Editor's Note
By the time this newsletter reaches you, 38 state legislatures will be adjourned for the year. Still, we must keep a watchful eye on the remainder to ensure that no bills sneak through that would adversely affect the sport and responsible dog owners. So too must we monitor local governments. There seems to be an increased amount of activity and we need to make sure we're getting our messages out to lawmakers. Keep an eye on what's happening in your community and contact AKC right away so that we can help you work with elected officials.
On a happy note, our best wishes go to Canine Legislation department program administrator Stephanie Lane (formerly Pier), who was married on May 24th.
Regards,
AKC Urges Strengthening of USDA's Animal Welfare Enforcement
by Jim Holt, AKC's Federal Government Relations Consultant
The AKC has written to U.S. Secretary of Agriculture Ann Veneman and the Director of the federal Office of Management and Budget (OMB) urging that long-pending regulations affecting the welfare of dogs be finalized and made effective. These changes do not affect hobby breeders, only those commercial breeders already covered by the Animal Welfare Act. Copies of the AKC's letters were also sent to the leadership of the Agriculture Committees of the U.S. Senate and House of Representatives.
The United States Department of Agriculture (USDA) proposed amendments to its Animal Care regulations and published them for public comment in August, 2000, but the proposal has never been made final. The proposed amendments make many technical and some not-so-technical changes in USDA's Animal Care regulations applicable to dog dealers and others required to be federally licensed under the Animal Welfare Act (AWA).
Among the more significant provisions of the regulatory amendments is one that would close a loophole in the small wholesale breeder exemption in the current regulations. This exemption exempts wholesalers from the licensing requirements of the AWA if they maintain a total of three or fewer breeding female dogs and cats and meet other requirements. However, some wholesalers have taken advantage of this exemption by spreading "ownership" of breeding females dogs and cats among various members of the same household, so that no one individual claims ownership of more than three breeding females, even though substantially more than three breeding females may be kept on the premises. The proposed amendment would close this loophole by exempting a person from licensing only if no more than three breeding females are kept on the premises, regardless of ownership. (Again , this change DOES NOT apply to hobby breeders who are exempt under the AWA because they sell directly to the consumer.)
A second important provision of the proposed amendments pertains to denial of a license to operate as a dog dealer to applicants who have violated federal, state, or local laws, regulations regarding animal cruelty or other violations relating to the handling of animals. The current Animal Care regulations give the USDA authority to deny licenses under only certain limited circumstances when individuals have been convicted of violations of animal welfare laws. The proposed amendments would also permit the Department to deny a license to an applicant who has pled nolo contendere (no contest) or has been found to have violated a federal, state, or local law or regulation pertaining to animal cruelty, transportation, ownership, neglect, or welfare of animals, or who would be operating in circumvention of a federal, state or local law, or who has provided false or fraudulent records to a government agency. A related provision would give the USDA explicit authority to deny a license application or renewal during the period when an applicant's license is under suspension. An additional related provision would give the Department authority to terminate a license on the same grounds that an application for a license can be denied. Current regulations do not spell out the acceptable grounds for termination of licenses nor denial of license renewals.
A third important provision of the proposed amendments would prohibit Class B dealers - persons who sell and buy dogs they have not bred and raised - from knowingly obtaining dogs from persons who are required to be licensed and are not licensed, and would require Class B dealers who obtain dogs from persons who are exempt from the licensing requirements of the Animal Care regulations to obtain a certification from that person stating the basis on which they are exempt. The same requirements would be imposed on research facilities. AKC believes these changes will strengthen the ability of the USDA to prevent Class B dealers from knowingly or inadvertently dealing in stolen dogs.
Separately from the above regulations, the USDA has sought for some time to require foreign air carriers who land dogs transported by air into the United States to comply with the USDA's air transport regulations for dogs, i.e. the same regulations applicable to U.S. carriers. The Office of Management and Budget has ruled that the USDA can not require compliance by foreign carriers until a notice that the USDA intends to enforce compliance is published in the Federal Register. However, the OMB must also approve all notices published in the Federal Register, and has so far failed to approve publication of the USDA's notice to foreign carriers.
In the last several years there appears to have been a significant increase in the air shipment into the United States of puppies whelped in foreign countries. Purebred dog fanciers have reported numerous instances in which puppies have been shipped into the United States by air at under the required age of 8 weeks, in poor health, in unsuitable containers and in violation of other federal requirements for air transport of dogs. Not only is this inhumane and a potential animal and human health hazard, but these puppies are then being sold to unsuspecting United States citizens who are burdened with the ongoing costs and disappointments that these problems engender. The AKC has told the OMB that there is no reasonable excuse for not requiring foreign carriers operating in the United States to comply with the same regulations domestic carriers must comply with.
The AKC intends to follow up its letters with meetings with officials of the USDA and the OMB if the agencies do not act promptly.
Around the Nation
Legislation That Affects You
ALASKA - The Anchorage Assembly unanimously approved stronger animal cruelty legislation in May. The law clarifies several definitions but also strengthens the penalties for animal abuse. In addition to jail time and fines, violators can now have their pet-owning privileges revoked and be required to undergo counseling.
CALIFORNIA - Limit law woes continue to plague Kern County. Fanciers may recall that in January, a limit law was passed for part of the county--specifically, the unincorporated parts of Bakersfield. (A three-dog limit has been in place in Bakersfield proper for several years.) How much property one owned determined how many dogs a resident could keep. Shortly thereafter, one Kern County supervisor proposed a limit law for his district only. The Planning Commission found this to be illegal and sent the proposal back for revision. Local fanciers now report that the Environmental Services department is forming a committee to draft legislation that will impact the entire county. Dog owners have been promised representation on the committee and are closely monitoring the situation.
- In June, the San Mateo County Board of Supervisors approved several increases in animal fees. They include a $9 increase in licensing fees for unaltered animals, while fees for altered animals will rise only $1. Dog owners will also have to pay more to reclaim impounded dogs, and again increases are substantially higher for intact animals. Fanciers will see breeding permits rise from $25 to $50, and fancier's permits will increase from $10 to $50. Owners of dangerous dogs will now have to pay $200, up from $100, to register their animals.
- With a pet "guardian" ordinance already in place, the City of West Hollywood has become the first city in the US to ban declawing of cats. The city council already stated its intent to take up the issue of tail docking and ear cropping for dogs next year. Local fanciers are encouraged to monitor the situation closely.
FLORIDA - Pasco County residents are currently limited to no more than nine adult dogs and cats per household. However, a new proposal could lower that number to three or five pets, depending on the size of the property. The AKC sent a statement of opposition to county commissioners.
- Hillsborough County officials approved stringent revisions to their dangerous dog law in June. Under the new ordinance, a dog can be deemed "aggressive" if it bites or attacks a person just once. Owners will be fined $450 and could face criminal and civil charges if the dog attacks again. Successive fines may be reduced if the dog is put through obedience school. The new law also increases license fees for intact animals from $20 to $30. The additional money will fund a new education program designed to teach people how to avoid dog bites. Owners of dangerous dogs will now be required to pay an annual $500 registration fee and muzzle their dogs whenever in public. They will also have to notify their neighbors they own a dangerous dog, and will have their animals placed on a dangerous dog Web site for review by the public.
ILLINOIS - The amended version of H184 has now passed both the House and Senate. H184 establishes definitions for "dangerous" and "vicious" dogs, requirements for keeping them, and penalties for violations. The bill also requires all dogs to be vaccinated against rabies and allows counties to decide if microchipping should be mandatory for all dogs. Finally, H184 requires municipalities to establish animal licensing and litter fees.
- A dog attack on a local boy has prompted Rockford city officials to consider strengthening their dangerous dog ordinance. Some residents called for banning certain breeds. However, the mayor indicated in a letter received by the Canine Legislation department that breed-specific legislation was not his intent. The AKC provided city officials with information packets containing model dangerous dog laws.
- In light of recent dog attacks in the Chicago area, the Cicero Town Board has expanded its definition of vicious and dangerous dogs to include any animal that is part "pit bull." Dogs can also be declared dangerous if they severely injure a person or kill a domestic animal off of their own property. Such dogs will be banned from the city, as pit bulls have been for the last 16 years, and there is no grandfather clause. Fines begin at $50 and climb $25 for each consecutive day.
- Local residents report that one irresponsible owner's actions have caused the City of Winchester to consider banning "pit bulls." No further information is available as this newsletter goes to press; however, the AKC sent a statement of opposition and information packets to the mayor and city council members.
INDIANA - Field trialers and hunt test enthusiasts in Indiana who have been frustrated by their state's recent restrictions on performance events had an opportunity to share their thoughts with state officials in June. The Indiana Department of Natural Resources Division of Fish and Wildlife hosted a series of open houses around the state June 3-11th. Fish and Wildlife asked people to contribute ideas for revisions to Indiana's rules governing hunting, fishing, trapping, and wildlife. Field trialers were also able to submit comments to Fish and Wildlife by mail or online.
- Before the AKC or fanciers were aware, the Fort Wayne City Council approved an ordinance raising the intact dog licensing fee to $100. The measure also limits residents to no more than five dogs and stipulates that only one pet be able to reproduce. In a statement to the mayor, the Canine Legislation department urged that the ordinance be reconsidered.
IOWA - The Muscatine City Council is considering an ordinance that would ban all new "pit bull terriers" from entering the city. Current owners will be permitted to keep their dogs only if they obtain and provide proof of $50,000 in liability insurance. The AKC opposed the measure in a statement to the city council and provided them with information packets on reasonable dangerous dog legislation.
LOUISIANA - H106 passed the House and was reported favorably by the Senate Committee on Agriculture. The bill authorizes law enforcement and animal control officers to seize dogs that kill or seriously injure a person.
- Good news for field trialers! H1273, which would have required nonresidents participating in field trials to obtain a hunting license, was completely amended and enrolled in June. The bill now allows nonresidents to participate without a license as long as the sponsoring organization notifies the Department of Wildlife and Fisheries five days in advance of the event.
- A District Court judge in Louisiana has ruled that the City of Kenner's limit law is unconstitutional. Judge Alan Green declared the law to be in violation of residents' property rights, further stating that the four-pet limit was arbitrary and in no way related to public safety. The city plans to appeal, but the decision provides strong support for other dog owners facing similar limit laws across the country.
MINNESOTA - St. Paul dog owners will face steep fines if they repeatedly allow their dogs to run loose. Owners of unaltered dogs will pay an even higher price, with fines beginning over $200 to claim an impounded animal that has been caught running at large just once. Owners whose dogs are impounded four times will be forced to relinquish their animal unless they file an appeal. Many local animal organizations fear the exorbitant fines will ultimately result in more dogs being euthanized.
MISSOURI - Eureka City officials have rejected a proposal to ban "pit bulls" from the city. Instead, the Canine Legislation department and local fanciers were able to convince the Board of Aldermen to enact a stronger dangerous dog ordinance.
- Washington residents have alerted AKC to a possible "pit bull" ban that includes a grandfather clause. Fanciers put one city councilwoman and the mayor in touch with the Canine Legislation department, and positive discussions were held with both regarding reasonable dangerous dog laws. Materials and a statement outlining the problems with breed-specific legislation were sent to city officials in late May.
NEW JERSEY - Sen. Suliga's S2548 was introduced in May and referred to the Senate Committee on Community and Urban Affairs. The bill would allow pets in apartments and condominiums. Landlords would be no longer be able to prohibit pets, although they would be allowed to remove them if owners do not properly care, control or confine their animals. The bill expands the scope of an existing law that protects senior citizens' rights to keep pets in senior housing.
- The Manalapan Township is considering an ordinance prohibiting the use of electronic fences as a means of confining pets. Under the ordinance, owners would not be permitted to let their dog run unsupervised off-leash on their own property unless a physical fence, enclosure or leash is provided. The proposal also gives animal control authorities excessive authority to deal with "menacing" dogs. Owners of dogs deemed as such will be required to keep the animal in a secure enclosure, muzzle and restrain the dog when outside the enclosure, and purchase $100,000 liability insurance. In June, the AKC sent a statement to the mayor and township council stating its concerns for the overly restrictive ordinance.
NEW MEXICO - The City of Santa Fe is considering an ordinance requiring mandatory spay/neuter of all animals unless the owner purchases a breeder's license. Pet licensing fees will also increase. The proposal is scheduled to be heard by the Public Works Committee as this newsletter goes to press and will likely be heard by the entire council in September. The Canine Legislation department is working with local fanciers on the issue but more help is needed to oppose this restrictive legislation!
NEW YORK - A3060, which prohibits insurance companies from discriminating against homeowners based on their breed of dog, was amended slightly in the Assembly Committee on Insurance. The bill not only prohibits agencies from canceling dog-owning customers based on breed, but also stipulates that rates charged must be fair. A3060 does allow insurance companies to refuse coverage or charge higher premiums if a dog has been deemed dangerous under New York's dangerous dog law.
- A8063 was referred to the Assembly Committee on Codes. The bill creates a dangerous dog registry for the state and imposes a $25 registration fee. A8063 also establishes a five-member dangerous dog advisory board. The Assembly Speaker will appoint two members of the board, as will the Senate Majority Leader. The Board must include one veterinarian, one certified animal trainer, one member of a humane society, and one member of the public.
- Sen. Kuhl's S2996 was approved by the Senate Committee on Consumer Protection. The bill addresses ecological and agro-terrorism by making it unlawful to tamper with "animal activities" including medical and biological research, hunting, agriculture, and entertainment events. Sponsored by the US Sportsmen's Alliance, the bill also imposes penalties for violators.
- Orchard Park fanciers quickly mobilized in May to oppose an ordinance that would limit them to three pets per household. At a public hearing, residents were able to convince city officials that there are many responsible breeders and owners in the area who would be unfairly punished by the law. A task force has been established to explore the issue further, and a local fancier will participate. The Canine Legislation department provided dog owners with talking points and materials, including model legislation and copies of court cases where limit laws have been found unconstitutional. AKC will continue to support fanciers' efforts in coming weeks.
- In June 2002, a Yonkers dog owner filed a lawsuit challenging the city's breed-specific law, which required owners of "pit bulls" and other dogs to muzzle their pet sin public and obtain liability insurance. The lawsuit was dismissed, but that dismissal was overturned this June by the state Supreme Court's Appellate Division. The Court further issued an order prohibiting the city from enforcing the law in the future. Congratulations to the many organizations and dog lovers who have fought the breed-specific issue in Yonkers and helped make this victory possible!
- Park officials in Monroe County have proposed legislation to establish four dog parks in the area. The Canine Legislation department sent a statement supporting the move in June.
OHIO - H195, creating a puppy lemon law, was introduced in late May and referred to the House Committee on Commerce and Labor. The bill entitles puppy purchasers to certain remedies if their dog is found to have, or dies from, a congenital defect or hereditary disorder. It also applies to dogs discovered to be of a different pedigree or registration status than was advertised. H195 applies to those who sell dogs under the age of fifteen months to the public, pet stores or kennels.
Ohio Valley Dog Owners (OVDO) and the AKC have worked closely with legislators to help ensure that this is a balanced bill. In particular, they were able to have certain protections added for puppy sellers. Norma Bennett Woolf of OVDO notes they would still like to see the following changes incorporated:
Require shelters to comply with the law.
Eliminate thyroid from the list of genetic/congenital problems that a breeder can be held accountable for, as it can be inherited.
Clarify whether the 15-month period refers to the dog's age or the length of ownership.
Include a disclaimer absolving sellers if buyers are told in advance that no genetic testing has been done and no history is available.
OVDO is working with the author of H195 to incorporate these changes.
- A Cincinnati city councilman is considering revisiting a ban on "pit bulls." Local fanciers defeated a similar measure several years ago and are opposing this new push for breed-specific legislation. A public hearing to discuss the issue is scheduled as this newsletter goes to press. For more information, contact Melanie Tierney of Canine Friends of Cleveland (aegis66@earthlink.net.)
- Pickaway County's dog warden is pressuring the county's commissioners to enact a "pit bull" ban. The Canine Legislation department sent model dangerous dog legislation and a statement opposing breed-specific laws to the commissioners in June.
PENNSYLVANIA - In light of recent problems regarding loose "pit bulls," the Bethlehem City Council is taking a closer look at its dangerous dog ordinance. The city's mayor has stated that a first response will be to increase enforcement of current animal control laws. Local Legislative Liaisons have already been in touch with city officials to express their support for reasonable dangerous dog laws that do not discriminate by breed. The Canine Legislation department provided them with information packets to support these efforts. Residents are encouraged to monitor this situation closely.
TENNESSEE - Nashville fanciers continue to oppose a differential licensing ordinance that would increase fees for unaltered dogs to $20 per animal. Members of the Nashville and Tri-Star Kennel Clubs have contacted their city council members, written letters to the editor, and even placed an ad in the local newspaper to educate the public about the proposed "dog tax." Fanciers are also working with veterinarians, who share dog owners' opposition to the measure. The Canine Legislation department is providing on-going support for their efforts.
VERMONT - S100 was sent to Conference Committee after the Senate refused to concur with House amendments. The Senate version of the bill, which amends the state's animal cruelty law, stipulates that a person could be convicted of aggravated cruelty to animals if he or she "intentionally, maliciously, and without just cause tortures, mutilates, maims or cruelly beats" an animal. It also included intentional poisoning of animals in the definition of aggravated cruelty, but a House amendment removed that clause. AKC was concerned that the bill language could apply to those who remove dewclaws, or who crop or dock their dogs. AKC and the Vermont Federation of Dog Clubs are working to improve the vague language of the bill.
WASHINGTON - In June, the Seattle City Council approved several amendments to its dangerous dog ordinance. The proposed revisions to the ordinance clarify the definitions of potentially dangerous and dangerous dogs, as well as provide for a means of appeal. The amendments also allow owners to seek rehabilitative training for dangerous dogs, with a possibility to declassify them as dangerous. Other positive changes include prohibiting passage of breed-specific measures and forbidding anonymous complaints with regard to dangerous dogs. Fanciers unsuccessfully opposed a last-minute amendment that prohibited dog owners from arguing their dog was provoked if the victim was less than six years old.
Enacted two years ago with little public input, the original ordinance outraged fanciers who felt the code contained vague definitions of "potentially dangerous" and "dangerous" dogs that were open to interpretation and in some cases left no room for appeal. Concerned fanciers mounted a strong opposition campaign and gained the ear of one city council member who appointed a task force to study the issue. The recently approved amendments, outside of the one noted above, were put forth by that group after eighteen months of hard work. AKC has lent its support for those changes in the form of a letter to the mayor and city council.
- In May, the Spokane City Council unanimously approved an ordinance banning animals from large public events downtown. Violators will face a $50 fine, although service animals are exempt.
WISCONSIN - The state is facing huge obstacles when it comes to the enforcement of its new breeder licensing law, which is supposed to take effect next February. The law mandates that breeders, dealers, kennels and shelter that sell or transfer 25 or more dogs or cats must be licensed and inspected by the state agriculture department. However, former Governor Scott McCallum vetoed the measure's funding, and the state has no way to finance the law's implementation. As a result, the Joint Finance Committee recently approved a budget amendment applying the measure only to breeders selling 50 or more dogs and cats per year. Inspections will be discretionary. The committee did not allocate any funds to enforce even this part of the original law.
- Residents for Off-Leash Milwaukee Parks (ROMP) is working with area parks department officials to establish a dog park. The Canine Legislation department supported their efforts in a letter to the Milwaukee County Parks Director.
WYOMING - In June, the Wyoming Supreme Court reversed a 1989 lower-court ruling relating to dog bites. The Supreme Court ruled that dog bite victims can sue for negligence regardless of whether the owner knew the dog had vicious tendencies. Previously, a dog bite victim had to prove that an owner knew the dog was dangerous in order to claim damages.
And the Award Goes to . . . .
The AKC's Canine Legislation department proudly congratulates Norman Wilson of the Rio Grande Kennel Club and the Maryland Dog Federation on their receipt of the 2003 second quarter Community Achievement Award. New Mexico residents will recognize Wilson as a long-time activist for the state's dog community. A member of several local clubs and the Legislative Liaison for the Keeshond Club of America, Wilson was most recently involved in the defeat of a proposed "hoarding bill" that set arbitrary limits on dog ownership in an attempt to end animal collecting. Wilson monitored the bill's movement tirelessly, attended countless legislative hearings, and kept the fancy informed. Without his effort to educate legislators, the bill likely would have passed, and many responsible breeders would have been forced to part with their dogs. Wilson's work to protect the rights of dog owners on the state level, as well as on many municipal initiatives, has earned him the respect of many New Mexico fanciers. "Norm has served for more years than I can remember in various capacities within the dog community, going to meetings, tangling with politicians, informing dog owners all over the state about pending legislation, driving miles to rescue an endangered Keeshond," said Maggie Amacker in her nomination of Wilson. "He never misses a beat."
Despite being a young organization, the Maryland Dog Federation already has several successes under its belt. In the past two years, the group helped stop a proposed breed ban in Baltimore, as well as mandatory spay/neuter and mandatory microchip ordinances in the city. On the state level, they worked to defeat a bill that would have restricted owners' rights to debark their dogs. The federation is currently working with legislators to enact a law that would prohibit breed-specific legislation. Until then, they will serve as a resource for fanciers looking to repeal existing breed bans, such as the one in Prince George's County.
Beyond focusing on specific bills and ordinances, the Maryland Dog Federation has a larger purpose--to educate legislators about the sport of purebred dogs and the right to keep and enjoy these wonderful companions. "Lawmakers can't possibly know what is important to us and can't possibly know what we want if we are not there to tell them," said Maryland Dog Federation President Adrianne Lefkowitz in her nomination of the federation. "We want lawmakers to know that we are the experts when it comes to dog ownership. We know what effective dog law is and that they should consult with us before writing or considering legislation."
Arnold Woolf, an AKC judge for more than 40 years and a member of the Collie Club of Maine, was also honored for his public education and legislation efforts. Woolf was active in opposing the Puppy Protection Act in 2002 and over the years has given countless presentations on purebred dogs to fanciers, judges, school groups and senior citizens.
Each honoree receives a certificate and a $1,000 check payable to the club or federation for their public education and canine legislation efforts. We extend our congratulations and thanks for their many years of hard work.
Interested in nominating someone for the Community Achievement Award? Contact the Public Education department by phone (919-816-3718) or publiced@akc.org.
