State Issues: News from the State Capitols
Here are some highlights of state-level issues AKC GR is currently tracking. Visit the 2020 Legislation Tracking page and click on your state to get the latest updates on state bills monitored by the AKC.
Alabama – HB 209 seeks to authorize food service establishments to allow pet dogs in outdoor restaurant seating areas if the company wishes to do so. It requires that the dog be leashed or in a pet carrier and under control, and sets out access, sanitation, and other requirements. Read AKC’s alert in support of this bill.
Alabama – SB 67 seeks to prohibit leaving a pet in a motor vehicle unattended in a manner that creates unreasonable risk of harm to the animal, sets out processes for notifying a public safety official and for removing and securing the animal, provides criminal immunity for a person who removes an animal, and provides immunity from criminal and civil liability to the owner should the dog removed from a vehicle bite or injure a person during the course of the rescue effort. SB 67 advanced in the Senate Judiciary Committee.
Alabama – SB 196 would bring animal enterprises and working animals under the jurisdiction of the state Department of Agriculture and Industries. It would provide specific protections for the use of working animals in commerce, service, therapy, farming, law enforcement, search and rescue, competitive sports, and other uses. It would establish authority and procedures for the investigation of animal cruelty and set out specific criteria for the impoundment of animals when cruelty is alleged. It would also provide a mechanism for the department and animal control agencies to address factually unfounded complaints by making it an offense to submit a frivolous animal cruelty complaint against an animal enterprise. SB 196 was reported favorably by the Senate Agriculture, Conservation and Forestry Committee. AKC will recommend certain amendments if this bill advance. Read the alert.
California – AB 2117 is 2020 legislation that further restricts the sale of animals in retail pet stores. In 2017, California passed AB 485 into law, restricting retail pet stores from selling any dog, cat or rabbit unless that animal came from a municipal shelter, a rescue organization, a humane society or a society for the prevention of cruelty to animals. That bill’s sponsor, Rep Patrick O’Donnell, has introduced AB 2117 this session. This bill will further restrict the sources from which retail pet stores can obtain animals only to municipal and county animal shelters. GR contacted Assemblyman O’Donnell’s office regarding the bill. Apparently, the Assemblyman has become aware that rescues, humane organizations, and societies for cruelty prevention are getting around the original bill’s intent and supplying puppy mills dogs. This bill is directed at those organizations that are getting around the intent of the bill. The bill has been referred to committee, but no hearing has been set.
California – AB 2152 will prohibit a retail pet store from selling a dog, cat or rabbit that is obtained from a legal source if the pet store has an economic stake in the animal’s sale. This bill will allow adoptable animals to be showcased in the retail establishment so long as it does not stand to profit. This bill conflicts with AB 2117. The bill has been referred to committee, but no hearing has been set.
California – AB 2059 is labeled “Protection from Unnecessary Testing Act” and will prohibit animal testing, except under certain conditions. Conducting testing outside the limitations of this bill would become a criminal act.
Colorado – HB 20-1084 would have limited dog ownership and ban pet stores from selling animals that are not sourced from shelters and rescues. It also contained many false statements and negative generalizations about breeders. Thanks to a multi-faceted collaboration between AKC, local pet stores, breeders, veterinarians, and the state federation, the bill was defeated in committee on February 4. It is unclear how this will impact other pending bills impacting breeders in Colorado, and AKC continues to monitor the situation closely.
Colorado – Senate Bill 20-78 would allow restaurants to allow well-behaved, leashed dogs in their outdoor dining areas, so long as certain criteria are met. AKC and its Colorado federation are supporting this bill, which passed the Senate Business, Labor, and Technology Committee on February 10 and was considered by the House Business Affairs and Labor Committee on March 4.
Colorado – Senate Bill 20-104 would expand the powers of the state’s Bureau of Animal Protection agents. This includes granting agents who have completed training the power to conduct investigations. Concerns among others that have been raised include who may be appointed as agents and therefore be given these expanded powers. The bill passed the Senate Local Government Committee and is pending in the Appropriations Committee. AKC GR and the Colorado Federation of Dog Clubs continue to work to address concerns with this bill. Read more.
Connecticut – AKC GR has learned that the State Department of Agriculture has compiled draft regulations overseeing the animal importers and shelters. The proposal is awaiting the scheduling of a public hearing by the Secretary of state’s office. AKC GR is reviewing the proposal and will be providing its analysis so comments may be submitted before the April 21, 2020 deadline.
Connecticut – The work group around service animals, including AKC GR, met for the last time in December. Representative Abercrombie will be compiling input and submitting draft legislation to align state law with the federal Americans with Disabilities Act. Representative Mushinsky has expressed interest in working with AKC and other stakeholders on creating a state tag verification of certified therapy dogs.
Florida – HB 241 / SB 1082 would authorize a court issuing a domestic violence injunction to award to the petitioner the exclusive care, possession, or control of an animal, except an animal owned primarily for a bona fide agricultural purpose; order the respondent to have no contact with the animal; and enjoin the respondent from taking, transferring, harming, or disposing of the animal. AKC GR is monitoring this bill. Read the alert.
Florida – HB 363 / SB 186 would provide that certain contracts for the sale or lease of a pet are unenforceable. AKC supports a ban on predatory pet leasing schemes that victimize potential owners, and has recommended amendments to exempt the type of lease used by responsible breeders to preserve specific bloodlines and maintain genetic diversity. SB 186 was favorably amended, and AKC continues to request a specific exemption. SB 186 was favorably amended, and AKC continues to request a specific exemption. SB 186 will next be heard by the Senate Banking and Insurance Committee.
Florida – HB 1237 and similar bill SB 1698, among other provisions, would require Florida pet stores to be licensed by the state Department of Business and Professional Regulation; set out requirements for where pet stores may source dogs and cats; provide for enhanced conditions and veterinary care for dogs and cats in pet stores, and replace the current patchwork of local requirements for pet stores. As originally filed, this bill contained unacceptable definitions of breeders and other problematic provisions. AKC GR worked with stakeholders to address these concerns. An amendment to the bill that addresses these concerns is pending. SB 1698 is on the agenda of the Senate Committee on Innovation, Industry, and Technology. Read the alert.
Florida – SB 48 would subject a veterinarian to disciplinary action by the Florida Board of Veterinary Medicine for declawing a cat when it is not necessary for therapeutic purposes. AKC GR is monitoring this bill. Read the alert.
Florida – SB 186 provides that certain contracts for the sale or lease of a pet are prohibited. AKC recommended amendments to the bill to protect the type of lease that is used by responsible breeders to preserve specific bloodlines and maintain genetic diversity. A committee substitute bill that does not fully address AKC’s concerns is under consideration in Senate committees.
Florida – SB 522, as currently amended, provides that a person who leaves a dog outside tethered and unattended during a natural disaster commits animal cruelty. “Natural disaster” means that a hurricane, tropical storm, or tornado warning has been issued by the National Weather Service for a municipality or county, or the municipality or county is under a mandatory or voluntary evacuation order. The amended bill is pending in the committee. AKC GR has recommended additional amendments. Read the most recent alert.
Florida – HB 685 and similar SB 980, among positive provisions, would require certain animal shelters, humane organizations, or animal control agencies that take receivership of any lost, stray, unwanted, or homeless dogs or cats, to adopt written policies and procedures to achieve specified goals and conform to certain operational standards. SB 980 has passed in the Senate Agriculture Committee and will next be considered by the Senate Committee on Innovation, Industry, and Technology. Read the alert.
Florida – SB 1044 was amended to provide that a treatment provider, which would include animal care facilities, animal hospitals, private veterinary practices, animal shelters, and veterinary schools, are exempt from liability for any decisions made in good faith to report suspected cruelty or to cooperate with any related investigation of cruelty to animals. SB 1044 has passed in Senate committees.
Florida – SB 1048 would allow courts to appoint an animal advocate to pursue the “interests of an animal” in certain court proceedings; grant powers to such individuals; and require the Animal Law Section of the Florida Bar to maintain a list of attorneys and certified legal interns who are eligible to be appointed for such purposes. SB 1048 passed in the Senate Agriculture Committee and will next be heard in the Senate Judiciary Committee.
Hawaii – HB 2163, introduced by Representative Roy Mitsuo Takumi, seeks to limit the practices of surgical births, debarking, tail docking, and ear cropping by prohibiting an animal’s owner, and the owner’s employees, from performing these procedures. This bill was removed from the February 5 agenda and AKC Government Relations will update when developments warrant.
Hawaii – SB 677 would prohibit the humane tethering of dogs if dog under the age of six months and without supervision by its owner or an agent of its owner. The bill would also prohibit tethering a dog restrained by means of a choke collar, pinch collar, or prong collar without supervision by its owner or an agent of its owner. Concerned Hawaii dog owners are encouraged to contact the bill’s sponsor, Senator Les S. Ihara Jr., and members of the Senate Committee on Judiciary, and their elected Senators in Honolulu to comment on this bill.
Indiana – Senate Bill 185 would create a consumer protection law for those who sell dogs in the state. As amended by the Senate, this would include breeders and rescue organizations. AKC and its state federation are supporting this bill, and also asking for a clarifying amendment regarding what vaccinations are required to be administered prior to sale. The bill was considered in the House Agriculture and Rural Development Committee on February 25.
Kentucky – SB 21 as amended in the Senate, would provide that a veterinarian may report suspected animal abuse to law enforcement, and provides immunity for liability arising from a report made in good faith.
Kentucky – SB 175, a positive bill that would guarantee the right to utilize working animals for the mutual benefit and welfare of the animals and those they serve, has been assigned to the Senate Agriculture Committee.
Maine – LD 1311 prohibits pet stores from selling dogs and cats and defines “animal rescue organization” as an entity with no affiliation to “breeders”. AKC GR expressed multiple concerns and an initial committee vote resulted in an “ought not to pass”. To neutralize opposition, proponents amended the bill to eliminate the “anti-breeder” language. Later, the bill was amended again to grandfather current pet stores in allowing them to sell dogs and cats but, prohibit future pet stores from selling dogs or cats. The bill was quickly adopted and sent to the Governor who held the bill along with 37 others for a final decision on January 11, 2020. AKC GR issued an alert in December noting the re-introduction of “anti-breeder” text in the proposed “animal rescue entity” definition and requesting the Governor return the bill to committee for reconsideration. The bill became law without the Governor’s signature and approval in January.
Maine – LD 1442 would authorize courts to appoint a volunteer lawyer or law student as an advocate in the interests of justice for any animal subject to cruelty. AKC GR and the Maine Federation submitted testimony noting that the bill raises many constitutional and procedural issues as drafted. Due to a highly publicized animal cruelty case and despite the Judiciary committee issuing a Divided Report on the bill and The Federation and AKC GR meeting in the Sen. President’s office to express concerns, the bill has been sent to the Governor for approval. AKC GR has sent a letter to the Governor expressing concerns about this policy change. The bill became law without the Governor’s signature and approval in January.
Maryland – HB 406 and SB 627 seek to add a definition of “Extreme Weather Conditions”, meaning temperatures below 32 degrees Fahrenheit or above 90 degrees Fahrenheit, or during an active weather warning issued by the National Weather Service. Under such conditions, the bill bans tethering for more than 30 minutes without access to “suitable shelter” which is further defined in the bill. The sponsor of HB 406 has offered AKC GR an opportunity to provide comments on the bill and we are working with her on amendments. It is scheduled for a hearing in the Environment and Transportation Committee on February 26. SB 627 is scheduled for a hearing in the Judicial Proceedings Committee on March 10.
Maryland – Senate Bill 127 would allow citizens to remove dogs or cats from vehicles if they believe the health or safety of the animal is in imminent danger. The person must contact 9-1-1, the fire department, or law enforcement first, leave their contact information and remain with the animal until first responders arrive. AKC is reviewing the measure and may recommend amendments. The bill was given an unfavorable report by the Judiciary Proceedings Committee on January 21.
Massachusetts – 2018 passage of SB 2646, PAWS II, established a special commission to study and report on the feasibility and cost of mandating that employees and contractors of the Department of Children and Families, employees and contractors of the Department of Elder Affairs and investigators for the Disabled Persons Protection Commission report known or suspected animal cruelty, abuse and neglect. As a result of significant input, the final report with possible legislative recommendations has been delayed until spring of 2020.
Massachusetts – Multiple animal bills have been heard by three joint committees in 2019. AKC GR has issued alerts and testified, as appropriate. 2020 is the second year of the formal legislative session and in early February joint committees sent the majority of problematic animal bills to study order, including SB 118 requiring licensure of dog trainers.
Massachusetts – The two pet retail ban bills HB 800 and SB 175 were re-drafted by the Joint Committee on Consumer Protection and Professional Licensure. The re-draft does not ban pet stores from selling dogs or cats. Instead, it establishes health certificate requirements and standards for all animal transfers whether made by a pet store, animal shelter, rescue or breeder. AKC GR is currently analyzing the new text which does not yet have a bill number. Proponents of pet store bans have since moved successfully in Pittsfield, MA to adopt a municipal ordinance while expressing frustration with the state’s Legislature.
Massachusetts – The Joint Committee on Public Safety and Homeland Security made minor changes to Nero’s bill before favorably releasing HB 4230 and SB 2423 in December. The measure would allow EMTs to treat and transport law enforcement K9s injured in the line of duty. Grassroots support from the Massachusetts dog clubs has been significant. AKC GR is now working with bill sponsors, Rep. Crocker and Sen. Montigny to estimate the cost of EMT training with the Joint Health Care Finance and Senate Ways and Means Committees.
Michigan – House Bill 4035 would prohibit municipalities from enacting breed-specific laws. Municipalities would still be permitted to enact other policies and regulations on dog owners, so long as these laws do not target specific breeds. This bill was heard in the House Local Government and Municipal Finance Committee on February 19 and had significant support from the AKC and clubs. Read more
Missouri – HB 2241 and HB 2244 would prohibit any county or municipality (including those under home rule) from controlling or regulating specific breeds of dogs. It would also make any existing breed-specific law in the state null and void. Counties and municipalities may regulate dogs, including at-large and vicious dogs, so long as the laws are not breed-specific. These bills, supported by AKC GR and its Missouri federation, and are pending consideration by the full House. Read more.
Missouri – House Bill 2111 would make several positive changes to protect the rights of dog owners whose animals are seized on suspicion of cruelty or neglect. The purpose of the bill is to ensure that the accused are innocent until proven guilty, and to protect their dogs that are seized and held during a trial. The bill would also hold the organization holding the animals accountable for neglect that occurs under their care. AKC and its Missouri federation are supporting this bill, which passed the House Agriculture Policy Committee on February 19 and is pending in the full house Read more.
New Jersey – Assembly Bill 781 would establish a process for recovering the cost of caring for domestic companion animals involved in animal cruelty investigations. Per AKC’s request, the bill has been amended to ensure that courts consider the ability of the defendant to pay ongoing boarding fees before ownership rights are forfeit. The bill is pending in the Senate Environment and Energy Committee. The current New Jersey legislative session is expected to adjourn on January 14, 2020.
New Jersey – Senate Bill 3322 seeks to appoint animal advocates in court proceedings. The AKC is concerned that the creation of court-appointed animal advocates as provided in S.3322 will result in legal and pragmatic issues regarding who is responsible for an animal and may ultimately impact the ability and rights of pet owners to freely choose the most appropriate course of care and treatment for their pets. The bill was amended on the floor of the Senate on December 16 to include more anti-ownership provisions. The bill was passed by the Senate on January 9, 2020 and has been assigned to the Assembly Appropriations Committee. The NJ Assembly adjourned on January 14, 2020. Read the alert.
New Hampshire – AKC GR is actively working with the New Hampshire Federation on a number of bills by testifying at public hearings and positively impacting numerous measures currently under consideration, including:
- HB 1683 – criminalizes the cropping/docking, dewclaw removal or debarking of a dog – voted down unanimously.
- HB 1389 – criminalizes, as cruelty, leaving dogs outside and unattended in certain temperatures without considering breed differences – voted down unanimously.
- HB 1117 – makes the theft of a dog, or removal of an e-collar or microchip a crime – voted favorably as amended striking authority of law enforcement or shelter to remove a microchip.
- HB 1627 – establishes a state database to collect health certificates issued upon transfer of a dog, cat or ferret – voted favorably as amended providing privacy protections.
- HB 1448 – extends the quarantine period for imported cat and dogs from 48 hours to 14 days and requires health certificates indicating freedom from infectious disease before transfer of a dog or cat by an animal shelter or rescue organization – under House Environment and Agriculture committee review.
- HB 1602 – creates an animal cruelty registry – voted down as inexpedient to legislate.
- HB 1560 – creates a class B felony for anyone who knowingly or recklessly violates the law requiring adequate sustenance or shelter and the animal dies or “suffers serious bodily injury” as defined in the criminal code for human victims. This change could treat animals as victims with qualifying rights under the law – under House Committee on Criminal Justice and Public Safety review
- HB 1164 – support for cats and dogs cruelly treated by authorizing the court to appoint a volunteer law student or lawyer as an animal advocate during prosecution – under House Committee on Judiciary review.
- HB 1542 – classifies dogs as victims, along with children and vulnerable adults by changing law to authorize any person to take any action to rescue them, without any liability, if they believe it necessary due to extreme temperatures in a motor vehicle – under House Committee on Judiciary review.
- SB 608 – authorizes the public to take whatever action necessary to rescue an animal subject to extreme temperature in a motor vehicle, without liability – under Senate Committee on Judiciary review.
New York – As written, S.4577 would restrict dogs being outdoors in certain temperatures. The Department of Agriculture would be required to issue a Blue Alert or Red Alert when the temperate meets a certain limit. When an alert is issued, no animal may be left outside or in a vehicle without proper shelter or protection. AKC continues to communicate with the sponsor to address concerns. The bill passed the Senate Domestic Animal Welfare Committee on February 3 and is pending in the Senate Finance Committee.
New York – S. 4234A would prohibit pet stores from selling dogs or cats. Instead, they would only be allowed to “showcase” animals available for adoption from a shelter, rescue, or adoption agency. The measure also specifically removes retail pet stores from the definition of “pet dealer”, thereby removing them from the state’s consumer protection laws. AKC continues to express concerns with this bill, which passed the Senate Domestic Animal Welfare Committee on February 3.
Rhode Island – The Rhode Island State Veterinarian recently proposed new specific requirements for animals imported for the purpose of fairs, shows, or exhibitions. These will apply to dogs entering Rhode Island for less than 10 consecutive days to compete in AKC-sanctioned events and imposes requirements for individuals responsible for the events. Such animals would not be required to meet requirements of animals imported for other purposes, including being accompanied by a certificate of veterinary inspection. The AKC expressed concerns to the state that aspects of the proposal may be difficult for event-giving clubs in Rhode Island to meet. AKC GR has worked with the State Veterinarian to address those issues and he will be attending a joint meeting of Rhode Island Kennel Clubs on March 2, 2020 to provide details and answer questions.
Rhode Island – After hearing from AKC GR, the House Majority Leader did not re-file legislation to establish an animal rights advisory council charged with making annual policy recommendations this session. However, a rank and file legislator has amended the title to establish an animal welfare advisory council with the original appointees and filed House Bill 7606 for consideration this year. AKC GR is concerned the representation on the council would not provide a balanced policy perspective.
Rhode Island – The Senate President has established a commission relative to dangerous dogs with a goal of filing legislation to update state law. AKC GR presented a summary of effective state laws and AKC’s model dangerous dog act on December 12, 2019. The commission is now finalizing its draft legislation after accepting input from AKC GR and other stakeholders.
South Dakota – Senate Bill 84 seeks to provide additional categories in its Service Animal Definition. The bill will be considered by the Senate Local Government Committee. Those who support SB 84 are encouraged to contact members of the South Dakota Senate Local Government Committee and offer support.
Tennessee – HB 1643 / SB 1747, which seek to require courts to impose a mandatory 2-year ban on custody of any companion animal for a person convicted of certain offenses involving animals, have been amended in House and Senate Committees to also require the courts to impose a mandatory lifetime ban on the custody of a companion animal on any second or subsequent offense. Read the most recent alert, which was issued prior to the amendments to impose lifetime bans. HB 1643/SB 1747 has passed in Senate and will be considered by the House on 3/5/20.
Vermont –During 2020 the VT legislature will review formal recommendations by the VT Animal Cruelty Investigation Advisory Board on how to best regulate animal shelters and rescues in the state, which currently have no oversight. In preparation for the legislative session, the VT Federation of Dog Clubs’ Board of Directors met on January 12, 2020.
Vermont – A newly filed bill HB 636 requires a dog trainer to inform his or her client of the methods and equipment that will be used to train the client’s dog and of the risks and benefits of those methods and
equipment and to require the dog trainer to obtain the client’s consent to that training. AKC GR is reaching out to the bill sponsor to understand the rationale for the measure.
Virginia – SJ 68 seeks to name December as “Puppy Mill Awareness Month” in perpetuity in Virginia. AKC GR sent a letter to members of the Senate Rules Committee in opposition to the resolution and reminded that members that the term “puppy mill” is offensive to responsible breeders. Instead, AKC GR encouraged a resolution promoting education on finding the right dog for your family from a reputable source, responsible dog ownership, and celebrating the many ways dogs enhance our lives. The resolution passed the Senate and was approved by the House Rules Committee and will likely get a full House vote soon.
Virginia – Even though Virginia enacted legislation relating to tethering last year (supported by the AKC and our federation), SB 272 and HB 1552 seek to make changes to further restrict tethering. The bills started out as companion bills. The House made improvements to HB 1552 and passed it while the SB 272 was passed by the Senate. Both bills have been sent to the opposite chamber’s Agriculture Committee to conform the two. An attempt was made to conform HB 1552 into SB 272 during the House Agriculture Committee meeting, but it was stopped and passed over until the February 26 meeting as the Chair and other members believed that SB 272 was going to be conformed to the amended House version. It is likely the Senate Agriculture Committee will conform House Bill 1552 into SB 272 so a Conference Committee will likely be needed. AKC GR and the federation will continue push for alternative solutions to improve the legislation.
Virginia – HB 1480 would authorize a locality to regulate or restrict the sale of animals in a pet shop. Such ordinances may distinguish between certain types of pet shops and include provisions for special licensing, inspections, reporting, or restrictions on the sale of certain types of animals. The bill also includes various existing statewide provisions related to pet shops in the list of sections for which a locality may adopt parallel or more stringent ordinances. On January 31, the sponsor agreed to hold the bill until 2021 and wants stakeholders to discuss the concerns. AKC has reached out and asked to be a part of these discussions.
Virginia – HJ 68, supported by the AKC, would request the Department of Agriculture and Consumer Services to study the need for animal care regulations addressing temperature extremes. AKC GR has asked to participate and provide expertise to the workgroup that would be established to ensure that the best interest and safety of dogs are met based on standards that are dependent on breed, age and the overall general health of the dog, and not some unsafe or arbitrary temperature. The bill was leftover in Committee prior to crossover day
Washington – There are numerous bills that attempt to restrict pet choice or redefine an animal’s legal status. AKC GR has provided comments to sponsors and committees on several bills. GR also reached out to the Washington State Veterinary Medical Association regarding problematic language in two bills. Some of our concerns were incorporated into the bills; some of our concerns were not. Language added to two bills after the introduction is of serious concern and we will be reaching out to sponsors with our comments.
Washington – SB6300/HB 2317 Of concern was language defining and equating pain in an animal as being the same thing that a human would feel. GR worked with the sponsors and concerned organizations and successfully had the “pain” language removed from the legislation. The bills contain provisions that are beneficial to responsible dog owners such as removing as a legal defense to animal abandonment charges that the owners were experiencing economic distress. The bill also strengthens laws against dogfighting.
Washington – HB 2344/SB 6221 and HB 1640 and SB 5209 bans the sale of any pet at a retail pet store unless the animal is a dog or cat obtained from a rescue organization or an animal control agency.
West Virginia – House Bill 2185 would permit the removal of animals left unattended in motor vehicles by “agents” authorized by the legislation to do so. Such “agents” are defined as any: Emergency Medical Service Personnel; Humane officer; Law-enforcement officer; or Member of a paid or volunteer local fire department. Bill specifies that an agent does not include members of the general public. The bill also sets forth conditions to rescue and retrieve an animal in danger in an unattended vehicle and exempt the defined “agents” from liability. AKC GR continues to monitor this bill and will provide comments as necessary.
West Virginia – Senate Bill 285 would eliminate the WV Greyhound Breeding Development Fund (GBDF) and redirect all money from the Fund to the State Excess Lottery Revenue Fund. Additionally, it would eliminate the requirement that video lottery and racetrack table game licensees must also hold dog racing licenses. Eliminating these funds would significantly cripple the greyhound racing industry in the state. It does not eliminate greyhound racing, but it does decouple the casinos from holding a dog racing license in order to offer video lottery and table games. Although sponsored by the President of the Senate, the bill was defeated in the Senate on February 19 by a 26 to 11 margin.