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 280 of 3307/5/2010should know is necessary to prevent an animal from suffering’. This bill is pending, scheduled for a 2009 session.MA HB 77 - Animal Cruelty PenaltiesThis bill adds ‘torture’ to the definition of animal cruelty and creates monetary fines in addition to imprisonment as a penalty. This bill is pending, scheduled for a 2009 session.MA HB 4360; & HB 1546 - Protective OrdersThis bill allows a person suffering from abuse by an adult or minor family or household member to request protection for any companion animal or companion livestock owned,possessed, leased, kept, or held by either party or a minor child residing in the household.MA HB 1546 allows a person suffering from abuse by an adult or minor family or household member to request protection for any animal owned, possessed, leased, kept, or heldas a pet by either party or a minor child residing in the household. The bill is pending, scheduled for a 2009 session.MA HB 1940, 1948, 1993, 2000, 2004 - Dangerous DogH.B. 1940: Establishes an 11-day period for the relocation of a dangerous dog.H.B. 1948: A dog may not be declared potentially dangerous or vicious if the person who sustained the injury or damage was committing trespass or other torts, or was teasing,tormenting, abusing or assaulting the dog, or was attempting to commit a crime.H.B. 1993: The owner of a dog that is determined vicious shall reimburse the city or town for all costs that the dog incurs for housing and care during its impoundment andappeals process.H.B. 2000: A dog deemed vicious must have done damage to either the body or property of any person.MA HB 751 & SB 1167 - Spay and Neuter of CatsThis bill requires that all cats over the age of six months be spayed or neutered, unless the owner of such cat(s) possesses a permit for such exemption. This bill is pending,scheduled for a 2009 session.MA HB 1583 - Pet TrustsThis bill allows for the creation of pet trusts. This bill is pending, scheduled for a 2009 session.MA HB 147 - Basic Pet CareThis bill requires that all pet shops provide free basic pet care information on all mammals, birds, fish, reptiles, and amphibians sold on the premises. The bill is pending,scheduled for a 2009 session.MA SB 224 - Warranty for Dogs and CatsThis bill requires pet shops to cover veterinarian costs of up to $2,000 to treat a dog or cat, or provide a substitution, or provide a full refund (of the purchase price) to anypurchaser who within 14 days has the animal examined by a veterinarian, where the exam denotes that the animal has a congenital disorder. The purchaser must present theanimal and veterinarian's statement within two business days of the examination. The bill is pending, scheduled for a 2009 session.MA SB 1197 - Regulation of Animal SheltersThis bill requires shelters and rescue organizations to register with the state of Massachusetts, keep records, and isolate animals coming from outside the state. It also allowsshelters and rescues to partner with pet shops and pet supply stores to adopt out animals. The bill is pending, scheduled for a 2009 session.MA SB 1787 - Spay/Neuter FundThis bill creates a (voluntary tax check off) fund, from which will assist residents with affordable spays/neuters for their dogs and cats. The bill is pending, scheduled for a 2009session.MA SB 2450 - Animal ControlThis bill requires all dogs or cats brought into or sold in the Commonwealth to be accompanied by an official health certificate issued by an accredited veterinarian; increasesfines; improves mandatory spay/neuter laws. The bill is pending, scheduled for a 2009 session.MA HB 957 - Prevents Breed-Specific Insurance DiscriminationThis bill prevents breed-specific insurance discrimination. The bill is pending, scheduled for a 2009 session.MA HB 1941 - Pet Shops and Puppy MillsThis bill requires pet shops to list on the cage of each dog, the state of origin of the dog offered for sale, establishes a toll free number for the reporting of sick animals, to beprominently displayed in all licensed pet shops. Failure to obtain a license will result in a fine of $5,000. Breeder will be issued an immediate cease and desist order until suchtime as the proper license has been obtained, which may require an inspection of said breeder's premises.MA SB 2002 - Treatment of ElephantsThis bill prohibits any person who houses, possesses or travels with elephants in Massachusetts, to use any implement that would result in physical harm or keep the elephantsconstantly restrained by chain or similar device. The bill is pending, scheduled for a 2009 session.MA SB 2273 - Internet HuntingThis bill prohibits Internet hunting. This bill is pending, scheduled for a 2009 session.S2624 - was S2450 - 2008, which would, among other things, prohibit cities and towns from declaring a dog dangerous based solely on its breed. S 2624 was engrossed (passed the Senate)and was sent to the House Ways and Means committee on 12/22/08.Boston - (1/11/09) - Massachusetts' animal anti-cruelty laws are being updated for the Internet age. Under a bill signed by Gov. Deval Patrick, anyone who creates images or moviesof animal fights and posts them on the web now faces a fine of up to $500 or a year in prison. The penalties extend to anyone who buys or rents the images. Anyone found selling the images faces a $1,000fine or two years in prison. The law also toughens the state's existing penalties for those who sponsor or attend animal fights. Those penalties jump from $250 and a month in prison to a $1,000 fine and upto five years in prison.Groton - (1/9/09) - To make it easy for dog owners, the town clerk's office will be including a dog registration form in the same mailing as town census forms to be sent out in the comingweek. "We keep the information in a database," said Bouchard. All dogs are required by state law to be registered with the town in which they reside. Dog owners must have proof of acurrent rabies vaccination for their dog(s), or have unexpired rabies information on file with the town. "State law and the Groton town ordinances give the authority to register a dog with anormal fee of $10 for a neutered or spayed dog and $15 for an unaltered dog," said Bouchard. "Groton's bylaws authorize a late fee of $15 to dog owners with pets that are not registered byMarch 1. That's in addition to the regular registration fee. Residents over 70 can register their dogs for free. So we certainly encourage people to recognize the need for public safety and toregister their dogs before March 1."Lowell - (1/14/09) - An hour of passionate lobbying from animal advocates convinced the City Council to delay a vote on a proposed pit-bull ordinance last night. The ordinance, patternedafter similar laws adopted by the Boston City Council in 2004, restricts dog owners to a maximum of two pit bulls per residence, with the exception of puppies less than 9 weeks old; pit bullsmust be properly registered and licensed, spayed or neutered, and muzzled when off the owner's private property; they will also be prohibited from the city dog park. Pit-bull owners wouldbe required to post a "Beware of pit bull" sign on their residence that is visible from the roadway and would not be allowed to keep the windows of their homes open, for fear that the dogmay jump through the screen. Those who violate the ordinance will be fined $200 for the first offense and $300 for each subsequent offense. The Council voted unanimously to delay the votein order to take representatives from the MSPCA, Humane Society, Lowell Unleashed and others up on their offer to work with the city to formulate an ordinance that will work best for all
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 281 of 3307/5/2010residents.Newton- (1/15/09) - The Board of Aldermen next week will take up a proposal to set the fine at a flat $50 for violating city leash laws. The fine used to be graduated per offense, startingat $25 and moving up to $35, but the advent of dog parks means residents have less of an excuse to break the law, according to Alderman Marcia Johnson. Police previously told aldermenthat current fines were not enough to deter unleashed dogs.MICHIGAN - 2009 Legislature opened Jan 14, 2009Jackson County - (1/17/09) - Commissioners Tuesday will review a committee's report that recommends the sheriff continue to supervise Animal Control's enforcement operations, butsuggests that management of the animal shelter be transferred to county administration. "The sheriff's responsibility will end at the front door of the shelter," said county Commissioner EarlPoleski, chairman of the committee. County Administrator Randy Treacher said he will suggest shelter operations be turned over to the county Health Department if commissioners decide tofollow the committee recommendation.MINNESOTA - 2009 Legislature Session opened Jan 6, 2009SF0007 - A bill for an act relating to animals; providing standards of care for dog and cat breeders; authorizing rulemaking; providing criminal penalties; appropriating money; proposingcoding for new law in Minnesota Statutes, chapter 347.Referred to Agriculture and Veterans CommitteeBurnsville - (1/15/09) - City Hall was peppered with e-mail from all over the country from people rooting for the boy after he and his family learned Burnsville did not allowthe birds. A neighbor had complained about the boy's seven chickens, prompting an animal control officer to visit the Remund home in September. At a council meeting inOctober, Stefan pleaded with the council and soon became a chicken-owning celebrity. He gave interviews to newspapers and a radio station. And he gave three of his chickensto an Arden Hills girl whose chickens had been killed by a dog or other animal. Tuesday night, the boy perched nervously on the edge of his chair as city leaders discussedchanging the city ordinance to allow chickens.St. Paul - (1/5/09) - Pet breeding: Several Minnesota groups hope to convince the Legislature to ban puppy mills. The proposed legislation would give the state the authority tolicense, inspect and regulate the dog- and cat-breeding industry in Minnesota or delegate that authority to a city or county. At least two groups – AnimalFolksMN and Animal Ark,a no-kill animal welfare organization – are publicly supporting the proposal.Tower - (1/15/09) - Keeping five cats puts Edwards in conflict with the city’s animal control ordinance, which limits the number of cats at a Tower house to three. She came tothe Tower City Council in December, bringing along one of her disabled cats, asking for an exemption to the city ordinance, but the council was unwilling to grant that request.The council directed the Breitung Police to allow the cats to remain while the issue was being settled. At January’s meeting, the council looked over a sample ordinance thatwould provide a new type of animal license, called a multi-pet residence license. The council took no action on the ordinance, but will look at ways to adapt the ordinance forTower.Twin Cities- (1/13/09) - Despite putting the puppy mill issue on the cover of its winter promotional magazine and encouraging supporters to endorse its Puppy and Kitten Mill Bill, the AnimalHumane Society refused to discuss the details of its proposed legislation. Spokeswoman Laurie Brickley said in early December that the organization is still working with its partners to finalizethe language. In promotional materials, AHS indicates that they are reintroducing a bill they worked on last year that would set care standards at commercial breeding facilities, increaseinspections, and require state licensing. For months, staff at Animal Ark has worked with the Minnesota Purebred Association and state veterinary groups to tackle the program strategically."If you take the idea that all breeding is bad, then you have cut out a very critical and important stakeholder with a large voice at the Legislature," says Fry. "The small breeders are veryresponsible and most have the same desires and goals that we do. The failure to include them in the planning for previous bills has really been bad. It's caused massive opposition, yet that'swhat they keep doing over and over again, and that's why they keep failing and failing." Instead of defining commercial breeding facilities with a number, Animal Ark's bill would work tofinance and enforce current state cruelty laws.MISSISSIPPINo Report for MississippiMISSOURI - State Legislature began January 7. 2009State Rep. Jim Viebrock (12/27/08) - plans to resurrect a controversial bill requiring a veterinarian to inspect farm animals suspected of being abused beforeauthorities can impound the animal. This will be the fourth straight year Viebrock has pursued reforms to the way state and local government authorities can seizeanimals from an owner when there are allegations of abuse. Viebrock, R-Republic, said he intends to file the bill for the 2009 legislation session, which begins Jan.7. By bringing in an impartial state veterinarian from the Department of Agriculture to inspect an animal, Viebrock's bill aims to curtail abuse of the system by someanimal rescue groups that reportedly inject themselves into alleged abuse cases for the chance to sell and profit from the animals. "People believe that the animalrights activists are all good-natured, big-hearted people," he said. In some cases in Missouri and across the country, Viebrock said, owners have been acquitted ofanimal abuse charges, but their herds have already been sold off by the government or given away to animal sanctuaries.Fayette - Proposed BSL to be voted on, Jan. 6, 7 PM. Fayette city clerk, the Board of Aldermen will vote on a proposed pit bull ban during the Jan. 6 council meeting. UPDATE: city councilunanimously passed an ordinance banning "pit bulls" at the city council meeting on Tuesday, January 6, 2009. The ordinance has a grandfather clause, and those who already own pit bullswill be allowed to keep their dogs as long as they are registered with the city and "properly controlled."Pilot Grove - At the December meeting, the city council had instructed Mayor Dennis Knipp to have city counselor Mike Conway draft an ordinance banning five different breeds ofpotentially vicious. New ordinance would ban five of those. They include: • Pit bull; • Chinesischer Kampfhund (Chinese fighting dog), otherwise known as a Shar Pei; • Chow; • Doberman;and • RottweilerMONTANA - 2009 Legislature Session opened Jan 5, 2009HB 191 - A BILL FOR AN ACT ENTITLED: "AN ACT REGULATING PIT BULLS; PROHIBITING OWNERSHIP OF PIT BULLS AFTER A CERTAIN DATE; ALLOWING EXCEPTIONS; AND PROVIDING ANIMMEDIATE EFFECTIVE DATE." Referred to Committee on Local Government - 01/07/2009 UPDATE: (1/17/09) - The Local Government Committee has scheduled the hearing for Montana HB191, which will ban pit bulls statewide. When: Thursday, Jan. 22, 3 PM Where: Room 172Billings - (1/3/09) -Some cases similar to the confiscation of the around 200 dogs in Ballantine have led to action in the state legislature. A Missoula representative is now calling for inspections of commercialdog breeding facilities, saying it would stop puppy mills in Montana. Dave Pauli of the Humane Society of the United States helped out last week and also aided in confiscating nearly 100 dogsfrom Linda Kapsa's property in 1992. Pauli and Representative Dave McAlpine of Missoula wrote a bill that would require annual inspections of commercial dog breeding facilities. A similar bill
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