statistics to try to determine how severe each bite has been and present the findings to council in the coming months.

FLORIDA

Home Page: Florida House

HB101 - An Act relating to dangerous dogs; amending s 767.14,F.S; Eliminates prohibition of breed-specific local government regulation of dangerous dogs; providing an effective date. Use homepage to Search: Florida House

HB219/SB1994 - Gertrude Maxwell Save a Pet Creates a direct-support organization for the Department of Agriculture and Consumer Services. Provides for the organization, operation, and purpose of the direct-support organization, etc. Use homepage to Search: Florida House

SB444 - Sale of Dogs and Cats/DOACS [RPCC]: Redefines the term "pet dealer" for purposes of provisions authorizing a purchaser to return an animal to the pet dealer and receive a refund, exchange the animal, or receive a reimbursement of expenses. Authorizes the Department of Agriculture and Consumer Services to enforce statutory provisions related to the sale of dogs and cats, etc. Use homepage to Search: Florida House

Broward County - Commissioners are studying the Palm Beach County ordinance for possible passage in Broward County. Keystone Heights - At last Thursday's Keystone Heights City Council meeting, Mayor Mary Lou Hildreth and three councilmen said the town's pet ordinances are vague, out of date, and don't get enough enforcement. Bradley said the ordinances could stand some tweaking. After discussion, the council passed a motion which charges City Manager Ken Venables and Bradley to review the measures related to pets in the city. News

Palm Beach County - West Palm Beach - commissioners gave initial approval to a controversial plan that will require all pet owners to spay and neuter their animals unless they pay for a more expensive license tag and sign an affidavit agreeing not to breed their pets. The rules would also prevent breeders from breeding more than two litters of puppies and kittens a year. Breeders would be required to obtain a breeding permit and would be forced to hand over the names, addresses and phone numbers of the people who buy their pets. A final hearing on the rules will be held Feb. 5. UPDATE: PASSED 2/5/08

Volousia County - commissioner notes indicate they have asked county attorneys to review the various MSN laws currently on the books to include Caifornia's and Palm Beach County's. The Volusia County Council likely will decide Thursday (2/7/08) whether to consider requiring pet owners to spay and neuter their animals. UPDATE: By a 4-3 vote, the County Council directed its attorneys to draft an ordinance requiring pet owners to spay or neuter their dogs and cats. Beaconon News

GEORGIA

Home Page: GA Legislature

HB301 - To amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dog fighting; to prohibit dog fighting and related conduct; to provide for punishments; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB301

Colquitt County - Moultre - County Board of Commissioners, by general consensus, has agreed to simply enforce state law rather than significantly alter the county's dangerous dog ordinance. State law addresses dangerous and vicious dogs and doesn't apply to nuisance animals. That falls under the county ordinance. Up until now, Colquitt County hasn't given authority to any entity to enforce the state law. State law also requires rabies inoculations and tags for all pets, dogs and cats. The pets are required to wear those tags. Passed 01/14/08

Macon - City Council committee proposed an ordinance that would make it illegal to leave a dog or cat tethered outdoors for eight continuous hours or for a total of 12 hours in a 24 hour period. The tether must be at least 15 feet long and cannot restrict the animal's access to food, water, shelter and a separate area to relieve itself. Ordinance still requires approval from the council.

Sugar Hill - City Council is considering banning pit bulls from public property. The ordinance would prohibit the dogs, including mixed breeds, from going to public parks or government property within the city limits. Violators would be fined anywhere from $200 to $1,000.

IDAHO

Home Page: Idaho Legislature

H0391 - AN ACT RELATING TO DOGS; AMENDING CHAPTER 28, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-2809, IDAHO CODE, Adds to existing law relating to dogs to provide that the breeding, raising, boarding, producing or marketing of dogs of the herding, working and sporting breeds by the producer shall be deemed an agricultural pursuit and such animals shall be deemed livestock. http://www.idaho.gov/oasis/H0391.html

Boise- A bill that would make dog fighting a felony and attending a dog fight a misdemeanor has won initial approval on Friday 01/18/08. The bill reaches out and grabs all those affiliated with the dog fighting; including spectators, given this is a for-profit venture in many cases. Working livestock dogs are exempt.

ILLINOIS

Home Page:IL Gov.

HB0203 - Creates the Retail Sale of Dogs and Cats Act. Imposes various requirements on pet dealers who sell dogs or cats. Provides that an animal must be examined by a licensed veterinarian before being placed with other animals by a pet dealer. Provides that a pet dealer must give the purchaser of a dog or cat a written statement containing certain information about the animal purchased and maintain a record of that information. Requires certain standards of care for animals. Imposes civil monetary penalties on a pet dealer for violations. Provides remedies for a purchaser if an animal becomes ill or dies as a result of an illness that existed in the animal at the time of purchase. Sets out a notice of an animal purchaser's rights, and requires that notice to be given to each purchaser of an animal from a pet dealer. Provides penalties for pet dealers who sell diseased or ill animals. Effective January 1, 2008. HB0203

HB4844 - Amends the Humane Care for Animals Act to prohibit destruction of an animal by decompression chamber and lowering the oxygen pressure or by using nitrous oxide, halothane, carbon monoxide, or carbon dioxide. Imposes criminal penalties for violation. Amends the Humane Euthanasia in Animal Shelters Act. Changes the short title to the Humane Animal Euthanasia Act. Contains provisions concerning renewal of a euthanasia technician certificate and continuing education; restrictions on issuing certificates because of felony convictions; euthanasia methods; refusal to renew and revocation of euthanasia technician and euthanasia agency certification; exemptions from certification; and criminal penalties. Amends other Acts to make conforming changes. IL Gov.

Burnham - village has decided it will not seek to ban pit bulls from the community because similar attempts to ban the dogs have been ruled unlawful. In Burnham, all dogs must be leashed and 'vicious dogs' must be muzzled.

Maryville - village must amend its ordinance that prohibits vicious dogs in the village and steer away from breed-specific ordinance. The state law says it cannot be breed specific, the current ordinance lists pit bulls. The only exceptions are police dogs and assistance dogs.

INDIANA

Home Page:IN Gov.

HB1254 - A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Animal cruelty. Provides that a person who knowingly or intentionally kills a vertebrate animal commits animal cruelty, a Class D felony. HB1254

HB129 - A BILL FOR AN ACT to amend the Indiana Code concerning taxation; County option dog tax on kennels. Provides, for purposes of the county option dog tax, that a major kennel in which more than 15 taxable dogs are kept for breeding, boarding, training, or sale and that a minor kennel is one in which 15 or fewer taxable dogs are kept for breeding, boarding, training, or for sale. HB129

SB190 - A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals, setting minimum age requirements on the sale of dogs, birds and rabbits and proposing dog bite liability laws. SB190

SB193 - A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals. Impoundment of animals. Provides that, unless a bond sufficient to cover the care and keeping of an impounded animal is tendered, a court may not issue an order prohibiting an animal shelter from disposing of the impounded animal. Requires the owner of an impounded animal to reimburse the animal shelter for its expenses in keeping the animal if there was probable cause sufficient to charge the owner with a specified offense related to the animal, even if the owner is acquitted of the charges. Requires a probable cause for impoundment hearing to be held not later than ten days after the impoundment. SB193

SB316 - Practice of veterinary medicine. Transfers the licensure of veterinarians and the registration of veterinary technicians to the article governing professions and occupations. Adds definitions of the terms "client", "consultation", "direct supervision," "indirect supervision," "registered veterinary technician," "supervisor," "veterinary assistant," and "veterinarian-client relationship." Amends the definition of "practice of veterinary medicine" to include the following acts done for compensation. SB316

IOWA

Home Page: IA Legislature

HF2005 - An Act relating to contest events where an animal is injured, tormented, or killed, by providing a penalty for spectators. HF2005

Fremont - City Council decided to kick out all pit bulls this month in response to dogs running loose in the city. An amendment to Fremont City Ordinance 4-1-7 defines dangerous animals to include Staffordshire terriers, American pit bull terriers and any dog which has the appearance and characteristics of being predominantly of those breeds. Passed 02/04/08 Waterloo - Mayor Tim Hurley said changes are in store for the city's animal control ordinance following several well publicized dog attacks. Hurley said City Attorney Jim Walsh is preparing changes to the ordinance as it pertains to dangerous dogs. Proposed ordinance outlining a list of potentially dangerous dog breeds --- pit bull terriers, Rottweilers, wolf hybrids, chows, Doberman pinschers and others --- which would have to be registered as such to stay in the city limits. Owners would need to detail their ability to confine their pets and prove they had insurance to cover damage or injury the dogs may cause. The proposed ordinance would not allow the owner of a dog to keep the animal during the appeal process for a dangerous dog citation, and the owner would be required to post a bond to cover the boarding costs for the animal pending that appeal. Owners choosing to remove a dangerous dog from the city --- rather than destroying it --- would need to post a plan of where it would be taken; dogs returning to the city would be destroyed immediately without appeal. The City Council will discuss the proposed changes in the near future. UPDATE: City Council's ordinance committee is expected to consider a new proposal to protect the public from "potentially dangerous" dogs defining what makes a dog potentially dangerous and requiring owners of such animals to pay higher animal registration fees and carry liability insurance. Under the proposed ordinance, a dog is "potentially dangerous" if it causes injury to a person or domestic animal or is found running at large if its owner has been cited by Black Hawk Animal Control three or more times within a 12-month period. The ordinance excludes dogs used by law enforcement or incidents where the injured person was trespassing; where the victim was committing or attempting to commit a crime on the dog owner's property; where the victim was abusing, torturing or assaulting the animal without justification; or when a domestic animal that was at large entered the area where the dog was confined. If a dog is deemed dangerous under the proposed ordinance, its owner would have to register it with the city, pay a $50 registration fee, provide proof of at least $300,000 in liability insurance to cover injuries caused by the dog and be affixed with a permanent registration number. The ordinance would also make it easier to declare a potentially dangerous dog as dangerous if it commits future offenses.

KANSAS

Edwardsville - City Council modernized the community’s animal control ordinance updating definitions and strengthening penalties. The new ordinance includes definitions of 33 terms, from “abandon” to “work dog” and abandons proscription of breeds such as pit bulls that are generally regarded as dangerous in favor of a prohibition of animals that are found to be dangerous or vicious. Passed 02/11/08

LOUISIANA

Beauregard Parish - Parish Police Jury will discuss the possibility of implementing new vicious dog regulations in the parish at the Tuesday, February 12 regular meeting of the jury. The decision to explore options for regulating ownership of breeds classified as vicious. Some suggestions by committee members included a policy in which all dogs classified as vicious breeds would be required to be registered with the city or parish by their owners, and requiring owners to hold liability insurance on those dogs. New yard fencing requirements and rules for walking the dogs were also among possibilities considered.

Oberlin - Allen Parish - considering pit bull ban

Sulphur City- Council is now looking at limiting tethering time for dogs to lessen potential aggression.

MAINE

Home Page: Maine Legislature

LD 2010 (2007) - "An Act To Ensure Ethical and Humane Dog Breeding in the State" - bill seeks to enact measures designed to address the inhumane breeding standards of so-called "puppy mills" in the State. This bill would outlaw the most egregious dog breeding practices and would establish a Maine humane dog breeding standard. LD 2010

LD 2171 - An Act To Amend the Animal Welfare Laws LD 2171

MARYLAND

Home Page: Maryland Legislature

HB378 - Increasing the penalties for abuse or neglect of animals and aggravated cruelty to animals; requiring a court to order a person convicted of abuse or neglect of animals or aggravated cruelty to animals to participate in and pay for psychological counseling; and prohibiting a court from suspending any part of a 1-year mandatory minimum sentence for aggravated cruelty to animals.HB378

HB662 - Increasing the maximum term of imprisonment and fine that may be imposed for attending a dogfight or a cockfight; and increasing the maximum term of imprisonment that may be imposed for specified activities relating to dog fighting or cockfighting. HB662

MASSACHUSETTS

Home Page: MASS Gov.

SB512 - AN ACT updating the animal control laws of Massachusetts, Section 39E. All dogs or cats brought or shipped into the commonwealth shall be accompanied by an official health certificate issued by an accredited veterinarian and a copy sent to the commissioner of agricultural resources. SB512

Lynn - In the wake of another dog attack in the city, Council President Tim Phelan said he and city officials are currently examining an increase in fines for unleashed dogs and whether a "Pit Bull ban" is a feasible option to protect residents from unruly animals. Phelan said the council also plans to reach out to city postal carriers to identify any unleashed or unruly dogs while they are on their rounds in local neighborhoods.

MINNESOTA

Home Page:MN Legislature

HF2906 - Dangerous dogs regulating provisions changed HF2906

HF2469/SF2292 - Dog and Cat Breeders Act adopted providing standards of care for dog and cat breeders, authorizing rulemaking, and appropriating money. HF2469
SF2292
UPDATE: Both the dangerous dog bill (HF2906) and the breeder bill (HF2469/SF2292) bills have hearings set for Tuesday Feb 19th, Room #10 at 12:30pm. They will be heard concurrently.

Minneapolis - City Council voted unanimously for the changes after a sharp debate over whether dogs that threaten people on their owners' property ought to be declared potentially dangerous. The proposal sets a $75 annual license fee for dangerous or potentially dangerous dogs, There's also an annual registration fee of $200 for dangerous dogs and $100 for potentially dangerous dogs. The revised law declares dangerous a dog that attacks a human without provocation, kills another animal off the owner's property, or repeatedly attacks or tries to attack a person or animal. A late compromise also labels as dangerous a dog whose owner has the training devices or drugs used to prepare a dog to fight. Potentially dangerous dogs are those that bite unprovoked and cause minor injury, or bite or injure another domestic animal off the owner's property. A dog could also be declared potentially dangerous for a "known propensity, tendency or disposition" to attack unprovoked, causing injury to humans or animals, but only if documented by police or animal officers. Passed 01/18/08

MISSISSIPPI

Home Page:Bill Status

HB1364 - AN ACT making it a crime to have the custody or possession of certain vicious animals or dogs, unless certain requirements designed to protect the public are met; to revise certain crimes related to animal cruelty; to exempt from the provisions of this act certain activities involving animals; to allow for the seizure of certain animals that are in immediate danger because of a natural disaster or emergency; to amend sections 41-53-11 AND 97-41-1, 97-41-2, 97-41-3, 97-41-5, 97-41-7, 97-41-9, 97-41-11, 97-41-13, 97-41-17, 97-41-19, 97-41-21 AND 97-41-23, Mississippi Code of 1972, in conformity thereto, to amend section 97-41-18, Mississippi Code of 1972, to remove the July 1, 2008, repealer on the law creating the crime of conducting a fight between a canine and a hog, and for related purposes. HB1364

MISSOURI

Home Page: House MO Gov.

SB886 - This act allows any city, town, or village to adopt ordinances, orders, or regulations to control dangerous dogs, provided that no such ordinances, orders, or regulations are specific to breed. Ordinances, orders, or regulations addressing specific breeds of dogs adopted prior to August 28, 2008, shall be deemed invalid. RDOWS helped with this Bill. SB886

SB914 - This act creates the Healthy Pet Act. Pet dealers are required to have their dogs and cats examined by a licensed veterinarian no greater than 30 days prior to sale. The act requires that pet dealers provide a written statement to the purchaser of any dog or cat containing certain facts about the animal's birth, breeding, physical traits, and medical history. The written statement shall also include a statement signed by both the pet dealer and the purchaser that the animal has no known disease, illness, or adverse health condition or the statement shall alternatively disclose any known disease, illness or adverse health condition. SB914

NEBRASKA

Home Page: NE State

LB1055 - AN ACT relating to dogs; to amend sections 54-608,54-610, 54-611. 54-613, 54-614, 54-616, 54-617, 54-618, 54-619, 54-620, 54-623, and 54-624, reissue Revised States of Nebraska; to change provisions relating to dog running at large and dangerous dogs; to provide penalties; to provide powers and duties to counties; to harmonize provisions; to repeal the original sections; to outright repeal sections 54-607 and 64-609, reissue Revised States of Nebraska; and to declare an emergency. LB1055

South Sioux City - city council voted to approve the dangerous dogs and potentially dangerous dogs ordinance. It will go into affect this June. The new ordinance will require owners of dangerous dogs to muzzle their pets in public. The owners will also have to pay a $65 registration fee and put up warning signs on their property. The "Dangerous Dogs" classification isn't separated by breed, but by action. Owners of vicious dogs will also have to take out $250,000 in liability insurance.

NEW HAMPSHIRE

Home Page: NH General Court

HB0504 An Act restricting the number of puppies to be sold by commercial kennels. HB0504

HB0581 An Act relative to the penalty for purposely mistreating service animals. HB0581

HB0585 An Act requiring all animal shelter facilities, pet shops and commercial kennels to collect a neutering deposit when placing a cat or dog that has not been neutered. HB0585

HB0666 An Act establishing a license fee for the sale of animal vaccines. HB0660

HB1143 An Act relative to penalties for failure to provide outdoor dogs with necessary shelter. HB1143

HB129 An Act relative to eligibility requirements for the state animal population control program. HB129

HB130 An Act relative to the definition of service dogs. HB130

HB1314 An Act relative to animal cruelty. This bill removes "worrying" from the list of legal reasons allowing the killing of a dog. HB1314

HB1609 An Act relative to misrepresentation as an owner of a service dog. HB1609

SB0375 An Act allowing veterinarians to inform town and city clerks about dogs that have been euthanized. SB0375

SB0513 - This bill allows the state to confiscate animals used in illegal fights. This bill also allows the state to prohibit a person convicted of conducting illegal exhibitions of fighting animals from having custody or control over certain animals. SB0513

NEW JERSEY

Home page:NJ Legislature

A204 Establishes 25-cent municipal court surcharge for all violations; creates grant program for animal shelters funded by surcharge. A204

A449 Permits the rabies inoculation of dogs at pounds or shelters under the direction of certain veterinarians. A449

A820/S1045 Requires court to issue animal protective orders against persons found guilty of abusing animals. A820 & Bi ll View

A899/S358 Recodifies offenses against animals under State criminal code, increases degree of crime for certain offenses.A899 & S358

A902 Establishes animal cruelty offenses pertaining to chaining or other restraint of animals. A902

A1173 Requires dogs licensed out of state that are brought into NJ to be licensed in NJ within 60 days, and raises penalties for violations of law requiring licensing of dogs and of kennels, pet shops, shelters and pounds. A1173

A138 Establishes notification system for operation of petting zoos and certain animal or agricultural exhibitions; establishes sanitation requirement for human contact with animals.A138

A1403 Permits court to include animals in domestic violence restraining orders. A1403

A1414 Requires public schools to include instruction on humane treatment of animals as part of the Core Curriculum Content Standards in Comprehensive Health and Physical Education. A1414

A1418 Prohibits use of certain underwriting guidelines by insurers pertaining to guide dogs, service dogs, or hearing assistance dogs harbored on the insured property. 2nd Reading in the Assembly.A1418

A1419 Authorizes courts to include animals in domestic violence restraining orders. A1419

A1568 Requires all cats and dogs released from shelters and pounds be sterilized with certain exceptions; increases certain dog-related fees; dedicates increases to Animal Population Control Fund; establishes new eligibility criteria for State spaying and neutering program. A1568

A1591 Prohibits certain breeding and sales practices; requires persons selling cats or dogs to provide certain information; and provides penalties.A1591

A1593 Prohibits purchase and resale of certain animals for experimentation. A1593

A1603 Revises vicious and potentially dangerous dog law; designated Congo's Law. A1603

A1606 Establishes $1 municipal court surcharge for all violations; creates grant program for animal shelters and pounds funded by surcharge.A1606

A1828 Prohibits sale of any dog by kennel, pet shop or other retail establishment without name, address and phone number of person providing dog thereto; establishes $500 fine for each violation.A1828

A1965 Authorizes civil action for certain damages when a pet animal becomes ill, is injured, or dies from consuming or coming into contact with adulterated pet food. A1965

A2047 Provides immunity from civil liability for persons performing animal rescue and authorizes formation of emergency animal rescue response units. Bi ll View

S363 Prohibits sale of any dog by kennel, pet shop or other retail establishment without name, address and phone number of person providing dog thereto; establishes $500 fine for each violation.S636

S364 Directs DHSS to adopt regulations prohibiting overcrowding of animals in kennels, pet shops and other retail establishments; establishes penalties.S364

S815 Authorizes civil action for certain economic damages against owner or keeper of pet animal that injures or kills another person's pet animal. S815

S835 Establishes animal cruelty offenses pertaining to chaining or other restraint of animals. S835

S971 Increases sterilization and animal control programs; establishes dog license surcharge. S971

NEW MEXICO

Home Page:NM Legislature

HB71 - An Act making an appropriation for animal shelter services in the city of Espanola in Rio Arriba County. HB71

SB221 - An Act making an appropriation for animal shelter services in the city of Espanola in Rio Arriba County. SB221

SB309 - An Act making an appropriation to the Attorney General for an animal cruelty task force. SB309

NEW YORK

Home Page:NY Assembly

A00519Allows the release of any dog or cat to another pound, shelter, society for the prevention of cruelty to animals or duly incorporated humane society in certain cases. A00519

A01677 Requires the micro-chipping of all dogs and cats excluding feral cats and temporarily kept dogs; and creates a state registry to maintain contact information.A01677

A01691/A09345/S06427 Relates to companion animal hoarding.A01691
, A09345 and S06427

A01741/S00865 Authorizes district attorney to petition for posting of security when animal is impounded as result of abuse. A0174
S00865

A01990/S01282 Prohibits the confinement of companion animals in vehicles in extreme temperatures. A01990 and S01282

A02260Relates to regulating boarding kennels for dogs and cats. A02260

A02509 Allows veterinarians to adopt out abandoned animals as long as proper notice is provided to the owner of the animal. A02509

A02517 Relates to attacks on service dogs. A02517

A02610/S03526 Establishes a tort cause of action for the wrongful injury or death of a companion animal. A02610 andS03526

A02611/S01330 Excludes certain animals from the definition of "wildlife" A02611 and S01330

A02657/S01439 Imposes civil liability of owners for persons bitten by the dog of another while in a public place or while lawfully in a private place A02657 and S01439

A04455/S03856 Prohibits insurers from canceling a homeowner’s liability insurance based on the ownership of a specific breed of dog A04455 and S03856

05751 Increases the penalties for attacks by dangerous dogs, raising fines and terms of imprisonment and defining felonies A05751

A06276 Bans dangerous dogs from dwellings where children under 12 years reside; provides penalties including fines/jail time for multiple violations within 5 years A06276

A06553/S02052 Provides that no dog shall be restrained by a tethering device attached to a fixed point or to a running cable trolley system for more than six hours per day A06553 and S02052

A07355 Clarifies that guide dogs, hearing dogs, and service dogs are allowed in public places during their training and socialization process A07355

A07766 Makes it unlawful to conduct excessive breeding of dogs in an uncontrolled manner and location so as to be in a cruel and inhuman manner A07766

A07869/S05377 Adds the raccoon dog to domesticated dogs and cats in banning the use or sale of such animal’s fur or flesh A07969 and S05377

A08032 Relates to animal control and licensing of animals; makes various amendments to dog licensing laws in N.Y. city; repealer A08032

A08502/S05608 Provides that pet dealers or other persons shall not sell dogs purchased or received from a puppy farm A08502 S05608

09439 Makes various provisions relating to cruelty to animals A09439

A09612 Relates to sale of dogs and cats by animal facilities under inhumane conditions A09612

S00723 Provides strict liability for medical costs resulting from a dog bite or bites; exemptions allowed for police work dogs, hearing dogs and service dogs S00723

S05510 Relates to the rights of persons qualified to train dogs to aid and guide persons with a disability S05510

Wheatfield - Niagara County - a mounting campaign to address recent attacks by dogs have raised concerns that tougher restrictions are needed to keep the animals on a tighter leash or even on a leash at all. Dogs that have the reputation of being used as urban fight dogs or tools in the illegal drug trade are the ones that worry parents and dog owners the most. Pit bulls and Rottweilers were the breeds most residents mentioned when interviewed about dog control. No proposals as of yet but some residents are pushing for changes in the animal control ordinance The Town Board has scheduled a public hearing at 7 p.m. Feb. 11 at the community center, where residents can provide input on whether there should be a limit on the number of dogs a resident may own, among other aspects of the town ordinance.

NORTH CAROLINA

Raleigh - New rules approved by the North Carolina Board of Agriculture allow animal shelters to continue using gas chambers for euthanasia, but with some guidelines. The board said Wednesday that the shelters that euthanize with gas must use commercial carbon monoxide and commercially made chambers. Shelters must stop using practices such as connecting a hose to an automobile exhaust pipe. The shelters may continue using lethal injection. The board declined to approve a proposal to outlaw gas chambers at all shelters by Jan. 1, 2012 Approved 01/13/08

Henderson County - Mandatory spay/neuter has been laid to rest! The Commissioners passed the Ordinance and s/n is written only in terms of education, outreach, and assistance. Passed 01/05/08

Orange County - Chapel Hill - Orange County Animal Tethering Committee will be making a recommendation to local leaders in support of the anti-chaining ordinance.

NORTH DAKOTA

Minot - city is working on a new animal ordinance, and it's likely to include a long list of animals that officials don't think belong in the city. The current ordinance bans wolves, wolf hybrids and pit bulls or any dog that "displays the characteristics of the pit bull dog." Dobermans, Rottweilers and blue heelers are not specifically defined as vicious animals.

OHIO

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HB22 - Makes a second offense of animal cruelty a felony and require children younger than 15 who commit cruelty to undergo psychological counseling. HB22

HB418 - Revises the penalties for animal cruelty and allows for the pets of victims of domestic violence and stalking to be included on protection orders. HB418

HB415 - A bill to amend section 959.99 of the Revised Code to increase the penalty for animal fighting, including cockfighting and dog fighting. HB415

HB446 - A bill to amend sections 951.01, 951.10, 951.11, 951.12, 951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 955.05, 955.06, 955.08, 955.10, 955.11, 955.12, 955.14, 955.15, 955.16, 955.17, 955.18, 955.19, 955.20, 955.201, 955.21, 955.22, 955.23, 955.26, 955.261, 955.27, 955.28, 955.29, 955.32, 955.34, 955.35, 955.37, 955.38, 955.42, 955.44, 955.50, 955.51, 955.52, 955.53, 955.99, 957.16, 959.131, 959.99, 1717.02, 1717.05, 1717.06, 1717.08, 1717.09, 1717.14, 3719.01, 4501.21, 4729.01, and 4736.01; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 955.26 (955.40), 955.261 (955.41), 955.34 (955.351), 955.41 (955.43), 955.43 (955.45), 955.44 (955.46), and 957.16 (901.36); to enact new section 955.39 and sections 109.804, 951.20, 951.21, 951.22, 955.014, 955.13, 955.161, 957.01, 957.02, 957.03, 957.04, 957.05, 957.06, and 957.99; and to repeal sections 951.02, 955.202, 955.31, 955.33, 955.39, 955.40, 1717.03, and 1717.04 of the Revised Code to revise the statutes governing animal control. Registration of dogs & kennels, increase minimum annual dog registration, identification of cats and care of feral cats, ferrets, rabies vaccine and quarantine, transfer of dogs, disposition of dogs in shelter. HB446

SB173 - A BILL To amend sections 955.02, 955.10, 955.12, 955.20, 955.26, and 1901.183 and to enact sections 956.01 to 956.19, 956.98, and 956.99 of the Revised Code to establish licensing requirements and standards of care for certain dog breeding kennels and dog intermediaries. SB173

City of Columbus - The City of Columbus prohibits businesses in residential zones and is now investigating those who breed dogs in those areas. People wanting to raise/sell dogs must then be in compliance with not only the county laws, but the city laws, as well, if they choose to undertake a "kennel type business". The story is at 10TV

Clayton - City Council approved an amendment to the ordinance, which requires the owner of a vicious dog to have a licensed veterinarian implant or inject a microchip into the dog instead of having it tattooed. Vicious dogs are described in the Clayton Codified Ordinances (505.14 subsection (a)(4) C, D & E.) as follows: "Pit bull terrier" as used herein includes, but is not limited to, any American Pit Bull Terrier, any Bull Terrier, any Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier as to be identifiable as practically the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier. "American Bulldog" as used herein includes, but is not limited to, any American bulldog or old country bulldog, or any mixed breed of dog which contains, as an element of its breeding, the breed of American bulldog or old country bulldog as to be identifiable as partially of breed of American Bulldog or old country bulldog. "Canary Dog" as used herein includes, but is not limited to, any canary dog or Perro de Presa Canario, or mixed breed of dog which contains, as an element of its breeding, the breed of canary dog Perro de Presa Canario as to be identifiable as partially of the breed canary dog or Perro de Presa Canario. Passed 1/24/08

New Richmond- anti-tethering ordinance, passed a couple of months ago, that bans owners from tethering dogs outside "as a means of confinement to property" is being sent to a committee for possible amendment and a clarification amendment permitting electronic fences.

Warren - New legislation deigned to get pit bulls off the streets of Warren may not be needed, several city officials said Wednesday (01/16). City ordinances already define pit bulls as vicious dogs and require owners to have insurance and register the animals. But not one pit bull has been registered since the law was passed in 2006.

This Legislative Report is continued in a second document. To read from Oklahoma on, please click the link below to Legislative News II 2/08.

Part II of Legislative News for 2/08