Legend key:
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Legislation Archive - All postings from prior legislation sorted by State.

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Canada

Arizona

5/13/08 Arizona– House Bill 2615 seeks to 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. It is a substantive copy of California AB 1634. There has been no movement on this bill since its introduction and assignment to three House committees.

3/7/08 - Update: Arizona Mandatory Spay/Neuter Bill's Committee Assignments Arizona House Bill 2516 has been assigned to three legislative committees: the House Committee on Counties, Municipalities, and Military Affairs; the House Committee on Government; and the House Committee on Rules. The bill, which seeks to 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, has not yet been scheduled for hearing. However, it is imperative that all concerned breeders and responsible dog owners in Arizona contact the committee members listed below and voice their strong opposition to the bill.

Read a copy of the bill

WHAT YOU CAN DO:
Arizona's concerned breeders and responsible dog owners should contact the committee members. Voice your vehement opposition to HB 2516, and ask the committee members to do the same. Get a list of committee members.

Arizona Alert: Mandatory Spay/Neuter Bill Introduced House Bill 2516, which seeks to 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, has been introduced. If adopted, this unreasonable and unenforceable bill will have a profound negative impact not only upon responsible dog breeders in Arizona, but also upon all current and prospective dog owners. It is vital that all breeders and concerned dog owners in Arizona contact their elected state legislators and voice their strong opposition to the bill.

As introduced, HB 2516 will:
· Prohibit a person 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 qualifies for and purchases an intact permit.
· Allow the fee for the permit to be set by the county enforcement agent or by the local jurisdiction.
· Require the fee for the permit to be no more than what is "reasonably necessary" to fund the administration of the intact permit program.

HB 2516 will require breeders to pay an undetermined annual fee for every intact dog they possess, and is a blatant attempt at imposing a significant financial burden upon responsible dog breeders and owners.

As a recently introduced bill, HB 2516 has not been referred to a committee within the Arizona House of Representatives.

WHAT YOU CAN DO: Please contact your State Representative and State Senator and ask them to oppose HB 2516. Find out who represents you in the Arizona Legislature.

Colorado

Florida

1/28/08 - Palm Beach County, FL Considers Mandatory Spay/Neuter and Hobby Breeder Licensing

On January 15th, Palm Beach County Commissioners are scheduled to hold a first hearing on a proposed ordinance which will make drastic changes to the animal control ordinance, dramatically impacting responsible owners and breeders. Although the County Commission directed staff to begin drafting this ordinance back in April of 2007, an amended draft was posted to their website only on January 8th. Furthermore this is only a draft and may still be amended prior to the January 15th meeting.

Concerned dog owners are asked to immediately call the county commissioners and request that consideration of the ordinance be postponed until the February 5th meeting to allow for sufficient public review. County Commissioners contact information.

The ordinance will impose mandatory spay/neuter of any dog over the age of 6 months unless the owner qualifies for and purchases a $75 intact animal license, or declares in writing that the dog will not be used for breeding. The ordinance will further require hobby breeders, defined as any individual that produces up to 2 litters or 19 dogs per calendar year, to buy a permit and to submit to home inspections. Neither the proposed ordinance nor the existing fee schedule list what the fee for this permit will be. Mandatory microchip for any animal adopted or released from a shelter, even on a first offense, is also proposed in this ordinance.

More Information on This Proposal

FLORIDA – HB 317, introduced by Rep. Culp, is under consideration by the House Safety and Security Council. It amends the current animal cruelty law by providing that a first-time offender convicted of cruelty to animals will be subject to the following mandatory minimums: $500 fine, incarceration period of 30 consecutive days, and 100 hours of community service.

Nebraska

New Jersey

3/7/08 -Mandatory Spay/Neuter Reintroduced in New Jersey
Senator Van Drew has introduced Senate Bill 971, a bill which threatens the rights of responsible dog owners in New Jersey. This bill is a reintroduction of 2006's AB 3542. Fanciers, concerned dog owners, and responsible breeders should immediately contact their representatives in the New Jersey State Legislature, and the members of the Senate Economic Growth Committee who will first hear this bill, and express their vehement opposition to this bill.

The bill would require that before a dog could be released from any shelter or pound it must be sterilized, unless the owner can provide documentation of the following:
· that the dog "has been shown" within the last 12 months; or
· that the owner is a "professional licensed breeder registered with the American Kennel Club"; or
· a licensed veterinarian has determined that sterilization would be detrimental to the dog's health.

Sterilization is required for all dogs impounded, even if it is the first time the dog has been detained.

The majority of purebred dogs never compete in AKC events and would not be eligible for this exemption. Further, the American Kennel Club does not license breeders. Therefore, this bill creates conditions that the vast majority of responsible dog owners cannot possibly meet.

Read a copy of the bill

WHAT YOU CAN DO:
· Contact the members of the NJ Senate Economic Growth Committee. Urge them
to oppose SB 971. Contact members of the committee

Reintroduced New Jersey Bill Bad News For Breeders Assemblyman Neil Cohen and Assemblywoman Joan Voss have introduced Assembly Bill 1591, a bill which threatens the rights of responsible breeders in New Jersey. This bill is a reintroduction of 2006’s AB 3401. Fanciers, concerned dog owners, and responsible breeders should immediately contact their representatives in the New Jersey State Legislature, and the members of the Assembly Agriculture and Natural Resources Committee who will first hear this bill, and express their vehement opposition to this bill.

The bill defines a “breeder“ as any person who sells or offers to sell more than five puppies per year. In addition to this incredibly low threshold, the bill requires breeders to comply with a host of restrictive regulations and institutes steep fines for violations. AB 1591 also prohibits any breeder from selling more than 25 dogs in one year.

AB 1591 goes far beyond encouraging responsible breeding. Under AB 1591, all breeders would be required to comply with draconian regulations including maintaining specified temperatures, keeping animals only on nonporous surfaces, and circulating air at precise levels. The measure further mandates the acceptable dimensions for crates and runs, and sets minimum socialization standards. Finally, all breeders are required to register annually with the Department of Health. This list will be published and made available to the public.

All breeders are required to furnish specified information to pet purchasers and provide a full refund for any reason for a pet returned within 14 days. Any dog which is sold with a pedigree can be returned for a full refund within 26 months if any congenital or genetic defects are discovered.

Violations can be punished with monetary fines or suspension of the license to sell pets. A first violation can result in a prohibition on selling cats or dogs for five years and subsequent offenses can add an additional five years for each violation. Civil penalties may also be administered. For a first offense, a breeder shall be fined $5,000 and for a second offense the breeder may be fined $10,000 for each subsequent offense. A member of the public who supplies information that results in fines or suspension will be eligible for an award of 10 percent of the civil penalty or $250, whichever is greater.

Read a copy of the bill.

More information on who to contact and what you can do.

New Jersey - Assembly Bill 2649. The proposal attempts to replace New Jersey's already comprehensive and reasonable animal cruelty laws and humane care standards with an unnecessary, confusing, and haphazard system that will not only affect the health of the general public, but will also threaten the due process rights of individual animal owners.

Among AB 2649's 56 pages, its most egregious proposals include the following:

• Any person, regardless of their lack of knowledge, training, or expertise, could accuse another person of animal cruelty, while receiving immunity from prosecution for cruelty themselves. Without providing redress for someone who has been unjustifiably and vindictively accused of animal cruelty, this provision is ripe for abuse.

• The definition of "minimum care" required for the care of animals will be lessened to include "veterinary care deemed necessary by a reasonably prudent person". AKC believes that veterinary care in all cases should be administered with a professional standard of care with the highest levels of professionalism and competence, as deemed necessary by a licensed veterinarian.

• The definition of "cruelly restraining a dog" specifically bans the tethering of dogs with less than 15 feet of tether. This provision does not expressly provide an exemption for dogs being groomed on grooming tables in any setting, including grooming salons and dog shows. With substantive animal cruelty provisions already in place, New Jersey state and local governments need to enforce existing law in cruel tethering cases. Irresponsible owners who are not providing humane treatment for their animals can and should be prosecuted under current law.

What You Can Do:
Contact your representative in the New Jersey General Assembly and express your opposition to AB 2649.

NEW JERSEY – Asm. Van Drew is sponsoring A3542, a bill to require animals returned to their owners from shelters be sterilized, even on a first offense unless the owner can prove they have been active in AKC activities. The bill also increases the surcharge for an unsterilized dog from $3 to $20, eliminates the range for dog licenses fees established by municipal ordinance provided under current law, and increases the dog license fee to $10, whether set by ordinance or if no ordinance exists. The effect of these increases is that licensing an unsterilized dog would cost $30 per year and the license would have to be applied for each year, and the license for a sterilized dog would be $10 per year and could be applied for every two years, instead of each year. Monies raised would be put in to a “Cat and Dog Sterilization Fund” to fund the sterilizations required by the bill. A3542 has been referred to the Assembly Committee on Agriculture and Natural Resources.

North Carolina

5/13/08 - Oklahoma, Ponca City - This proposed ordinance mandates that owners spay or neuter their dogs unless they obtain a potentially costly permit for each intact dog. The City Commission is considering this proposal, and may refer it back to the Animal Control Board for further review.

4/3/08 - South Carolina Bill 833 – tethering amended
South Carolina Senate Bill 833 is currently under consideration by the full Senate. The bill—which originally attempted to only address the restraint of dogs—has been amended and now unreasonably seeks to seriously limit the confinement of dogs in pens or crates. It is vital that all South Carolina enthusiasts, fanciers, and concerned dog owners contact the bill's sponsor and their state senator and voice their respectful opposition to this bill as written.

As currently written, SB 833 seeks to unreasonably define "confine an animal in a cruel manner" to include:
· Confining an animal for an unreasonable period of time. As used here, "unreasonable" is not defined. As such, arbitrary enforcement of this potential law can have a drastic affect on dogs in crates or pens at home; dogs in crates or pens at exhibitions, including dog shows and events; or
dogs in transport to exhibitions. SB 833 includes a list of activities that will be exempted from the provisions of the bill, but does not grant an exemption to the exhibition of animals, to animals transported for exhibition, or to related and incumbent activities.
· Confining that does not permit an animal access to sustenance. This provision is vague as to what types of sustenance would be required. Additionally, it does not take into consideration the accepted practice of dogs that, at exhibitions, are housed in crates or pens and have steady but
intermittent access to water and food in consideration of the animal's health, safety, or activity.

WHAT YOU CAN DO:
South Carolina residents are encouraged to contact SB 833's sponsor, Senator Knotts, and urge your opposition to the bill as currently written. Encourage him to amend the bill to ensure that all onerous provisions of the bill are addressed while still attempting to protect animals subjected to cruel treatment. Also contact your state senator and express your concerns and urge amendment.

E-mail: Senator John M. "Jake" Knotts, Jr. (Sponsor)

Find your South Carolina State Senator

SOUTH CAROLINA – SB 234 will prohibit the denial, cancellation, or non-renewal of homeowners’ insurance based solely on the presence of one or more dogs, unless a specific dog on the premises has a documented history of causing significant damage to real or personal property or serious bodily injury to a person. The bill was introduced by Sen. Reese and has been assigned to the Senate Committee on Banking and Insurance.

5/13/08 - Texas, Dallas - A burdensome ordinance is currently pending in the Quality of Life Committee of the Dallas City Council that, if enacted, will mandate dogs be spayed or neutered unless the owner obtains a breeder permit for each intact dog. Breeder permits will only be issued to owners of dogs of recognized breeds that are registered with a national registry and who are members of a purebred dog club that has been approved by the Director of Animal Services. The permit will cost a staggering $500 per year per dog and will restrict breeding to one litter per permit per year. Breeders are prohibited from selling puppies until they reach eight (8) weeks of age and have been immunized. It would also limit the number of pets that may be owned to six (dogs, cats, or combination of both). The Quality of Life Committee will be briefed on this proposal on April 28, 2008.

4/3/08- Dallas, TX-breeder permitting and MSN
The Dallas, Texas City Council will soon consider major changes to the Dallas animal control ordinance. The changes include breeder permitting, limits on the number of pets that can be owned, stricter dangerous dog language, and a ban on tethering.

Breeder Permitting
· This proposed ordinance mandates that you spay or neuter your dog unless you obtain a breeder permit for each intact dog.
· Breeder permits will only be issued to owners of dogs of "recognized" breeds.
· The permit will cost $500 per year and will restrict breeding to one litter per permit per year. Further, breeders are prohibited from selling puppies until they reach eight (8) weeks of age and have been immunized.
· In order to redeem a dog from impoundment, it must be spayed or neutered or the owner must purchase a breeder permit for that animal.

Breeder licensing fees place an undue burden on responsible breeders and owners and fail to address irresponsible individuals who neither comply with existing law nor will comply with new regulations. Such fees therefore punish responsible breeders who give the care and attention that puppies need in order to grow into healthy, well-adjusted companions and neighbors.

Pet Limit
· The proposal also creates a limit of six dogs or cats or combination of both per dwelling.
· There will be a grandfather clause for current owners who list all their current animals with the Director of Animal Services and are in compliance with all other regulations.
· There will also be an exemption to foster care providers who have been approved by the Director of Animal Services.

Not only are limit laws easily evaded and difficult to enforce, they fail to address the heart of animal control problems--irresponsible ownership.

Dangerous Dogs, Tethering and Confinement Requirements
· The draft ordinance requires all dogs deemed dangerous to be spayed or neutered. · The owner of a dangerous dog must obtain liability insurance of $100,000.
· Any dog that has been determined to be dangerous by another jurisdiction will not be allowed into the city.
· Any tether used must be at least 10 feet long and be attached to the dog's collar or harness and not the dog itself.
· The area in which dogs are kept must be at least 150 square feet per dog, if the dog(s) lives primarily outside.

At this time, the proposal is still in draft form. This proposal has not been scheduled for a hearing by the City Council. You may contact the Mayor and your City Council representative to express your concerns about these proposals. Find your City Council representative.

TX - San Antonio Proposal Bad for All Dog Owners
The American Kennel Club and its Texas federation of dog owners, the Responsible Pet Owners Alliance, are deeply concerned about the proposed changes to the City of San Antonio's animal ordinance. These changes, as will be proposed by the city's Animal Care Services Advisory Board, unfairly target responsible dog breeders and owners, have no chance of improving the quality of life for animals, and will have a significant negative impact on San Antonio's economy. It is imperative that breeders and concerned dog owners in San Antonio contact the Mayor and the members of the City Council to vehemently express their opposition.

The American Kennel Club supports reasonable and enforceable laws that govern dog ownership. We believe that the proposed animal ordinance is unreasonable, unenforceable, and a risk to the public welfare. Among its many onerous provisions, the current version of the proposal would require compliance with these most burdensome policies:
- Mandate the spay/neuter of all dogs. In the alternative, owners would be required to annually purchase both a license ($75) and an intact permit ($50) for each unsterilized dog. Totaling $125, this is twelve-and-one-half times more expensive than the annual fees owners of a sterilized dog will be required to pay ($10). Egregiously high fees, like those that would be imposed by this proposal, make spaying and neutering de facto mandatory because only a small number of people could afford to pay such high fees.

- Classify most kennels as a "commercial kennel" and impose considerable regulations upon such facilities. As currently defined by the proposal, most places where dogs are kept could reasonably qualify as commercial kennels, including homes of many hobby breeders and rescue groups. Such facilities will be subsequently subject to currently undefined license fees for such establishments, unreasonable building standards that will be impossible for smaller breeders and dog owners who maintain dogs in their own residential premises to comply with, and unproven animal husbandry standards that risk transfer of infectious and contagious diseases.

- Require any person who breeds a female dog to obtain a $50 litter permit
prior to, or within ten days of, a litter's birth. Such permit is limited to one litter per female dog per year.

WHAT YOU CAN DO:
Contact the Mayor and the members of the San Antonio City Council who will consider this proposal. Tell them that you are against the proposed changes to San Antonio's animal ordinance. Mail all letters to:

[Recipient]
City of San Antonio
P.O. Box 839966
San Antonio, TX 78283

Mayor Phil Hardberger
Phone: (210) 207-7060
Fax: (210) 207-4168
E-mail: phardberger@sanantonio.gov

For a sample letter and Council members, go to Legislative Alerts at
www.akc.org.

Vermont

3/7/08 - VA Update: Mandatory Spay/Neuter Bill Tabled in Committee!
Subcommittee #1 of the Virginia House Agriculture, Chesapeake, and Natural
Resources Committee considered and tabled HB 1570, which would have mandated the spaying or neutering of certain companion animals. This effectively kills this legislation for the 2008 legislative session.

VA Mandatory Spay/Neuter Bill Assigned to Committee Virginia House Bill 1570, which seeks to mandate the spaying or neutering of companion animals, has been assigned to the House Committee on Agriculture, Chesapeake, and Natural Resources. Though the bill is currently not scheduled for consideration, it remains imperative that breeders and concerned dog owners in Virginia contact their Delegate and ask them to oppose this legislation.

See a sample letter.

WHAT YOU CAN DO: Write or call the members of the House Committee on Agriculture, Chesapeake, and Natural Resources, and ask them to oppose HB
1570. Please address your correspondence to:

Delegate _____________________
General Assembly Building
P.O. Box 406
Richmond, VA 23218

West Virginia