Editor's Note
Staying in shape and being active in canine legislation have many similarities. Sometimes it's hard to motivate yourself to get started, each takes time and energy, and both can often leave you plain tired out. But the rewards that come from these activities are incredibly valuable and worthwhile. Without exercise, our health deteriorates. Without constant monitoring and involvement in legislation, our freedom to own and breed our dogs also erodes. At the moment, this lesson is quite obvious to many fanciers in North Carolina who are working around the clock in defense of this freedom.
To the many purebred dog owners who recognize the importance of supporting your club's canine legislation and public education efforts, we thank you. It is your well-organized network that allows us to respond promptly and efficiently to issues impacting the fancy on all levels.
Regards,
Dog Ownership Under Fire: "Guardian" Gaining Ground
In recent years, responsible dog owners across the country have faced an increasing threat to their right to own and breed dogs. The concept of replacing the term animal "owner" with "guardian" in city codes was first introduced in San Francisco several years ago by an extreme animal rights group. Since then, several cities and the state of Rhode Island have passed laws recognizing animal "guardians." With the passage last month of a "guardian" amendment to the municipal code in Woodstock, New York, the threat continues to grow. Proponents state that referring to people as "guardians" will promote kinder treatment to animals and argue that the change does not carry any legal ramifications. We know that's not the case.
The American Kennel Club supports the use of the term "owner" rather than "guardian" when referring to the keeping of dogs. The AKC believes that the term guardian may in fact reduce the legal status and value of dogs as property and thereby restrict the rights of owners, veterinarians, and government agencies to protect and care for dogs. It may also subject them to frivolous and expensive litigation.
More importantly, use of the term "guardian" represents a first step toward eliminating an individual's right to own, breed, sell, and participate in events with dogs. Owners have a legal right and obligation to care for their animals. But they also have a right to protect their dogs--their property--from undue restrictions and seizure. Will the government be able to take your dogs away more easily if you do not own them? As a "guardian," are you allowed to make decisions about veterinary care, spaying and neutering, or breeding? Can a breeder sell an animal he does not technically "own?" All of these questions raise potential concerns for dog owners.
Declassifying dogs as property raises their status in the eyes of the law. Dog lovers may appreciate the increasing stature of their animals, but it is important to look beyond this rhetoric to what the long-term impact of this change in terminology may mean. Many extreme animal rights groups want to raise the status of animals to that of human beings, to convince the courts that animals have rights. Pets may be special members of our families, but they are unable to take responsibility for their actions. Bestowing legal rights on them is the first step in a larger campaign by extreme animal rights groups to end pet ownership and breeding altogether. Owners who want to continue to enjoy the right to keep pets must be aware of this slippery slope.
The term guardian does nothing to promote more responsible treatment of dogs. Only through efforts to educate the public about responsible dog ownership can we ensure that all dogs receive the care, love, and attention they deserve. The AKC's Canine Legislation department makes it a priority to help fanciers and dog clubs oppose the replacement of "owner" with "guardian." For more information, please contact the department (919-816-3720, doglaw@akc.org).
Around the Nation
Legislation That Affects You
ALABAMA - Sen. Penn has introduced S348. The bill requires the sterilization of all animals sold or adopted from public or private animal shelters, rescues and humane societies. S348 also provides a penalty ranging from $50-$200 for failure to comply with the sterilization requirement.
ARIZONA - Rep. McClure's H2310 has passed the House and been sent to the Senate. H2310 amends the definition of vicious animal to include attacks on other animals as well as humans. The bill also gives humane agents the power to seize animals they believe have been neglected or treated cruelly.
CALIFORNIA - A2399, sponsored by Assembly Member Liu, prohibits insurance providers from refusing to issue or renew a homeowner's policy based upon the breed of dog owned by the applicant or insured. A2399 also requires that a discount be granted if the dog has received AKC Canine Good Citizen certification. The bill has been referred to the Assembly Committee on Insurance.
- Officials in Oakland are once again considering an animal limit ordinance. The current proposal limits households to a total of four dogs. The Canine Legislation department sent a letter of opposition to the mayor and city council. For more information, contact Sharon Coleman (sharonacoleman@compuserve.com).
- The Animal Council reports that three proposed animal ordinance amendments from the San Jose Animal Advisory Committee have been sent to the city attorney for review. The proposed amendments include: raising the animal limit to five per household, with a maximum of three dogs; changing references to "owner" to "owner/guardian;" and unspecified changes to the city's vicious dog provisions. The Canine Legislation department will continue to monitor the proposal and urges fanciers to do the same.
- The Santa Monica City Council voted against a proposed change from "owner" to "guardian" in the city's municipal code. The AKC sent a statement of opposition to city officials when the measure was first considered last year.
COLORADO - Rep. Lee's H1261 was reported favorably by the House Committees on Finance and Agriculture, Livestock and Natural Resources. It now moves to the House Committee on Appropriations. H1261 mandates microchipping of dangerous dogs and establishes a dangerous dog registry.
- Rep. Stafford's H1279 was reported favorably with an amendment by the House Committee on Agriculture, Livestock and Natural Resources. As amended, the bill outlines an owner's liability for injury caused by a dog but no longer holds them strictly liable. It also prohibits counties and cities from adopting breed-specific dangerous dog legislation. H1279 was referred to the House for a second reading. The Colorado Federation of Dog Clubs and the AKC support the bill as amended.
CONNECTICUT - The Joint Committee on General Law has reported favorably on H5452, a bill that allows guide or therapy dogs and their owners/trainers access to public transit and accommodations including malls and restaurants. It now moves to the full House for consideration.
- The Joint Committee on Judiciary has introduced two animal-related bills. H5604 concerns the shelter and care of animals. The bill provides that the requirement for proper protection or shelter from the weather should be determined by the characteristics of the individual animal. H5606 provides pet owners with the right to seek civil and punitive damages against any person who has intentionally killed or injured their companion animal. The bill provides exemptions for veterinarians, law or animal control officers, and rescue groups when acting within their prescribed duties. The Connecticut Dog Federation supports both bills.
- The Joint Committee on Public Safety has introduced S62, a bill that provides benefits and protection for canine search and rescue teams. S62 includes a provision that allows state employees who are active members of a volunteer canine search and rescue team to take time off from work to assist with rescues without loss of pay or vacation time.
FLORIDA - The House Committee on Agriculture has reported favorably on Rep. Rich's H211. The bill creates an Animal Friend license plate and creates an Animal Friend Council as a direct-support organization of the Agriculture and Consumer Services Department. The Animal Friend Council will oversee the distribution of funds generated by the sale of the license plate. A companion bill, Sen. Wasserman's S1366, was reported favorably by the Senate Committee on Agriculture.
- Florida's existing "puppy lemon" law defines a pet dealer as anyone who sells or exchanges more than two litters or 20 dogs or cats per year. Rep. Sobels's H1173 expands that law in several ways. Dealers will be required to provide buyers with an "animal purchase disclosure" providing specific details about the animal, its breeder, veterinary history, and whether or not it can be registered. The bill places many other onerous requirements on pet dealers including installation of sprinklers and fire alarms. H1173 further requires dealers to provide registration documents within 120 days of sale. Fines for violations begin at $1000 and prohibition of selling animals for 30 days. The bill was referred to the House Committees on Commerce, Business Regulation and Appropriations. For more information, contact Diane Albers (dja0218@aol.com).
- Sponsored by Rep. Culp, H1637 increases the criminal penalties for acts of animal cruelty. A crime of intentional cruelty resulting in injury or death would be punishable as a second-degree felony and carry a fine of up to $10,000. H1637 has been referred to the House Committees on Public Safety and Crime Prevention, Agriculture and Appropriations. A similar bill, Sen. Sebesta's S2796, has been introduced in the Senate.
- Jacksonville officials are considering a revised animal control ordinance that defines a "pet dealer" as anyone who sells two litters or more per year. The proposed ordinance also includes a strict nuisance barking provisions, where a first violation carries a $250 fine. The Canine Legislation department is working with local fanciers to oppose the measure. For more information contact the Alliance for Responsible Pet Owners of Northeast Florida (dduffey@aol.com).
- On a similar note, Palm Beach County is considering a new animal control ordinance that impacts both breeders and rescue groups. Under the new ordinance, individuals who breed more than two litters per year will be required to obtain a pet dealer permit from the county. Additionally, breeders and rescue groups would be required to obtain an operational permit. A vote is expected in the late spring. The Canine Legislation department is working with local fanciers to oppose the measure. For more information, contact Diane Makinney (DMakinney@aol.com) or Carol Dixon (dixoncrest@earthlink.net).
- Officials on Marion County are considering revisions to the county's animal control code, including provisions for dangerous dog regulation and pet limits. No formal proposal has been drafted to date. The Canine Legislation department sent a letter of concern and model legislation to the county attorney.
HAWAII - Rep. Hamakawa's H2691 has passed the House. H2691 establishes that a crime of aggravated cruelty toward animals is punishable by a Class C felony.
IDAHO - H666 was referred to the House Judiciary, Rules and Administration Committee. The bill expands the definition of a vicious dog to include one that injures or kills any livestock, poultry, domesticated animals or animals kept for commercial purposes, as long as the animals were not trespassing . H666 excludes working dogs and provides that the court may order that a vicious dog be destroyed upon a first violation.
ILLINOIS - S2612, sponsored by Sen. Harmon, establishes the Dog and Cat Overpopulation Control Act, which creates a low-cost spay/neuter program funded by a $2 increase in all dog and cat licenses. The Senate Committee on Agriculture and Conservation recommended S2612 for passage in March. For more information, contact DiAnn Plaza, Illinois Dog Clubs and Breeders Association (lotzadots101@aol.com).
- Sen. Silverstein's S3165 was referred to the Senate Committee on Rules. S3165 amends provisions of the Illinois Human Rights Act, making it a civil rights violation for the owner/agent of any housing accommodation to refuse to sell or rent property to any blind, hearing impaired or physically handicapped person because he or she has a guide, hearing or support dog.
- Officials in Coal City are considering a dangerous dog ordinance that defines "pit bulls" as vicious dogs. The proposal also bans "pit bulls" from the village except those that are licensed and confined by the owner. A vote could come as early as this month. The AKC sent a letter of opposition and materials to the mayor and village council.
INDIANA - Rep. Becker is sponsoring HR27, a resolution establishing an interim study committee relating to the treatment of dogs at dog auctions. HR27 has passed the House. A companion resolution, Sen. Lubber's SR15, establishes a similar interim study committee that would also examine the practice of selling sick or problematic dogs to unknowing buyers. SR15 was referred to the Senate Committee on Rules and Legislative Procedures.
- The City of Hammond is considering a breed-specific ordinance that automatically deems "pit bulls" as dangerous dogs. The AKC sent a letter of opposition and materials to the mayor and city council.
IOWA - H2480 passed the House in March. H2480 provides that it is a misdemeanor to award a pet or advertise that a pet may be awarded as a prize for participating in a game or fair event, or a business promotion. The bill does not apply to sales of pets by licensed pet shops, farms, or outdoor recreation organizations.
MAINE - H1264 was signed by Governor Baldacci on March 5th. The new law requires all humane agents to complete specified training. It also clarifies the definition of "kennel" as five or more dogs or wolf hybrids kept in a single location under one owner for breeding, hunting, show, training, field trials and exhibition purposes. Under the law, the sale or exchange of one litter of puppies within a 12-month period does not constitute the operation of a kennel.
MARYLAND - H1145, sponsored by Rep. McComas, was referred to the House Committee on Judiciary. H1145 establishes that a person who negligently injures or causes the death of a domestic pet is liable to the pet owner for compensatory damages not exceeding $5000. The bill does not limit punitive damages if the pet is intentionally injured or killed.
MASSACHUSETTS - Massachusetts fanciers are concerned by H4537. For more information on this bill, visit the alert posted on AKC Web site.
MISSISSIPPI - Rep. Fleming's H102 and H109 have both died in committee. H102 would have prohibited the debarking or surgical silencing of vicious dogs. H109 would have allowed pet owners to recover up to $5000 in civil damages from any person who intentionally and unlawfully killed their pet.
- Several bills were introduced this session that would have amended the state's animal cruelty statute. Only one--Sen. Gray Tollison's S2703--survived debate by the Judiciary Committee and now moves to the full Senate. Originally, the bill incorporated the term "guardian" in reference to the keeping of animals, but the language was dropped from a committee substitute bill that was passed in March. However, Mississippi fanciers still have several concerns with the bill. While they strongly support the need to strengthen the state's animal cruelty laws, they believe S2703 gives too much authority to untrained animal control and humane society agents with regard to seizure of animals. Additionally, the bill requires anyone charged with animal cruelty to post an expensive bond and pay for the care of his or her animals during what could be a long hearing process. Owners could be financially forced to give up their pets long before a verdict is reached, and there are no means for reimbursement if an owner is found not guilty. Finally, fanciers believe that S2703 should contain an education component that would help negligent owners learn to properly care for their pets. Purebred dog owners are working to bring these concerns to the attention of lawmakers. For more information, contact Tere Woody (4aussie@bellsouth.net).
- Officials in Gulfport are considering an ordinance providing for mandatory spay/neuter and breeder licensing at the request of the local humane society. The Canine Legislation department provided local fanciers with materials and sent a letter of opposition to the mayor and city council. For more information, contact Linda Hoff, Singing River Kennel Club (beaucavs@pobox.com).
MISSOURI - Jefferson County is considering an animal control ordinance that would allow county commissioners to deem certain dog breeds as dangerous. The ordinance also provides for breeder regulation and licensing. The AKC sent a letter of opposition and materials to county commissioners. For more information, contact Sharon Wehlerman (pigsrunfree@charter.net).
NEW HAMPSHIRE - Sen. Roberge's S399 has been recommended by the Senate Committee on Finance. S399 clarifies that standards which apply to pet shops also apply to commercial breeders. It also increases license fees for pet shops and breeders that sell ten or more litters per year.
NEW JERSEY - Asm. Van Drew is sponsoring A2373, a bill that prohibits insurers from denying or terminating homeowners' insurance based on a dog's breed. A2373 was referred to the Assembly Committee on Financial Institutions and Insurance. Asm. Van Drew is also sponsoring A2411, a bill that provides for civil action in cases of cruelty toward companion animals and allows owners to seek damages up to $20,000. The bill was referred to the Assembly Committee on Agriculture and Natural Resources.
- Two animal cruelty bills passed the Senate and were referred to the Assembly Committee on Agriculture and Natural Resources. S84, sponsored by Sen. James, clarifies that cruelty to animals includes the use of an animal to injure another animal. Sen. Lesniak's S191 elevates certain crimes of animal cruelty to crimes of the third degree and increases civil penalties for cruelty offenses.
NEW MEXICO - Albuquerque city councilor Eric Griego is sponsoring a resolution calling for the city to add at least six more dog parks. The Canine Legislation department sent a letter of support and materials to officials and will continue to monitor the city's progress.
- Valencia County is once again considering revisions to its animal control ordinance. Local fanciers are concerned about provisions requiring permits for hobby breeders and differential licensing for intact animals. The ordinance has not yet gone before the county commission. The AKC and local fanciers successfully opposed similar measures in the past. For more information, contact Ron Gustafson, Valencia Valley Kennel Club (ron.gustafson@worldnet.att.net).
NEW YORK - A3822, sponsored by Asm. Mills, would make it illegal keep a dog tied or confined outdoors without providing suitable shelter. A3822 was referred to the Assembly Committee on Agriculture.
- Attention New York dog owners! Asm. Rivera's A10169 removes the state's preemptive clause which prohibits breed-specific legislation. A10169 also requires all owners with dogs over four months old to obtain liability insurance and provides that the state agriculture commissioner may designate certain breeds as dangerous. The bill was referred to the Assembly Committee on Agriculture. The Responsible Dog Owners Association of New York, the Long Island Coalition of Dog Fanciers, and the AKC oppose this bill.
- Asm. Benjamin is sponsoring A10080, a bill that expands the definition of dangerous dog to include those that have been trained to guard, fight or "encouraged to behave aggressively." A10080 was referred to the Assembly Committee on Agriculture.
- Sen. Flannagan is sponsoring two animal cruelty bills. S6290 increases the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a Class E felony, if convicted within five years of a prior conviction. S6292 increases the penalty for torturing, killing or failing to provide sustenance to an animal to a Class A misdemeanor. Both bills have been referred to the Senate Committee on Agriculture. For more information on New York legislation, contact the Responsible Dog Owners Association of New York (lettis@webtv.net) or the Long Island Coalition of Dog Fanciers (sutops@aol.com).
- Before AKC or local fanciers were aware, Woodstock officials approved a measure that adds the term "animal guardian" to the municipal code.
NORTH CAROLINA - Attention North Carolina dog owners and breeders! Last fall, North Carolina House co-speaker Jim Black established the House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals. The committee was charged with studying North Carolina's animal population concerns and recommending reform. Task force subcommittees have now completed their studies and suggestions made in their report indicate that legislation might include the following:
· Mandatory spay/neuter of all companion animals unless one purchases a breeder permit.
· Breeder permit numbers must be displayed and given to buyers.
· Owners of intact animals will face higher fines if their dog is found at large than owners of altered
animals. Impounded animals must be sterilized before they can be reclaimed.
Responding to numerous e-mails and phone calls from fanciers on the issue, members of the House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals invited representatives from the AKC to participate in a work session in Raleigh on March 2nd. The Canine Legislation department previously testified before the committee in opposition to breeding restrictions in December, 2003. The March meeting was productive, and lawmakers now seem committed to addressing the dog fancy's concerns. The first version of the bill will be made available to the public as this newsletter goes to press. We appreciate the fancy's quick mobilization on this issue, and we urge concerned dog owners to remain ready for action. For more information, please visit the AKC's Web site for updates or contact Bob Peters, Confederacy of North Carolina Dog Clubs (bob@bpdsonline.com).
OHIO - Dog owners in Olmsted Falls convinced city officials to amend an animal welfare proposal that could have unfairly punished responsible owners. The proposed ordinance would have required animals be brought indoors when the temperature dropped below 20 degrees. Dog owners were concerned the measure did not take into account that many breeds bred for colder climates are comfortable in cooler temperatures. Lawmakers responded to these concerns and approved an amended ordinance.
OKLAHOMA - Sen. Kerr's S1364 passed the Senate in March and was referred to the House Committee on Criminal Justice. The bill establishes a crime of aggravated cruelty toward animals is punishable as a felony.
- S1402, sponsored by Sen. Robinson, has passed the Senate. The bill prohibits the interference with, harming or killing of service dogs used for the benefit of handicapped persons. A conviction of such a crime would result in up to 1 year in jail and/or a fine of up to $1000.
RHODE ISLAND - Sen. McBurney's S2151 passed the Senate and was referred to the House Committee on Corporations. S2151 authorizes the City of Pawtucket to enforce an ordinance prohibiting future ownership of "pit bulls" and imposes higher-than-average license fees for existing owners.
- Sen. Perry is sponsoring two bills related to animal abuse. S2591 provides penalties for acts of animal abuse, cruelty and neglect. A similar bill, S2593 also allows an owner to seek civil damages up to $10,000 if the pet was killed on the owner's property. Both bills were referred to the Senate Committee on Constitutional and Gaming Issues.
TENNESSEE - H2548, sponsored by Rep. Fowlkes, passed the House in March. H2548 makes it a Class C misdemeanor for a dog owner to repeatedly allow his dog to go upon the property of another after notice has been given. The bill was referred to the Senate Committee on Judiciary.
TEXAS - The City of Boerne has approved an animal control amendment that limits residents to a total of four cats or dogs. Local fanciers and the AKC opposed the measure.
VERMONT - In February, the Senate Agriculture Committee introduced S313, a bill that establishes a cat, dog and wolf-hybrid spay/neuter program. The program will be funded by a mandatory $2 dog license surcharge. S313 was referred to the Senate Committee on Finance.
VIRGINIA - H1007, sponsored by Rep. Rust, is eligible for the governor's desk. H1007 prohibits homeowners insurance discrimination based on a dog's breed. The bill allows insurers, with the policyholder's consent, to exclude injuries from coverage if they were caused by a dangerous animal owned by or in the care of the holder. The Virginia Federation of Dog Clubs and Breeders and the AKC supported this bill.
WASHINGTON - Two dog-related bills have died in committee. H1895, sponsored by Rep. Campbell, would have prohibited homeowners' insurance discrimination based upon a dog's breed. Rep. Kirby's H2043 would have prohibited dogs from being deemed dangerous based solely on breed. Washington fanciers and the AKC lobbied in support of both bills.
- Algona officials are working with responsible dog owners to explore the repeal of a breed-specific dangerous dog ordinance enacted in 1989. The AKC sent a materials and a letter of support to the mayor and the city council, and we urge local fanciers to do the same.
- After successfully defeating a proposed measure targeting "pit bulls," Auburn dog owners are once again facing a breed-specific dangerous dog ordinance. The ordinance defines the following breeds as potentially dangerous: Akita, Bullmastiff, Doberman Pinscher, German Pinscher, Giant Schnauzer, Kuvasz, Mastiff, Rottweiler, Bull Terrier and Staffordshire Bull Terrier. The AKC reiterated its opposition to breed-specific legislation to city officials in March, and we encourage local fanciers to do the same. For more information, contact Julia Jones (petpits@msn.com) or Anita Crotty (AnitaCrotty@hotmail.com).
WISCONSIN - A423, sponsored by Asm. Pettis, has passed the Senate. The bill changes the existing provisions under which a dog owner is liable for two times the amount of damages caused by the dog so that it applies only when a dog bite breaks the skin and causes permanent physical scarring. Additionally, the owner must have known about the dog's vicious predisposition.
The Award Goes to . . .
The AKC's Canine Legislation Department proudly congratulates the Responsible Pet Owners Alliance on their receipt of the 2004 first quarter Community Achievement Award. The Community Achievement Award supports and recognizes outstanding public education and legislation efforts of AKC-affiliated clubs, AKC-recognized federations, and their members.
Based in San Antonio, Texas, the Responsible Pet Owners Alliance (RPOA) provides assistance and information concerning animal welfare, responsible pet ownership and related public health issues.
"We strive to change the attitudes of pet owners, addressing animal problems with a positive message, education, and assistance," said RPOA Board of Directors member Bob Wehner in his nomination. "Responsibly caring for animals involves educating their owners and instilling realistic expectations of companion animal behavior and of the commitments involved in pet ownership."
RPOA keeps members informed of pending animal legislation, animal rights activities, animal and public health issues, and education activities with a quarterly newsletter and email alerts. RPOA administers a rescue, adoption and education program. Additionally, the alliance helps the Canine Legislation department track legislation throughout Texas.
RPOA will receive a certificate of recognition and a $1,000 check to support their public education and canine legislation efforts. We extend our congratulations and gratitude for RPOA's many years of hard work.
Interested in nominating someone for the Community Achievement Award? Contact the Public Education department (919-816-3718, publiced@akc.org).
