Tag Archives: bill to prohibit breed specific legislation

Georgia bill to prohibit breed discriminatory laws moves forward

A bill that was introduced in the Georgia state legislature would prohibit breed discriminatory laws on the state level.

SB 184 is a relatively simple bill.  It would amend the current dangerous dog law to include the following language:

“Notwithstanding the provisions of Code Section 4-8-1, no county, municipality, or local 12 authority shall adopt any ordinance or resolution for the regulation of domestic dogs that 13 classifies based on breed.

Most importantly, the bill expressly includes language that would repeal all existing breed discriminatory laws.

Last week, SB 184 cleared the Senate and moved on to the House.  The vote of 42-11 was a decisive victory for the bill.  SB 184 has been assigned to the House Government Affairs committee.

There is a companion bill in the House, HB 124.  This bill is identical in its language to SB 184.  This bill has cleared the second reading and is moving to the Senate side.  The fact that these bills have cleared the sides of the legislature that they started on is a very good sign.  There is support for the end of breed discriminatory laws on both sides.

The passage of these bills would be a huge step.  We do not see a lot of southern states taking on the issue of breed discriminatory laws and BDL seems to be more common in the south than in the north and west percentage wise.  Not only would this bill protect the rights of residents, it would also have a huge impact on the surrounding states and open the door to consideration of similar bills in the surrounding area.

GEORGIA RESIDENTS:  It is imperative that you continue to reach out to express support for this bill.  Take the time to write your Representative a note of support for SB 184.  A list of members of the House can be found here: http://www.house.ga.gov/Representatives/en-US/HouseMembersList.aspx

You can find your specific Representative here: http://openstates.org/find_your_legislator/

The contact information for the House Government affairs committee is as follows:
Rep. Ed Rynders, Chair:  ed.rynders@house.ga.gov
Rep. Buzz Brockway,: buzz.brockway@house.ga.gov
Rep. Tyrone Brooks:  tyrone.brooks@house.ga.gov
Rep. Barry Fleming: barry.fleming@house.ga.gov
Rep. Hugh Floyd:  hugh.floyd@house.ga.gov
Rep. Mark Hamilton:  mark.hamilton@house.ga.gov
Rep. Dustin Hightower: dustin.hightower@house.ga.gov
Rep. Rusty Kidd:  rusty.kidd@house.ga.gov
Rep. Eddie Lumsden: eddie.lumsden@house.ga.gov
Rep. John Meadows:  john.meadows@house.ga.gov
Rep. Howard Mosby:  howard.mosby@house.ga.gov
Rep. Mary Margaret Oliver: mary.oliver@house.ga.gov
Rep. Larry O’Neal:  larry.oneal@house.ga.gov
Rep. Alan Powell:  alan.powell@house.ga.gov
Rep. Jay Powell:  jay.powell@house.ga.gov
Rep. Tom Taylor:  tom.taylor@house.ga.gov
Rep. Darlene K. Taylor:  darlene.taylor@house.ga.gov
Rep. Bruce Williamson: bruce.williamson@house.ga.gov

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South Dakota bill end prohibit breed discriminatory laws on the state level goes to the Governor

The South Dakota bill to prohibit breed discriminatory laws in the state, SB 75, passed the full House.

The vote was 41-28, for the bill.  SB 75 now moves to the Governor’s desk.  The Governor can either sign the bill or veto it.  If he signs it, the South Dakota will become the 18th state to outlaw breed discrimination on the state level.

This bill was passed through the process at an incredible speed.   SB 75 had its first reading on January 23rd.   The bill received a favorable vote by the Senate committee of 6-1 on January 31st and was moved to the full Senate.

The February 4th vote by the full Senate was very close.   The bill barely passed with 19 votes for and 16 against.  There was a lot of talk of opposition to the premise of the bill, but as we have seen in the past, there were some whose issue was states power versus municipal rights to self governance.

The bill comfortably passed the House committee on February 27th with a 10 to 3 vote for the bill to be moved to the full House.  On March 4th, the bill had its final House vote of 41-28.

The text of the bill is very simple.

Section 1. That chapter 40-34 be amended by adding thereto a NEW SECTION to read as follows:   No local government, as defined in § 6-1-12, may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs.”

It appears that this bill may nullify existing ordinances.  The fact that it specifics that a municipality may not maintain or enforce a breed discriminatory law points to a retro active application.

We will not know for sure until the bill is signed and applied.  Some times the language is too vague to really know the intent of the legislators until the issue of existing ordinance is raised after the bill comes into effect.

South Dakota residents should reach out the Governor Dennis Daugaard via the states website and ask that he sign SB 75 into law.

Maryland HB 422 hearing overview

The House Judiciary Committee met to hear HB 422, a bill that would prevent breed discriminatory laws on the state level.

According to the bills sponsor, the bill was submitted due to the Solesky decision.   The bill, which if it remains as is, would outlaw breed discriminatory laws on the state level, repeal existing ordinances and prohibit landlords from discriminating against tenets with certain breeds of dogs.

The bills sponsor pointed out the some of the numerous issues caused by BDL and the precedent of the 17 states that currently outlaw BDL and the additional states that are considering anti-BDL bills this year.

Right away one member of the committee raise the issue of Prince George’s County and what would happen to their ban.  The sponsor stated that it was her intention that existing ordinances would be grandfathered in, but the language of the bill does not allow for that.  The bills sponsor said that she would amend to clarify that issue.

It is important to note that the Chief of Prince George’s County Animal Management Division was present and testified in support of the bill.  He was asked to testify for the bill by the head on the Animal Management Services Division.  During what was a compelling testimony, he stated that 793 dogs were confiscated under the ban in the 2013 fiscal year.   Roughly 75% of confiscated dogs were euthanized.  $250,000 have been spent in Prince George’s County on enforcement of the ban in 2 years.  He also testified that the number one biter was either labs or cocker spaniels.  He stated that the ban has done nothing for Prince George’s County but separate well-behaved dogs from good families and that the focus needs to be on effective solutions.  He testified that the ban has not worked for Prince George’s County.

The portion of the bill which was most hotly contested was the portion relating to landlords.  Many people testified in support of the bill, with the exception of that particular portion.  Considering that the legislature has failed to address the effects of the court ruling, that particular portion of the bill would put landlords in an impossible position.  Again, amendments were suggested to remove the language pertaining to landlord discrimination.

Many people testified in support of the bill, but very oppose it.  Not surprisingly, Tony Solesky, whose son was the center point in the appeals court ruling, testified against.  There was a pattern during that day’s hearing.  There were many bills regarding dangerous dogs that were heard.  Tony Solesky testified against every single one regarding dangerous dogs, and spent the entire time focusing on breed instead of lobbying for effective solutions that have a chance of effecting change, and passing through the process.

For example, HB 371 was heard.  This bill is to strengthen the dangerous dog laws in breed neutral way.  Increasing penalties, and strengthening the requirements for those who have dangerous dogs.  Solesky testified against strengthening the dangerous dog laws because it was breed neutral and behavior based and tried to lobby for the bill to be breed based, saying that Maryland should be able to “…simply eliminate certain breeds of dogs the same way we eliminate, why wild animals aren’t allowed among us.”

This stark opposition to any form of solidifying the dangerous dog laws in a breed neutral way is confounding.  Victims are no more or less of a victim if they are attacked by one type of dog or another.  We point to this specifically in order to show that the issue is not really about public safety for the pro-BDL lobby.

Maryland legislators have heard a lot of information about the failures of breed discriminatory laws over the last few years.  Many of them come into the hearing for HB 422 extremely well versed in the failures and short comings of such legislation.

As things stand now, the committee has not acted.  Because the sponsor has said that she is drafting amendments to the bill, it is possible that the committee will not act on the bill until that is done.

Residents of Maryland please reach out and write a brief letter of support for this bill to the committee.

Joseph.vallario@house.state.md.us
Kathleen.dumais@house.state.md.us
Curt.anderson@house.state.md.us
Sam.arora@house.state.md.us
Jill.carter@house.state.md.us
Luke.clippinger@house.state.md.us
John.cluster@house.state.md.us
Frank.conaway@house.state.md.us
Glen.glass@house.state.md.us
Michael.hough@house.state.md.us
Kevin.kelly@house.state.md.us
Susan.lee@house.state.md.us
Susan.mccomas@house.state.md.us
Mike.mcdermott@house.state.md.us
Keiffer.mitchell@house.state.md.us
Neil.parrott@house.state.md.us
Samuel.rosenberg@house.state.md.us
Luiz.simmons@house.state.md.us
Michael.smigiel@house.state.md.us
Kris.valderrama@house.state.md.us
Geraldine.valentino.smith@house.state.md.us
Jeff.waldstreicher@house.state.md.us