Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

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The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 266 of 3307/5/2010restore six kennels cut from the original design. The restored kennels, which will now bring the total to 30, will add about $160,000 to the project, raising the estimated cost to about $2.89million, said Town Engineer John Casey. He said the added kennels will also increase the shelter's total square footage from 7,600 to about 8,400. The new shelter, which will be built ontown-owned property behind Frank Deluca Hall of Fame Field on Main Street, will be more than three times the size of the existing facility.DELAWAREWilmington - City mulls ban on aggressive dog breedsDISTRICT OF COLIMBIAWashington - Councilman Jim Graham proposed ordinance to ban pit bulls. Year after year, Ward 1 D.C. Councilman Jim Graham has seen his attempt to ban fireworks fizzle, his try tobar pit bulls chewed up by colleagues. The pit bull measure bars the possession and sale of the breed in the District. It requires current owners to register their pets with animal control,sterilize the dogs and tag them for quick identification. Any pit bull that doesn’t meet those requirements must be impounded and euthanizedFLORIDAHB189 - AN ACT relating to dangerous dogs; removing of breed -specific local government regulation of dangerous dogsHB451 - Sterilization of Dogs and Cats: Requires sterilization of dogs & cats of specified age; provides exceptions; authorizes county or municipality to enact ordinances requiringlicensure of dogs & cats that are not sterilized; requires DOACS to adopt rules for approval of breed registration organizations; provides penalties; conforms requirements for sterilizationof dogs & cats in animal shelters & animal control agencies to changes made by act; deletes provision extending time for sterilization; authorizes county & municipal ordinances relatingto sterilization of animals; authorizes county or municipality to collect surcharge on civil penalties.SB992 - AN ACT relating to the sterilization of dogs and cats, allows the release of a dog or cat from an animal shelter operated by an animal control agency, humane society, or animalrescue group without compliance with the requirement for sterilization if a licensed veterinarian certifies that the dog or cat has a medical condition that would be substantiallyaggravated by such procedure or the procedure would likely cause the death of the dog or cat, etc.Holly Hill - proposed ordinance -- requiring dogs and cats in the city to be spayed or neutered -- nearly mirrored a Volusia County ordinance. Both provide for exemptions for "unalteredanimals" such as show dogs, service animals and police dogs. In Volusia County, the unaltered animal permit is valid for the life of the animal. In Holly Hill, the proposed ordinance calledfor a $25 annual permit. But Tuesday (02/10/09) Holly Hill commissioners defeated on first reading an ordinance that would follow that trendGEORGIAGwinnett County - (1/27/09) - Gwinnett's County Attorney's office has taken a new approach in trying to sell it's latest version of the county's "get tough" approach on dog barking. Thenew ordinance proposal has moved "nuisance barking" out of section 10-33 Public Nuisance Animals and created an new section 10-51 "Duty of animal owners to be responsible owners. Itreads:Sec 10-51 Duty of animal owners to be responsible owners.a) It shall be the duty of every owner or custodian of any animal to exercise reasonable care and take all the necessary steps and precautions to protect other people, property, andanimals from injuries or damage which might result from their animals's behavior.Similar to the current ordinance the county defines ordinance violations as "ANY vocalizations which are plainly audible to a person of ordinary hearing ability not located on sameproperty as the animal or animals making such vocalizations for more then fifteen minutes without interruption" or "more thenthirty minutes if the vocalization is intermittent." The new twist is the county solicitor Allison Cauthon's explanation that the county defines intermittent barking to be any "vocalizationof any animal or animals for a continuing period of thirty seconds or more on five or more occasions in any thirty minute period." What this means for a typical owner of three dogs is ifthose three dogsbarked for thirty seconds, stopped and then resumed barking for another thirty seconds the pet owner would be in violation of the ordinance, even if that barking was only dogs playfullychasing down local squirrels. The pet owner could face up to three terms of six months jail time, up to $3,000 in fines and court ordered disposal of all three family dogs even for aninnocuous first offense. There is nothing in this ordinance that would prohibit people from provoking dogs into barking by either making deliberate bursts of noise, rattling a fence orpointing a video camera or cell phone at one's property and filming that outburst as evidence of barking violation. Nor does the ordinance allow dogs to bark or communicate with otheranimals in near proximity to your property. Barking laws in Gwinnett are the only ordinance violation that relies solely on citizen driven complaints that are typically never verified. Itremains unclear what role animal control holds in investigating these violations or if an investigation is even required. Even though these charges carry potential jail time jury trials arenot allowed under recorder's court rules. Animal owners are denied the same due process rights that are routinely provided thugs and criminals. CONTACT INFORMATION AT LINK.HAWAIISB79 - A BILL FOR AN ACT RELATING TO dogs Description: Prohibits ownership, possession, or sale of pit bulls. No grandfather clause CONTACT INFORMATION - CLICK HERE.ILLINOIS**NOTE: Click HERE to access SAOVA one stop emailing to committees for Illinois bills being heard on 2/19/09 **HB0198 - AN ACT concerning dog breeders.SB53 - AN ACT concerning dog breeders. Creates the Dog Breeder License Act.SB139 - Animals-Torture-Not Dock/Crop - Introduced by Sen. Terry Link (D, 30) SB 139 would remove the ability for veterinarians to crop ears or dock tails of any animal unless amedical reason exists.Amends the Humane Care for Animals Act. Limits the situations when a person could dock an animal's tail or crop its ears without violating the Act's prohibition against "animal torture".Establishes that the following is not "animal torture": (i) tail docking performed by an Illinois licensed veterinarian for a medical reason (now, just "tail docking") or (ii) ear croppingperformed by an Illinois licensed veterinarian for a medical reason (now, just "ear cropping"). Effective immediately.SB1336 - Amends the Humane Care for Animals Act. Provides that no person may dock or hire any other person to dock the tail of any living member of the bovine species. Provides thatany person who violates this provision is guilty of a Class C misdemeanor and must pay a fine not to exceed $500. Authorizes licensed veterinarians to dock tails if doing so is necessary toprotect the health of the animal. Defines "dock".SB1337 - Amends the Humane Care for Animals Act. Prohibits a person from tethering or confining any covered animal, on a farm, for all or the majority of any day, in a manner thatprevents the animal from (i) lying down, standing up, and fully extending his or her limbs or (ii) turning around freely. Creates exemptions from this requirement for (i) scientific oragricultural research; (ii) examination, testing, individual treatment, or operation for veterinary purposes; (iii) transportation; and (iv) rodeo exhibitions, State or county fair exhibitions,4-H programs, and similar exhibitions.Danville - (1/27/09) - Concerned neighbors have been working for months on a new dog ordinance and will turn over their proposal tonight to the public services committee. Some of thechanges include fines for attacks and requiring owners to carry insurance in case their dog hurts someone, or another dog. The new draft also clears up some definitions of what exactly amakes a dog vicious or dangerous. If it's approved tonight, the measure will go before the full council next Tuesday. A yes vote there means it would be a law ten days after that.
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 267 of 3307/5/2010INDIANAHB1468 - A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Animal cruelty and commercial dog breeders. Authorizes the court, as a condition ofbail or parole, or the parole board, as a condition of parole, to prohibit a person from owning, harboring, or training an animal, and, if the person is prohibited from having direct orindirect contact with an individual, from having direct or indirect contact with any animal belonging to the individual. Establishes commercial dog breeder regulations including: (1)requiring commercial dog breeders to register with the state board of animal health; and (2) establishing standards for premises where dogs are kept and conditions in which dogs arekept. Requires commercial dog breeders to refund the purchase price of a dog sold by the breeder to a purchaser under certain circumstances. Requires pet dealers to maintain certainrecords Provides that a veterinarian or registered veterinary technician may report a suspected incident of animal cruelty under the law concerning offenses relating to animals to a lawenforcement officer. Provides that a person neglects an animal if the person fails to provide reasonable medical care for an animal's injury or illness. Broadens the definition of torturingan animal by administering poison by applying the definition to all vertebrate animals. (Current law applies only to dogs or cats.) Makes abandoning or neglecting an animal a Class Amisdemeanor, and enhances the penalty to a Class D felony if the person has a prior conviction. Makes it killing a domestic animal, a Class A misdemeanor, for a person to knowingly orintentionally kill a domestic animal without the consent of the owner of the domestic animal. Makes the offense a Class D felony if the person knew or reasonably should have known thedomestic animal was located on real property that was owned by: (1) the owner of the domestic animal; or (2) a person who keeps domestic animals on the real property for the purposeof breeding, boarding, or training domestic animals. UPDATE - (2/17/09) -02/17/2009 H Second reading: amended, ordered engrossed02/17/2009 H Amendment 1 (Walorski), prevailed; Voice Vote02/17/2009 H Amendment 10 (Messmer), failed; Voice Vote02/17/2009 H Amendment 6 (Foley), failed; Voice Vote02/17/2009 H Amendment 5 (Foley), failed; Voice Vote02/17/2009 H Amendment 7 (Messmer), failed; Division of the House: Yeas 47, Nays 51HB1585 - Deer hunting bag limits. Requires the director of the department of natural resources to increase the seasonal bag limit for deer in the 30 counties that had the highest numberof collisions involving deer and motor vehicles during the previous year. Effective: July 1, 2009. A BILL FOR AN ACT to amend the Indiana Code concerning natural and culturalresources.HB1683 - A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources. Game preserve licenses. Provides for the licensing and operation of game preserves inwhich privately owned cervidae and game birds may be hunted. Provides for the auctioning of ten licenses to operate game preserves and establishes $50,000 as the minimum bid for alicense.SB222 - A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Killing a domestic animal. Makes killing a domestic animal, a Class D felony, for a personto knowingly or intentionally kill a domestic animal without the consent of the owner of the domestic animal.SB546 - A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources and to make an appropriation. Removes the authority of a person with a federal permitto take or possess a migratory bird or the nest, eggs, or increase of a migratory bird during the closed season. Adds mourning doves to the list of game birds that require a habitatrestoration stamp to hunt. Establishes nonresident youth hunting and trapping licenses.SB1202 - A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Care of animals. Provides that a person neglects an animal for purposes of the animalcruelty statute if the person leaves the animal outside.Indianapolis - (2/11/09) -State lawmakers are cracking down on puppy mills in the state of Indiana. A House committee passed an animal cruelty bill Wednesday. Some dog owners were inside thepacked hearing room. They heard debate over the care and neglect of puppies. Rep. Linda Lawson from Hammond outlined how her bill would go after puppy mills and not legitimate dogbreeders. "What we want to establish is a law that takes away the rights of people to use animals like a crash crop. It is not corn or soybeans. It's a living thing that should not be broughtinto this world just so it can make a few dollars for someone or two hundred of whatever it is," said Lawson. The bill passed out of committee 11-0 and is now headed to the full House.Portage- UPDATE: because of Major changes the ordinance will take some time. A vicious dog will be determined by its actions not its breed, and there is currently a leash requirement.Information from City Councilman Brendan Clancy. For addition information and updates please contact Councilman ClancyIOWALisbon City - Mt. Vernon - (1/21/09) - The City of Lisbon has taken the first formal step for a revised animal protection and control ordinance. The Lisbon City Council voted 4-1 Jan. 14in favor of the first reading of a revised ordinance. Two more readings and publication are needed to make it law. Council member Randy Roberts cast the lone “no” vote. When askedlater by council member Doug Kamberling why he disapproved of the first reading, Roberts responded, “the public didn’t know what was going on.” The revised ordinance does not limitthe number of animals in private homes, as an earlier draft had done. If the county’s department of health considers animals to be a health hazard, they will intervene. Some additionsare a broader definition of dangerous animals that includes the phrase “any animal declared dangerous by council;” a largely expanded definition of vicious animals; and expansion of asection relating to the prohibition of animals at large. Invisible fences are not considered restraints in the revision. Fines for animals found to be at large are added. Another proposedaddition is that seizure and impoundment would occur by order of the mayor or police chief. If apprehended, animals deemed vicious will be taken to the Cedar Valley Humane Societyfor observance at the owners’ expense for a period of 10 days. UPDATE: (1/28/09) - Originally set to focus solely on the budget, a Lisbon City Council work session last week resulted inthe finalization of a new animal control ordinance. Council members approved the suspension of rules related to setting law, so as to quickly put new animal-related measures intoplace. Three readings of an ordinance and publication in a newspaper of record are required before it becomes law. Typically, the readings are done at three separate readings, to givethe public opportunity to review a change. The first reading of a new animal control ordinance was done at the council’s Jan. 14 meeting. The council later voted 5-0 to pass the secondreading of the ordinance, and 4-1, with Roberts dissenting, to waive the third reading. The vote being a super majority because all council members were present, the reading waswaived and final passage of the revised animal ordinance was then approved 5-0.KANSASHCR 5004 - House Concurrent Resolution horse slaughter billOverland Park - (2/2/09) - The Overland Park City Council is poised to pass an ordinance tonight allowing the city to trap dangerous coyotes.Wichita - (1/28/09) - The upshot of Tuesday's workshop meeting was that the council agreed to discuss a new dog ordinance in a month or so, possibly with new restrictions on pit bullsand owners. Options they will consider: banning pit bulls (though even environmental services director Kay Johnson said she didn't favor that); requiring owners to spay or neuter andimplant microchips in pit bulls, with an exception for licensed breeders; or changing nothing. After the meeting, Johnson said she'd try to have a full animal ordinance prepared forconsideration in a month, and that she will make sure that people who care about animals will have plenty of opportunity to comment. The city will set up a dedicated e-mail address forcomments about animal issues: animalcode2009@wichita.gov.
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