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

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 270 of 3307/5/2010PROSECUTION UNDER THE DANGEROUS DOG ACT.SB127 - AN ACT RELATING TO ANIMALS; CLARIFYING PROVISIONS OF CRIMINAL LAW REGARDING TAKING CRUELLY TREATED ANIMALS INTO CUSTODY; PROVIDING FOR SECURITY INAMOUNTS NEEDED FOR THE CARE OF ANIMALS SEIZED IN COMMISSION OF CRUELTY TO ANIMALS CASES.SB313 - AN ACT RELATING TO CRIMINAL OFFENSES; PROVIDING THAT EXTREME CRUELTY TO ANIMALS INCLUDES ABANDONMENT OR FAILURE TO PROVIDE SUSTENANCENEW YORKA00255 - AN ACT to amend the agriculture and markets law, in relation to the microchipping of dogs and the creation of a registry of dogsA01540 - AN ACT to amend the agriculture and markets law, in relation to requiring all dogs and their owners to successfully complete basic obedience trainingA05507 - Prohibits the sale of dogs and cats by animal facilities under inhumane conditions; regulates the operation of commercial kennels used for breeding dogsS00518 - AN ACT to amend the general business law, in relation to prohibiting the sale of dogs born on puppy mills by pet dealersS02211 - AN ACT to amend the agriculture and markets law, in relation to the microchipping of dogs and the creation of a registry of dogsS02219 - Requires all dogs and their owners to successfully complete obedience training.NORTH CAROLINAHB27 - AN ACT to regulate the euthanasia of animals and to prohibit specified methods of euthanasia of animals.Dare County - (2/14/09) - Dare County is considering BSL. The ordinance being presented at this Board of Commissioners meeting is not breed-specific; the BSL will be presented at alater date. Residents may wish to attend this meeting to provide input regarding the proposed changes to the dangerous dogs ordinance and to speak out against future BSL. Please notethat the Board of Commissioners is meeting in a new place.The Dare County Board of Commissioners will conduct its first meeting in the newly completed annex of the County Administration Building on Monday, February 16. The meeting willbegin at 5 p.m. The Administration Building is located adjacent to the Dare County Justice Center at 954 Marshall C. Collins Drive in Manteo. The government complex is situated at thenorthwest corner of the Highway 64 and NC 345 intersection.For additional information and contacts, click HERE.McDowell County - (1/27/09) - The McDowell County Planning Board is still working on a new animal control ordinance. At Monday's regular meeting, the county's Planning Boardlooked over the proposed 17-page ordinance. It covers how animals should be treated, the keeping of dangerous ones, how animals should be confined, rabies control, the unlawful killing ofanimals, the euthanization of feral dogs and cats and what to do with stray or abandoned ones. It does not require people to get their animals spayed or neutered. The county's animal controlofficers will enforce the proposed ordinance by issuing civil penalties. For the first offense, the owner of the animal will get a $50 fine. The penalties would go all the way to $500, which wouldbe imposed for the fourth violation. If any dangerous dog or animal runs at large, whether on the owner's property or not, the civil penalty will be $200. For each subsequent violation oroffense, the owner or keeper will pay a civil penalty of $400.During Monday's meeting, some Planning Board members said they were concerned that the proposed ordinance might be too restrictive. "Most of this is going to be open to interpretation bythe Animal Control officer to use his better judgment." The proposed rules cover nuisance animals. An animal control officer cannot enter someone's home to see if an animal is being treatedproperly. The officer must first have a court order or the permission of the owner,but an officer can enter a home if the owner opens his door and the officer happens to see an abused animalinside. The officer cannot search the house for anything else. The county Planning Board will take the matter up again at the next regular meeting set for Feb. 23.Morganton - Burtke County - (2/2/09) - A county commissioners' meeting will begin at 6 p.m. Tuesday in the Board Room of the County Services Building. One of the items on the agendawill be the Burke County Animal Control Ordinance, submitted by the Burke County Friends for Animals Humane Society. Many long hours were spent on the creation of this proposal toprotect animals as well as citizens. Another action we can take is to identify and promptly report cases of animal neglect and abuse to Animal Control. This is not limited to dogs andcats, but other animals as well. Your identity will be strictly confidential.Raleigh - (2/12/09) - Hundreds of animal rights activists went to the General Assembly Thursday to ask for puppy mills to become outlawed in North Carolina. The animal rights activistsalso lobbied for two other animal rights proposals: banning the practice of tethering dogs for more than three hours a day and the penning of animals for hunting purposes.NORTH DAKOTAHB1499 - AN ACT to amend section 20.01-04-12 related to the train of gun dogsOHIOColumbus- (2/9/09) - As livestock groups and farm organizations in Indiana and Illinois monitor HSUS Humane Lobby Day activities, the Ohio Farm Bureau Federation (OFBF) is preparing for aface-to-face meeting with HSUS President Wayne Pacelle, a meeting was initiated by HSUS. “HSUS and their organizer in Ohio has had a relationship with one of our livestock specialists forsome time, reached out to him and said we’d like to visit and that meeting is on the books,” said Joe Cornely, a spokesman for the Ohio Farm Bureau Federation. As far as the agenda,Cornely isn’t sure, but he doubts Wayne Pacelle is flying to Columbus to become better acquainted. “I would expect them to talk about their goals and hear what our goals are, and thenperhaps discuss, if there can there be a meeting of the minds, or are we going to stay at opposite ends of the spectrum,” Cornely said.Franklin County - (2/2/09) - Franklin County commissioners said they never knew that their shelter gives about 400 purebred dogs a year to rescue groups. The groups pay only $12 or$24 for a county dog license. Although the shelter typically charges $117 for a dog, the same dog at a rescue group goes for $150 to $250. Even though rescue groups pay only a licensefee for the Franklin County dogs, their directors say they barely break even. Commissioners say they know too little about the rescue program to comment, but they note the lack of awritten contract as another example of why they want to hire a shelter operations expert. "It appears to me that there isn't any strong county policy in this area and it needs to bereviewed as we move forward with the building of our new, $18 million shelter," Commissioner John O'Grady said. Commissioners placed shelter Director Lisa Wahoff and AssistantDirector Craig Turk on paid leave last month amid reports from shelter veterinarians that sick and dangerous dogs were being placed for adoption.OKLAHOMAHB1332 - (AKC ALERT 2/17/09) - URGENT: Oklahoma Measure Would Restrict Movement of Breeders and Allow for Unreasonable Search and SeizureThe AKC is extremely concerned about provisions in Oklahoma House Bill 1332, as written, and urges all Oklahoma dog fanciers, owners and breeders to contact their representatives toexpress their concerns. The AKC promotes responsible dog ownership, responsible breeding practices, enforcement of cruelty laws, reasonable inspection programs and nuisanceregulations. However, HB 1332 does not improve the welfare of animals and would punish fanciers, breeders and responsible owners who participate in dog sports and/or breed inOklahoma.The AKC is disappointed that although the bill’s sponsor agreed to address concerns about this measure voiced by the AKC and its federation prior to bringing the measure to the floor,these discussions have not yet taken place.Provisions of HB 1332 would: