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The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 226 of 3307/5/2010HCR1004 Requesting the Arkansas Congressional Delegation and The Congress of the United States to Support Horse Processing Facilities TO BE ENROLLEDHB1046 Freedom to Farm Act-vote by which it passed in the House expunged, never got out of Senate committee DEADHB2240 To Allow for Municipal Animal Shelters to Provide Veterinary Services to the Public in certain Circumstances DEAD IN COMMITTEESB864 Licensing Required for owners of Multiple Dogs or Cats DEAD IN COMMITTEEHB2153 Concerning greyhound Racing DEAD IN COMMITTEEHB2223 Concerning the Offense of Unlawful Dog attack WITHDRAWN BY AUTHOR THAN RECOMMENDED FOR COMMITTEE STUDYGreenwood - (4/28/09) - An animal ordinance will be put into effect on May 6 for Greenwood residents. It will require any animal to be registered with the city. That ordinance does notprohibit pit bulls.CALIFORNIA(4/10/09) - SB250 - As majority leader and representing mostly rural and sometimes poor areas of the state (including part of Tulare County), one would think Flores would focus onsomething like the economy so people have jobs, or possibly ensuring our children are getting quality education. Instead, he has introduced Senate Bill 250, yet another attempt to mandatespaying and neutering all pet animals or face having them confiscated. If passed, his bill would eliminate due process for anyone cited for violating any part of it, place additional financialburdens on the people of California and increase costs to local shelters and governments. That costs would increase is common sense. If people have an animal confiscated, then face a fine,the cost of spay or neuter plus an unaltered animal license, many will either opt or be forced to leave their pet with animal control. Shelters will have to house those animals for a minimumof three days, as mandated by existing state law. Result: more expense to local shelters and more animals euthanized. In the long run, euthanasia might fall as pet owning becomes anexclusive option for the wealthy, who can import a pet from another state or country. But in the short term, euthanasia rates would soar. That is not just our conclusion. The state legislativeanalysts came to the same conclusion about the previous mandatory spay-neuter bill. Due process is eliminated because, for anyone cited for violating any part of the law — which wouldinclude your pet getting out of your yard, forgetting to renew your pet license on time, violating leash law, leaving a pet outside (does not specify for how long) and similar requirements. Andnot only would the animal cited be sterilized, but all animals that you might own. Your only recourse would be to hire a lawyer and hope to get judicial intervention before your animals wereconfiscated. Contact members of the Senate Committee.THANKS TO CARPOC FOR THE FOLLOWING UPDATES:AB 1122 - Amendment 4/23AB 243 - ASM Appropriations Committee Hearing Date 4/29AB 923 - ASM Appropriations Committee Hearing Date 4/29SB 135 - Sen PubSfty Hearing Date (re-referred) 04/28/2009SB 250 - Sen Appropriations Hearing Date 05/04/2009SB 318 - Sen PubSfty Committee Reconsideration Hearing 4/28AKC ALERT:The Senate Appropriations Committee hearing on SB 250 has been rescheduled for May 11th. Please click here for sample letters that clubs and individuals can personalize.Cupertino - (4/8/09) - The City of Cupertino is ready to experiment with letting dogs run free. The city council voted 4-0 on Tuesday to create a volunteer group that will work with citystaff to identify possible locations and a strategy for making off-leash hours work. The decision does not name a specific site or time for off-leash hours nor has any decision been madeabout whether the potential area will be fenced or unfenced. It is still a violation of city ordinance to have a dog off leash in a city park.The citizen group will form in the coming months andwill work with the city to create an off-leash plan. The group could be made up of dog owners and non-dog owners. Parks and recreation officials outlined a series of criteria that will beused to measure the success of the trial period. The city council also voted to reduce the fine for a dog off-leash to $75, create dog safety and leash-law education materials, and explore thepossibility of building a fenced dog park in Stevens Creek County Park.The city ordinance was amended to reduce most incidents of un-restrained dogs to an infraction rather than amisdemeanor. A vicious dog off-leash would still be considered a misdemeanor. Over 30 residents spoke for over an hour at the April 7 public hearing. Mayor Orrin Mahoney said he receivedmore than 200 e-mails from residents on the off-leash issue.Laguna Woods - City Council approved an ordinance that calls for dogs and cats six months and older to be spayed or neutered (04/15/09). The City Council in front of a nearly full audiencevoted 4-1 in approval of the first reading of the ordinance. Councilman Bert Hack voted against it. "I thought it was unnecessary for my community because in the last two years we've hadless than a dozen dogs or cats picked up by the animal protective services," Hack said. "I don't think it's a problem for my city."Manteca - city proposing a ordinance for a mandatory spay/neuter law for all dogs over six months old. The proposed ordinance provides exceptions for police, livestock, and working dogs,as well as licensed show dogs. Dogs whose lives could be threatened by the procedure would also be exempt. The proposed law would apply to all dogs not just specific breeds like pit bulls.UPDATE - (4/9/09)- The City Council has rejected a proposal that dogs in Manteca be spayed or neutered. Under the proposed ordinance, all dogs older than 6 months would have to bealtered unless they were service animals, show animals, dogs used for breeding or for whom the procedure could be life-threatening because of their age or medical condition. The council inSeptember approved an ordinance requiring pit bull breeds be spayed or neutered, and that law remains in effect. The council directed Police Chief David Bricker to conduct a workshopwhere the public could voice their opinions on the proposal. The general consensus was the city should not regulate such matters.Portola Valley - (4/28/09) - An updated noise ordinance for Portola Valley had been set for a vote on April 22, but it was delayed by the Town Council's unanimous decision to remove aproposal that would have banned commercial gardening services such as leaf-blowing on Saturdays. Councilwoman Maryann Moise Derwin was absent for the meeting but is expected for theMay 13 meeting, when this ordinance is due to get another public hearing before a council vote. The proposed ordinance lists acceptable loudness (decibel) levels according to time of day,whether the person making the noise complaint is inside or outside a building, and what kind of building it is. Acceptable noises are those related to construction, deliveries, garbagecollection and emergency generators. Unacceptable noises include persistent dog barking and rooster crowing. The draft noise ordinance is posted at Portola Valley Web site, as is the noiseelement. Noise measurements would have to be professionally done and paid for by the complainant. For barking dogs, the town will acquire a voice-activated recorder to verify the barkingeither at the home of the complainant or that of the dog owner.South Tahoe - (4/8/09) - A ban on the retail sale of cats and dogs was approved Tuesday by the South Lake Tahoe City Council to curb the resale of dogs and cats bred in a puppy mills.
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 227 of 3307/5/2010Breeders still can sell directly to people, and stores can work with rescue groups and shelters to have cats and dogs adopted at their businesses. The ban affects no other animals. "Weunderstand that this is the first such ordinance in North America," said Dawn Armstrong of the Lake Tahoe Humane Society & SPCA. "Others can now take courage. With the investigations andthe work being done in Southern California and in other states, it just may be the beginning of the end of the puppy mill industry." The ordinance takes effect May 5.Whittier - (4/27/09) - The City Council at its 6:30 p.m. meeting today will consider raising on a variety of services - from business licenses to dog licenses to a variety of permits. Theproposed dog license fee will go from $12 to $36 for a dog that has been altered as a result of an increase by the Los Angeles County Animal County Control, stated Rod Hill, city controller, ina written report to the council.COLORADOLarimer County - (4/27/09) - Letting your dog ride in the back of a pickup truck is likely to remain legal in Larimer County but chaining it up for hours on end could get you a ticket. Thecounty commission said Monday they did not support making several changes to the county's animal control ordinance proposed by the Larimer Humane Society. But the commissioners saidthey would be open to discussing further other minor changes, including tweaks in definitions so they match other county codes and defining lengthy tethering of a dog as cruelty. Thechanges are needed to give animal control officers the tools they need to react to some situations, said Capt. Bill Porter of the humane society. Dogs in the backs of pickup trucks can bethrown out if drivers hit bumps or violently swerve, he said. People walking by a dog in parked truck risk getting bit if the animal lashes out in defense of its territory. But the commissionerssaid the county is not ready for such a law, especially since Loveland and Fort Collins do not have similar restrictions. Commissioner Steve Johnson agreed dogs shouldn't be loose in the backof trucks. But he said the county can only go so far in telling people what to do. "I don't think it's government's responsibility to tell people not to be stupid," he said.DELAWARE(4/10/09) - HB95 - Three lawmakers have aligned with the Humane Society of the United States by introducing legislation to protect dogs in Delaware. Milton dog breeder Jammie Barry hasseen abused animals come her way. Barry is also a member of the Colonial Rottweiler Club. To be a member, she has to subscribe to proper dog-care guidelines and breeding standards. Shealso said it’s not unheard of for the American Kennel Club to make surprise visits to registered breeders.“That’s what good breeder clubs do – they try to educate people,” she said.House Bill 95, introduced Thursday, March 26, is designed to reduce the number of dogs in breeding kennels, prevent dogs from being tethered for long periods of time and increase penaltiesfor animal fighting. “Your backyard breeders wouldn’t know anything about it,” said Barry, who said many times well-meaning amateur breeders are ignorant of proper animal care. “Theyhave good intentions, but sometimes, the good guys get caught up in it. That’s why good breeders pay attention to the Legislature,” she said. Rep. Melanie Marshall, D-Newark, Rep. ValerieLonghurst, D-Bear, and Sen. Patricia Blevins, D-Wilmington, recently met with constituents in Legislative Hall to jointly sponsor H.B. 95. Before the bill was introduced, lawmakers discussedthe importance of the bill on Humane Lobby Day at a press conference. “I am proud to sponsor legislation this session to restrict the cruel tethering of dogs and to help crack down on puppymills and look forward to working with these advocates to pass this important bill,” Marshall said. “How we treat animals is reflective of how we treat one another,” said Blevins at the pressconference. Rep. Danny Short, R-Seaford, said he’s heard from some constituents who don’t want to be unfairly targeted by proposed legislation. “I’ve gotten a couple of calls from animalrescue groups worried about the parameters of the bill. If there’s a problem we can amend it. They’re not really sure how it might affect them,” he said. As H.B. 95 is being debated in theHouse Agricultural Committee, Short said he supported a recently passed law in the City of Seaford that prohibits chaining dogs, a measure that mirrors H.B. 95. “I’m an animal activist,” hesaid.FLORIDAFt. Pierce - (4/11/09) - Area residents spoke out in favor Monday night of a city of Fort Pierce proposed ordinance to create annual pet licensing fees to help control the local animalpopulation. City Commissioners voted 4-1 on Monday to send the licensing measure to a second public hearing. Pet owners who don’t spay and neuter their cats and dogs would pay a $75annual fee to register and license the animals, while owners who sterilize their animals would pay $10 annually. Breeders would pay $100 annually. The County Commission adopted a similarordinance in April 2007. The city pays $277,000 annually to cover the costs of animals being picked up, said Fort Pierce Police Chief Sean Baldwin. Between 5,000 and 6,000 animals are put todeath annually at the St. Lucie County Humane Society. “Somebody is going to pay for those animals,” Fort Pierce Police Chief Sean Baldwin said. “It’s either going to be the taxpayers atlarge or it’s going to be the owners.” The law will go into effect 90 days from the date it is adopted. The goal in new ordinance is to push people toward sterilizing their animals to limit thenumber of strays, Baldwin said. Failure to comply the city’s ordinance could result in a $100 civil fine for the first offense, $200 for second offense and mandatory court for third offense.Tamarac - proposed ordinance would apply to any dog that attacks unprovoked, causes death or injury to another animal or severely injures a person. Under the proposal, if a dog bitesonce and is considered dangerous, the owner would be required to register it with the city clerk, muzzle it, and maintain $500,000 in liability insurance. If the dog bites a second time, theowner can no longer keep it in Tamarac. Commissioners will discuss the proposed ordinance at a workshop on Tuesday (04/07/09).IDAHOIdaho Falls - (4/9/09) - In Idaho Falls you can only have two dogs. Anymore than that and you have to get a kennel's license. And either way, now your pets must have their shots. "Everydog and cat in the city of Idaho Falls needs to have a rabies vaccination," says Kerry Watts, animal control officer. Are your dogs registered? They must have a license to be city dogs. "A nametag is not a license and many people feel like, 'Well, my dog has a tag on it,' but that tag is not a license," says Watts. It only cost you between $6 to $12 bucks every three years. This helpsthe city keep track of the animals and could help if little Spot gets out. "We could just look up that license number and we know who to call," says Watts. But that's only if your dog doesn'tbite anyone along the way. Before your dog could bite someone and get away with it. Now instead of having to wait for a second offense, officers can take the first bite into seriousconsideration. "These ordinances are here for you and to help your animals and ensure that everybody is going to be well protected," says Watts. You have until Wednesday, April 15th beforethese laws go into effect.ILLINOISHB2703 - AN ACT concerning animals. Amends the Animal Control Act. Makes a technical change in a Section concerning rabies inoculationsINDIANA(4/8/09) - The battle is set over regulating Indiana’s dog breeding industry. State lawmakers will work on two solutions aimed at the same thing — cracking down on puppy mills. Aconference committee will meet to see if the two sides can come up with one bill before the General Assembly ends April 29. Tuesday, on a 46-3 vote, the Indiana Senate passed its version ofthe new rules. The measure is an amended version of House Bill 1468, which cleared the House 80-14 in February. In a prepared statement, Sen. Brent Steele, R-Bedford, said the legislationwill give law enforcement and prosecutors tools to crack down on cruel owners and breeders, while giving the state more authority to go after breeders who fail to pay their state incometaxes. “This bill sends a clear message that Indiana will no longer be a safe harbor for those who fail to provide proper care for dogs,” Steele said. “Creating a system to register dog breedersis an integral part of ensuring U.S. Department of Agriculture standards are enforced and state income taxes are collected.” UPDATE: (4/10/09) - HB1468 - Animal cruelty and commercialdog breeders. Authorizes the board of animal health to establish a registry of commercial dog brokers and commercial dog breeders in Indiana. Exempts animal shelters, humane societies,certain animal rescue operations, hobby breeders, people who breed hunting dogs for sport, and people who breed dogs for use by police or the military from the requirements imposed oncommercial dog breeders. Defines hobby breeder as a person who maintains 20 or fewer unaltered female dogs at least 12 months of age, and defines commercial dog breeder as a personwho maintains more than 20 unaltered female dogs at least 12 months of age. Specifies that a commercial dog broker as a person who is licensed under federal law and sells at least 500 dogsin a calendar year. Requires commercial breeders and brokers to register with the board of animal health, and specifies that failure to register is a Class A misdemeanor. Provides that acommercial dog breeder must register annually with the board and pay a fee based on the number of unaltered female dogs the breeder owns. Specifies that a person who fails to register is
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