Tag Archives: legislation

Trinidad and Tobago: BSL to go into effect, August 2012

Posted on May 21, 2012 by | Leave a comment

We last reported on Trinidad and Tobago in May 2011. Trinidad and Tobago has had BSL in place since 2000 (regulating “pit bulls,” Japanese Tosa, and Fila Brasiliero), but the Act has never been enforced. T&T government has decided to enforce the BSL, effective August 2012.

Last year, the government was considering some revisions to the Dangerous Dogs Act, but as of today, they have decided not to revise it. The T&T Dangerous Dogs Act currently mirrors the Dangerous Dog Act of the UK, which has been a miserable failure.

The following news article also contains the text of the DDA for T&T. Click the article link (below) to read the entire article and to see the text of the DDA.

Man’s best friend in the doghouse

By CAROL MATROO Sunday, May 20 2012

Despite misgivings by various interest groups and dog lovers throughout Trinidad and Tobago, Government will apparently make the Dangerous Dogs Act law on August 1 without amendment.

The act, originally inspired by former attorney general Ramesh Lawrence Maharaj, was passed in June 2000 but was never proclaimed. It requires owners of dangerous dogs to be at least 18 years old, carry $250,000 insurance, adhere to special containment requirements, sterilisation and registration, and to apply and obtain a $500 annual licence per dog. [...]

Full article retrieved 5/21/12 from http://www.newsday.co.tt/features/0,160437.html

All alerts for T&T: http://www.stopbsl.org/?s=trinidad

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Posted in BSL Passed, Outside of U.S.

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Ohio: New statewide dog control legislation goes into effect, May 22

Posted on May 20, 2012 by | Leave a comment

Ohio’s new state-level dog control law goes into effect on May 22. The new law repeals the old one, which was breed-specific, and replaces it with a breed-neutral dog control law.

IMPORTANT: The new state-level law does NOT prohibit cities from passing or enforcing BSL and does NOT change local laws. There are many cities in Ohio that currently have BSL written into their local dog control law. Those laws will continue to be in effect unless or until city lawmakers decide to change the city law. Know your local laws!

Both the new and the old Ohio state code can be viewed here (they may remove the old code after the effective date): http://codes.ohio.gov/orc/955

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Posted in BSL Repealed, Ohio

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Maryland: Four bills filed to overturn discriminatory liability case

Posted on May 15, 2012 by | Leave a comment

Update 5/21/12: The first special session is over, so these bills are dead. However, we are hopeful that they will be refiled if a second special session is called.

Four bills to reverse parts of the Solesky court decision have now been filed during the Maryland Assembly’s special session.

While all four bills have merits, our preference is for HB 1804 / SB 1307, which not only reverses the court decision, but also prohibits MD municipalities from passing BSL. Of course, a merging of the best parts of the four bills would also be extremely agreeable. Below, I have listed the four bills and explained their effects. They aren’t identical.

Although the session agenda-setters still maintain that the special session will only tackle budget issues, it doesn’t hurt to keep asking them for help. Ask the following officials to take up HB 1804 / SB 1307 during the special session:
Governor: http://www.governor.maryland.gov/mail/
Speaker of the House: michael.busch@house.state.md.us
Senate President: thomas.v.mike.miller@senate.state.md.us

And finally, keep writing your own legislators and the sponsors of the below bills. It’s important to keep Assembly members interested in this issue so that even if it is not dealt with during the special session, it will certainly be addressed in January when the regular session begins.

HB 1804 / SB 1307

This bill would reverse the Solesky court decision that placed strict liability on “pit bull” owners simply because of the breed of dog. It would also prohibit MD municipalities from passing or enforcing BSL.

HB Sponsored By: Delegates Smigiel and Mizeur
SB Sponsored By: Senators Pipkin, Getty, Kittleman, and Reilly
Email addresses: Michael.Smigiel@house.state.md.us; Heather.Mizeur@house.state.md.us; EJ.Pipkin@senate.state.md.us; Joseph.Getty@senate.state.md.us; Allan.Kittleman@senate.state.md.us; Edward.Reilly@senate.state.md.us
Entitled: Courts – Dangerous Dog Presumption – Specific Breed Prohibition
Synopsis: Establishing that, for the purpose of determining criminal or civil liability, a dog may not be presumed dangerous or potentially dangerous solely on the basis of the breed or heritage of the dog; providing that the Act does not preclude a political subdivision from adopting or enforcing a program to control dangerous or potentially dangerous dogs if the program does not discriminate among dogs solely on the basis of the breed or heritage of the dog; applying the Act prospectively; and making the Act an emergency measure.

HB 1806

This bill would completely erase the Solesky court decision. It would not affect muncipalities’ ability to pass or enforce BSL.

Sponsored By: Delegate Kramer, Benjamin.Kramer@house.state.md.us
Entitled: Courts – Dog Bite Lawsuits – Evidence and Standard of Proof
Synopsis: Establishing that in a cause of action involving damages resulting from a dog bite, the common law rules of evidence and standard of proof that existed on January 1, 2012, are retained without regard to the breed or heritage of the dog; stating the General Assembly’s intent to overturn the ruling in a specified court case; and applying the Act prospectively.

HB 1807

This bill would completely erase the Solesky court decision. It would not affect muncipalities’ ability to pass or enforce BSL.

Sponsored By: Delegate McMillan, Herb.McMillan@house.state.md.us
Entitled: The Maryland Dog Nondiscrimination Act
Synopsis: Establishing that in a cause of action involving damages resulting from a dog bite, the common law rules of evidence and standard of proof that existed on January 1, 2012, are retained without regard to the breed or heritage of the dog; stating the General Assembly’s intent to overturn the ruling in a specified court case; and applying the Act prospectively.

 HB 1808

The Solesky court decision ruled that landlords could be held liable for injury caused by tenants’ “pit bulls” even when the injury occurred off the landlord’s property. I believe this bill would undo that decision, by placing the liability only on the person who is responsible for controlling the dog (presumably, the dog’s owner). This bill does not appear to reverse any other part of the decision. That is, it appears to leave in place strict liability for “pit bull” owners.

Sponsored By: Delegates Cardin, Bromwell, Carr, Feldman, Frush, Guzzone, Haddaway-Riccio, Hogan, Kipke, Luedtke, A. Miller, Morhaim, Reznik, Stocksdale, and F. Turner
Email addresses: Jon.Cardin@house.state.md.us; Eric.Bromwell@house.state.md.us; Alfred.Carr@house.state.md.us; Brian.Feldman@house.state.md.us; Barbara.Frush@house.state.md.us; Guy.Guzzone@house.state.md.us; Jeannie.Haddaway@house.state.md.us; Patrick.Hogan@house.state.md.us; Nicholaus.Kipke@house.state.md.us; Eric.Luedtke@house.state.md.us; Aruna.Miller@house.state.md.us; Dan.Morhaim@house.state.md.us; Kirill.Reznik@house.state.md.us; Nancy.Stocksdale@house.state.md.us; Frank.Turner@house.state.md.us
Entitled: Courts – Civil Liability for Injuries Inflicted by Dogs
Synopsis: Establishing that no person may be held civilly liable for an injury inflicted by a dog of any breed or heritage unless the person had responsibility for exercising control over the dog and was negligent in exercising that control; and making the Act an emergency measure.

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Posted in Maryland, Proposal to Repeal

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Maryland: Legislators push to overturn breed discrimination during special session

Posted on May 13, 2012 by | Leave a comment

Maryland delegates Smigiel and Mizeur have proposed a bill that would overturn the court decision that imposed strict liability on “pit bull” owners AND would ALSO prohibit Maryland municipalities from passing breed-specific laws! Read the draft bill here: http://delegatemike.com/?p=3060

The bill is currently nicknamed the Pit Bull Bill, although it obviously benefits more than just “pit bulls.” The proposed bill is a surprising one-two punch against BSL in the state.

The delegates want the bill to be introduced during this summer’s special session. This would be fairly unusual; most special sessions are very short, the focus is narrow, and there’s a limit on the types of bills considered. According to the governor, this special session was called to discuss the budget only. He does not intend to allow the so-called Pit Bull Bill to be filed or considered.

We are hopeful that the community can rally around the delegates and show their sustained support for the Pit Bull Bill throughout the remainder of the year, so that when the regular session begins in January, this bill will be filed, considered, and passed.

Thank Delegates Smigiel and Mizeur for proposing this bill, and ask them to file the bill during the regular session if they are unable to file it during the summer session: michael.smigiel@house.state.md.us; heather.mizeur@house.state.md.us

Tell your delegates that you support the Smigiel-Mizeur Pit Bull Bill: http://mdelect.net/

Finally, if you’re a legal-minded nerd like me, you’ll love this excellent analysis of the arguments and cases that were used to support the MD court’s discriminatory Tracey v. Solesky decision: http://toughlovepbr.blogspot.com/2012/05/our-breakdown-of-tracey-v-solesky.html?spref=fb

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Posted in Maryland, Proposal to Repeal

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Ontario, Canada: Final committee hearing on Bill 16, May 9

Posted on May 7, 2012 by | Leave a comment

Bill 16, which would repeal the breed ban in Ontario, will have a final hearing in the Standing Committee of Regulations and Private Bills on May 9 at 9:00 AM.

If the bill passes the committee, it will be ready for a third reading in the full Ontario Legislative Assembly—but the majority party has to call it for a third reading, and it’s not clear if that will happen.

There should be a live webcast on May 9, starting at 9:00 am, if you want to follow the clause-by-clause voting on Bill 16: http://www.ontla.on.ca/web/go2.jsp?Page=/webcast/webcast_main&locale=en&menuItem=dandp_webcast

You can read the transcripts from the previous committee hearings here:

(April 25) http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do?Date=2012-04-25&ParlCommID=8962&BillID=2552&Business&locale=en&DocumentID=26243

(April 18) http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do?locale=en&Date=2012-04-18&ParlCommID=8962&BillID=2552&Business&DocumentID=26206

All alerts for Ontario Bill 16: http://stopbsl.com/?s=%22Bill+16%22

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Posted in Canada, Proposal to Repeal

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Georgia: Effort to ban breeds reaches state legislature

Posted on April 30, 2012 by | 13 Comments

A resident of Gainesville, GA, has turned to state legislators to request a statewide breed ban. State representative Carl Rogers has agreed to help this resident pursue a statewide breed ban.

Please make sure your correspondence with Rep. Rogers and all other lawmakers is RESPECTFUL and informative!
Rep. Carl Rogers, Room 417, State Capital, Atlanta GA 30334
Phone: 404-656-5146
Email: carl.rogers@house.ga.gov
Find your other state representatives here (yeah, Georgia Assembly does not have their own legislator finder): http://www.congress.org/congressorg/officials/congress/

Residents have mixed feelings on pit bull breed

Advocates say bad owners are the problem

By Aaron Hale ahale@gainesvilletimes.com
POSTED:April 28, 2012 11:30 p.m.

[... Gainesville resident] Brannon has since written the governor and spoken to state Rep. Carl Rogers on the issue, with Rogers promising to put the issue of dangerous dogs, specifically pit bulls, before the state legislature.

“We’ve got to do something to be protective of (potential) victims, especially children, before they become victims,” he said. [...]

One local elected official said he is poised to take that a step further.

“What I promised Ms. Brannon,” Rogers said, “is we would certainly look at trying to ban the breed.”

The representative said he believes pit bull attacks are happening enough to draw the state legislature to act.

Before doing so, Rogers said he’ll bring in experts on animals and breeding, as well as victims of pit bull attacks, to talk about the problem and garner possible solutions. [...]

Full article retrieved 4/30/12 from http://www.gainesvilletimes.com/section/6/article/66835/

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Posted in Georgia, Whispers of BSL

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Oshawa, Ontario, Canada: Dog owner wins battle against breed misidentification

Posted on April 29, 2012 by | 1 Comment

After nearly two years, an Oshawa dog owner has won a legal battle with the city. Animal control identified her nonaggressive dog as a “pit bull” and scheduled it for death; she fought the breed ID in court and finally won.

Ontario Bill 16 would repeal the “pit bull” ban and put a stop to senseless legal nightmares like this. If you have not already written to Ontario lawmakers to show your support for Bill 16, please do so today. (If you have, please continue to do so.)

‘Pit bull’ dispute: Oshawa woman wins battle to keep dog from being euthanized

Alyshah Hasham, Staff Reporter

If Scarlett is a pit bull she dies, if she is a Rhodesian ridgeback-boxer cross she lives.

Differentiating the two took a year-and-a-half-long legal battle for Scarlett’s owner Jane Nolan after Oshawa animal services workers labelled the dog a pit bull when she escaped into a neighbour’s yard. [...]

Since the pit bull isn’t considered a breed of dog in Canada — it’s a generic term used in the Dog Owner’s Liability Act to ban breeds like Staffordshire bull terriers or even dogs resembling them — it can be near impossible to identify them, even for vets.

“There is no scientific basis to assess whether a dog is a pit bull or not … Veterinarians, some will identify them, some don’t feel comfortable identifying them,” said Jerry Conlin, director of municipal law enforcement and licensing in Oshawa. [...]

Full article retrieved 4/29/12 from http://www.thestar.com/news/article/1168114–pit-bull-dispute-oshawa-woman-wins-battle-to-keep-dog-from-being-euthanized

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Posted in Breed Identification, Canada, Results of BSL

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