<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 270 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>PROSECUTION 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 <strong>of</strong> dogs and the creation <strong>of</strong> a registry <strong>of</strong> 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 <strong>of</strong> dogs and cats by animal facilities under inhumane conditions; regulates the operation <strong>of</strong> commercial kennels used for breeding dogsS00518 - AN ACT to amend the general business law, in relation to prohibiting the sale <strong>of</strong> dogs born on puppy mills by pet dealersS02211 - AN ACT to amend the agriculture and markets law, in relation to the microchipping <strong>of</strong> dogs and the creation <strong>of</strong> a registry <strong>of</strong> dogsS02219 - Requires all dogs and their owners to successfully complete obedience training.NORTH CAROLINAHB27 - AN ACT to regulate the euthanasia <strong>of</strong> animals and to prohibit specified methods <strong>of</strong> euthanasia <strong>of</strong> animals.Dare County - (2/14/09) - Dare County is considering BSL. <strong>The</strong> ordinance being presented at this Board <strong>of</strong> 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 <strong>of</strong> Commissioners is meeting in a new place.<strong>The</strong> Dare County Board <strong>of</strong> Commissioners will conduct its first meeting in the newly completed annex <strong>of</strong> the County Administration Building on Monday, February 16. <strong>The</strong> meeting willbegin at 5 p.m. <strong>The</strong> Administration Building is located adjacent to the Dare County Justice Center at 954 Marshall C. Collins Drive in Manteo. <strong>The</strong> government complex is situated at thenorthwest corner <strong>of</strong> the Highway 64 and NC 345 intersection.For additional information and contacts, click HERE.McDowell County - (1/27/09) - <strong>The</strong> 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 <strong>of</strong> dangerous ones, how animals should be confined, rabies control, the unlawful killing <strong>of</strong>animals, the euthanization <strong>of</strong> 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. <strong>The</strong> county's animal control<strong>of</strong>ficers will enforce the proposed ordinance by issuing civil penalties. For the first <strong>of</strong>fense, the owner <strong>of</strong> the animal will get a $50 fine. <strong>The</strong> 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 or<strong>of</strong>fense, the owner or keeper will pay a civil penalty <strong>of</strong> $400.During Monday's meeting, some Planning Board members said they were concerned that the proposed ordinance might be too restrictive. "Most <strong>of</strong> this is going to be open to interpretation bythe Animal Control <strong>of</strong>ficer to use his better judgment." <strong>The</strong> proposed rules cover nuisance animals. An animal control <strong>of</strong>ficer cannot enter someone's home to see if an animal is being treatedproperly. <strong>The</strong> <strong>of</strong>ficer must first have a court order or the permission <strong>of</strong> the owner,but an <strong>of</strong>ficer can enter a home if the owner opens his door and the <strong>of</strong>ficer happens to see an abused animalinside. <strong>The</strong> <strong>of</strong>ficer cannot search the house for anything else. <strong>The</strong> 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 <strong>of</strong> the County Services Building. One <strong>of</strong> 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 <strong>of</strong> this proposal toprotect animals as well as citizens. Another action we can take is to identify and promptly report cases <strong>of</strong> 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 <strong>of</strong> animal rights activists went to the General Assembly Thursday to ask for puppy mills to become outlawed in North Carolina. <strong>The</strong> animal rights activistsalso lobbied for two other animal rights proposals: banning the practice <strong>of</strong> tethering dogs for more than three hours a day and the penning <strong>of</strong> animals for hunting purposes.NORTH DAKOTAHB1499 - AN ACT to amend section 20.01-04-12 related to the train <strong>of</strong> 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 <strong>of</strong> 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 <strong>of</strong> the minds, or are we going to stay at opposite ends <strong>of</strong> 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. <strong>The</strong> 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 <strong>of</strong> awritten contract as another example <strong>of</strong> 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 <strong>of</strong> our new, $18 million shelter," Commissioner John O'Grady said. Commissioners placed shelter Director Lisa Wah<strong>of</strong>f 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 <strong>of</strong> Breeders and Allow for Unreasonable Search and Seizure<strong>The</strong> 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. <strong>The</strong> AKC promotes responsible dog ownership, responsible breeding practices, enforcement <strong>of</strong> cruelty laws, reasonable inspection programs and nuisanceregulations. However, HB 1332 does not improve the welfare <strong>of</strong> animals and would punish fanciers, breeders and responsible owners who participate in dog sports and/or breed inOklahoma.<strong>The</strong> 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 <strong>of</strong> HB 1332 would:
<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 271 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong> Duplicate existing federal laws and also require that anyone who is a breeder, person, firm, corporation or other association that qualifies and is certified as a breeder, dealer,animal rescue, out-<strong>of</strong>-state dealer/breeder, shelter, or retail pet store that sells, gives away, or transfers a cumulative total <strong>of</strong> 25 or more animals <strong>of</strong> any age in any one (1) calendarbe subject to licensure and inspections that mirror USDA standards. This includes all animal rescue organizations that utilize foster homes if they transfer more than 25 animals percalendar year, but excludes all shelters. Stipulate that out <strong>of</strong> state breeders cannot transport animals in Oklahoma without a state license. Although substitute bill provisions allow for the exclusion <strong>of</strong> those who participatein dog shows and field trials, it does not cover those who travel into Oklahoma for other dog-related events such as training sessions, matches, hunting activities and publiceducation events that are not classified as a dog show or field event. Require the Oklahoma Department <strong>of</strong> Agriculture to develop and implement regulations pertaining to this bill, but does not guarantee public input or representation fromstakeholders. Experts and responsible breeders should be consulted in the development and implementation <strong>of</strong> such regulations. Provide for warrantless search and seizure by poorly-defined enforcement personnel. <strong>The</strong> measure states, “Oklahoma Department <strong>of</strong> Agriculture, Food and Forestry personnel andagents shall have the right to enter the premises <strong>of</strong> an individual or facility and conduct inspections.” <strong>The</strong> bill language does not define an “individual”. This appears to leave thedoor open for those that do not qualify to be subjected to unwarranted searches and seizures. <strong>The</strong> legislation should state specifically that inspections/searches pertain to onlythose that are applicants and/or licensees. Provide no element for public education or consumer protection and attaches all the responsibility to breeders. It provides no incentives for those who follow ethical guidelinesestablished by parent breed clubs, or obtain health and genetic testing to ensure consumers have healthy quality family pets. Responsible breeders follow ethics guidelines andexisting federal laws. Rather than to bring substandard kennels up to par, HB 1332 will cause them to hide from regulators, making identification and enforcement nearly impossible.HB 1332 continues to impose punitive measures that duplicate federal efforts. This bill will have a negative impact on responsible breeders with valid USDA licenses, those that visitOklahoma for recreation and legitimate organizations that provide a valuable rescue services to animals.<strong>The</strong> AKC and its federation encourage animal advocates to look for solutions to community pet issues. However, HB 1332 as amended cannot solve the issues <strong>of</strong> producing healthy pets forconsumers and eliminating substandard breeding practices.What You Can Do: Contact your representative in the Oklahoma General Assembly and ask him or her to oppose HB 1332. To find out who represents you in the Oklahoma State Legislature select theaddress tab found at this link. http://www.okhouse.gov/Members/MemberListing.aspxMidwest City - A Midwest City family has won their legal battle to reverse a city ordinance against certain types <strong>of</strong> dogs.Tulsa - (2/4/09) - Oklahoma farm and livestock groups are making a pre-emptive strike against animal rights activists. On the heels <strong>of</strong> a California initiative passed by voters inNovember, a handful <strong>of</strong> farm groups — backed by key Oklahoma lawmakers — are trying to pass a bill that would give the Legislature the exclusive right to make laws about farm animaltreatment. "In an ag state like Oklahoma, the Legislature knows how best to take care <strong>of</strong> the animals," said Rep. Don Armes, R-Faxon, chairman <strong>of</strong> the House Agriculture and RuralDevelopment Committee and sponsor <strong>of</strong> the House version <strong>of</strong> the bill.OREGONHB2470 - Prohibits owning, possessing, controlling or having charge <strong>of</strong> more than 25 sexually intact dogs aged four months or older. Imposes conditions for owning, possessing,controlling or havingcharge <strong>of</strong> 10 or more sexually intact dogs aged four months or older. Creates exceptions. Makes violation subject to maximum penalty <strong>of</strong> six months' imprisonment, $2,500 fine, or both.Imposes requirements and prohibitions on pet dealers selling, bartering or exchanging dogs. Provides customers <strong>of</strong> pet dealers with specific remedies if dogs have diseases, illnesses,adverse conditions or adverse congenital or hereditary defects. A BILL FOR AN ACT Relating to dogs. 2/3/09 - referred to Consumer Protection:CONSUMER PROTECTION COMMITTEE - OREGONPaul Holvey, Chair - DCapitol Phone: 503-986-1408Capitol Address: 900 Court St NE H-275, Salem, OR, 97301Email: rep.paulholvey@state.or.usChuck Riley, Vice-Chair - DCapitol Phone: 503-986-1429Interim Phone: 503-579-8302Capitol Address: 900 Court St NE, H-274, Salem, OR, 97301Interim Address: 250 NE Hillwood Dr. , Hillsboro, OR, 97124Email: rep.chuckriley@state.or.usJim Weidner, Vice-Chair - RCapitol Phone: 503-986-1424Capitol Address: 900 Court St. NE, H-387, Salem, OR, 97301Email: rep.jimweidner@state.or.usBrent Barton - DCapitol Phone: 503-986-1451Capitol Address: 900 Court St. NE, H-386, Salem, OR, 97301Email: rep.brentbarton@state.or.usJean Cowan - DCapitol Phone: 503-986-1410Interim Phone: 541-867-4233Capitol Address: 900 Court St. NE, H-376, Salem, OR, 97301Interim Address: 3101 SE Ferry Slip Rd #322, Newport, OR, 97365Email: rep.jeancowan@state.or.usVic Gilliam - RCapitol Phone: 503-986-1418Capitol Address: 900 Court St. NE, H-389, Salem, OR, 97301Interim Address: PO Box 158, Silverton, OR, 97381Email: rep.vicgilliam@state.or.us
Change language