Tag Archives: Fila Brasileiro

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.

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Missouri HB 1116 to prohibit breed discrimination on the state level passes committee

A bill in Missouri that would prohibit municipalities from enacting breed discriminatory laws has been heard by the House judiciary Committee.

HB 1116 is very simple.  The bill seeks to add an amendment to the current state code that reads: “273.195. Nothing in this chapter shall be construed to limit in any manner the authority of any village, town, or city to prohibit dogs from running at large or to further control or regulate dogs within its boundaries; provided that, no such ordinances, orders, policies, or regulations are specific to breed.”

Missouri HB 1116 has been passed out of the House Judiciary Committee.   The committee voted 13-2 for the bill.  HB 1116 now goes to the full house for a vote.    If it passes the full House, the bill will move to the Senate side, where it will go through the same process of committees and hearings by the Senate.  If it passes the full Senate the bill will then need to be signed by the Governor.

The legislative process is a long one, but it is important that residents continue to contact their Senators and Representatives expressing support for this bill.

There is currently no date set for the next reading.

Some have said that there are some legislators who have received correspondence against the bill, so it is important that those residents that support the bill reach out to their legislators and ask them to support it as well.

Missouri residents can find their specific legislators in the Senate here.  House representatives can be found here.

This post has been edited to reflect that there is no second committee hearing, as was reported by a local organization.  The bill is moving to the full House so residents should contact their Representatives to ask them to support this bill.

Georgia state level concerns

The issue of Georgia and what is happening there has been very much the topic of conversation recently.

At this point in time, there is no chance of a breed discriminatory law being introduced on the state level for the 2014 legislative session.  The deadline for filing bills has passed, and since nothing has been filed, the issue is not of concern for this year.

There is a long past to the issue of a potential breed discriminatory law in Georgia.  Most recently, the issue we are seeing with Representative Waites has taken some strange turns.

In early 2013, a very young child crawled out of their home and was attacked by seven dogs.  The two-year old child crawled out of a dog door, while unsupervised and as a result, died.

Rep. Waites had some contact with the family of this particular victim, and the conversation about breed discriminatory laws began.  Local advocates were quick to act, meeting with Rep. Waites to both oppose the idea of any breed discriminatory laws, as well as to offer help is crafting breed neutral laws.

The initial discovery was that, as is typical with many legislators, there was very little understanding of what dangerous dog laws need to contain in order to be effective.  It is not uncommon that those who seek to make these laws know little about them.  It is not something that many people deal with on a daily basis.  This is why it is important that legislators hear from those who are well versed in the civil, criminal and constitutional issues of dangerous dog laws.

What we do see with some legislators when dealing with breed discriminatory issues, is usually a base line understanding of which dogs are typically targeted.  We have been told that the Representative did not know that her own dog was considered to be dangerous in many locations, by insurance companies and designated as rescue only by an organization in her own district.

The results of these preliminary conversations were that the Rep. said she would no longer pursue a breed discriminatory law.  A note on Rep, Waites’ Facebook page from late April 2013, states that any law would be breed neutral.

From the note:

“Instead of proposing an all-out ban of dangerous dogs or on pit bulls, which could be seen as infringing on the individual freedoms of responsible pet owners across the state, I am merely proposing that those who choose to own violent and dangerous animals that have a history of violence be held responsible, considering the type of damage these animals are capable of inflicting,” said Rep. Waites. “While I am very committed to the passage of comprehensive dangerous dog legislation, I am also interest in ensuring that responsible pet owners are not unfairly targeted.” 

“I don’t think outlawing pit bulls is the way to go. However, there must be stronger laws on the books governing attacks by aggressive dogs, and stiff penalties to go with them for the owners of the dogs.   When people start seeing dog owners go to jail for irresponsible behavior, they’ll start thinking twice about keeping a potentially dangerous animal for a pet,” Added Rep. Waites.”

This line of discussion continued through June of 2013.  It wasn’t until the mother of another young child that was killed while unsupervised approached Rep. Waites that the conversation about breed discriminatory laws began again.

There are two videos on the Representative’s Facebook page.  The first, from December 12th 2013, is one where Rep. Waites has a conversation with the mother of the second victim from 2013.   During this, the Representative states very clearly that she wants to seek “bully breed” legislation on the state level.

The latest official statement made is from February 2014 video in which Rep. Waites addressing the House with a statement.  In this statement she urges the House to pass a law that would make the breeding of “pit bull animals to only licensed holders.”  This is language used frequently when a breed discriminatory mandatory spay neuter law is being discussed.  We have been told that the Representative has said on numerous occasions, even directly after saying she was in opposition to a breed discriminatory law, that a breed discriminatory mandatory spay/neuter law was of interest.  She seemed to have a particular interest in breeders specifically in these conversations.

She also states in this video that “every day a child is fatally injured by animals that were simply never ever meant to be pets.”  Not only is this statement a clear indicator of the personal bias involved in this, but it is also a complete falsehood.  Each year there are roughly 30 fatal attacks by dogs.  This number has remained steady despite both the rise in the human population and the rise in the dog population.  While each situation is tragic, there are numerous co-occurring factors involved in fatal attacks, but the breed or type of the dog is not one of them, shown once again by the latest peer-reviewed study published by the JAVMA.

This statement was accompanied by a rally, attended by roughly 15 people, including out-of-state interests.

The situation will continue to be monitored.  It has been made clear that the legislative desired of Rep. Waites changes depending on who is being spoken to, so only time will tell what, if any, actual action will be taken in the 2015 legislative session.

Representative Waites is currently up for re-election and is, at this time, running unopposed.

Thank you Jo for the additional information regarding this issue.

Maryland HB 422 would prohibit breed discriminatory laws on the state level

A bill that has been introduced in Maryland that would prohibit breed discriminatory laws on the state level is being heard by the House Judiciary Committee today.

The catalyst for this bill is likely the situation with the Maryland court of appeals ruling that found “pure breed pit bulls” to be inherently dangerous, and that landlords were to be held strictly liable if a tenants “pit bull” caused injury to some one.

HB 422 , a bill which currently has 10 sponsors, would do several things.  The first is that it would prevent municipalities from enacting dangerous dog laws on the local level that single out any one breed or type of dog.  This bill would also prohibit landlords from refusing to rent to a person based on the heritage of their dog, as well as protecting renters from eviction because of their dog.

This is the first state-wide bill to specifically address landlord discrimination in rental practices based on the appearance of the dog.  It is not surprising that this would come out of Maryland at this time, considering the issues that have arisen out of the Tracey v Solesky ruling.

The pertinent text of the bill is listed below.   

” (B) A MUNICIPALITY MAY NOT:
(1) ADOPT AN ORDINANCE PROHIBITING A PERSON FROM OWNING, KEEPING, OR HARBORING A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE; OR
(2) DETERMINE A DOG TO BE A NUISANCE, POTENTIALLY DANGEROUS, DANGEROUS, OR INHERENTLY DANGEROUS, OR OTHERWISE REGULATE A DOG BASED ON THE BREED, TYPE, OR HERITAGE OF THE DOG.

12 13–102.1. (A) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT A COUNTY FROM RESTRICTING THE OWNING, KEEPING, OR HARBORING OF A DANGEROUS DOG, AS DEFINED IN § 10–619(A) OF THE CRIMINAL LAW ARTICLE, OR A DOG THAT HAS BEEN DETERMINED TO BE POTENTIALLY DANGEROUS IN ACCORDANCE WITH § 10–619(C) OF THE CRIMINAL LAW ARTICLE.
(B) A COUNTY MAY NOT:
(1) ENACT A LOCAL LAW PROHIBITING A PERSON FROM OWNING, KEEPING, OR HARBORING A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE; OR
(2) DETERMINE A DOG TO BE A NUISANCE, POTENTIALLY DANGEROUS, DANGEROUS, OR INHERENTLY DANGEROUS, OR OTHERWISE REGULATE A DOG BASED ON THE BREED, TYPE, OR HERITAGE OF THE DOG…

(C) REGARDLESS OF THE TERMS OF ANY CONTRACT, DEED, COVENANT, RESTRICTION, INSTRUMENT, DECLARATION, RULE, BYLAW, LEASE AGREEMENT, RENTAL AGREEMENT, OR ANY OTHER DOCUMENT, A HOMEOWNER OR TENANT MAY NOT BE:
(1) PROHIBITED FROM OWNING, KEEPING, OR HARBORING A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE; OR
(2) DENIED OCCUPANCY IN OR EVICTED FROM RESIDENTIAL PROPERTY SOLELY BECAUSE THE PERSON OWNS, KEEPS, OR HARBORS A DOG OF A SPECIFIC BREED, TYPE, OR HERITAGE.”

This bill also specifically addresses current breed discriminatory ordinances, and would nullify them. This means that any and all existing breed discriminatory laws would be repealed by this bill.

Nothing in the bill prohibits any municipality, or landlord from rejecting dogs that have proven, based on their behavior, to be dangerous.

One of the largest issues effecting shelter populations of typically targeted dogs is a lack of pet friendly rentals.  This bill is an opportunity to address this problem and will set the precedent for other states to do the same, as well as repealing the long-standing breed discriminatory ordinances in Maryland.  The bill is set for its first hearing today.  Local groups have been working hard on support for this bill.

When the hearing is completed, we will know more specifically what is needed from Maryland residents in order to help support passage of this bill.

Western Australia: Service association wants stricter BSL

The misleadingly-named WA Local Government Association (which is not a government agency) is pushing for revised dog control laws that would include stricter regulations for “dangerous breeds.” It intends to survey local governments to get their ideas and perspectives (and presumably support). Western Australia already has BSL in place for the Dogo Argentino, Fila Brasileiro, Japanese tosa, American Pit Bull Terrier, and “pit bull.”

Contact info for WALGA: http://www.walga.asn.au/AboutWALGA/WALGADetailsContacts.aspx

Dog control laws ‘outdated’

Phoebe Wearne, The West Australian
June 7, 2012, 9:55 am

[…] The WA Local Government Association plans to draw councils on their views on a push for tougher restrictions on dangerous dog breeds.

[…] Mr Pickard said it was encouraging that proposed amendments to the Bill included prohibiting availability, breeding and sale of dangerous breeds, sterilisation of dangerous breeds, increased penalties for irresponsible owners and powers for local rangers. […]

Full article retrieved 6/9/12 from http://au.news.yahoo.com/thewest/a/-/breaking/13893243/dog-control-laws-outdated/

Press release from the WA Local Government Association (basically similar to the “news article”): http://www.walga.asn.au/NewsPublications/tabid/66/id/85b2f6ff-716a-4d5e-a161-ad59b20c8431/Default.aspx

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

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

Pointe Coupee Parish, LA: New animal ordinance is not BSL

Good news in Pointe Coupee Parish. The police jury passed a new animal control ordinance in early April. The parish has considered BSL in the past, and there were concerns that this new ordinance could incorporate some of the breed-specific language that was previously under consideration.

We have received a copy of the new ordinance, and confirmed that it is breed-neutral. Many thanks to the parties in and around the parish who worked to make sure that the new ordinance was not breed discriminatory.

If you would like to read the text, we noticed that the parish has not posted it online (their website isn’t very up to date). So, here it is, for your convenience: Pointe Coupee Animal and Fowl Ordinance 3_27_12

All alerts for Pointe Coupee: http://stopbsl.com/?s=pointe+coupee