AKC's Canine Legislation

Phil Guidry, JD; Legislative Analyst, American Kennel Club

 

Responsible breeders from throughout the United States are under legislative assault. At the state and local levels of government, a continuous stream of onerous legislation-including mandatory spay/neuter laws, breed-specific legislation, overbearing dangerous dog laws, and breeding limits---continues to erode the rights and freedoms of responsible breeders and owners. With members spread throughout all 50 states, parent clubs can playa vital role both in the legislative process and the legislative empowerment of its members.

 

This presentation provides an overview of the types of legislative issues facing breeders today along with necessary tools and strategies that enable the purebred dog community, particularly parent clubs, to favorably impact the outcomes of pending state and local canine legislation.

 

Biographical Profile

 

As the Canine Legislation Department's Legislative Analyst, Phil Guidy evaluates legislation (mostly at the state level) for content, context, and legislative intent, and provides reasoned legal opinions regarding the potential impact of proposed legislation on the purebred dog community. He holds a Juris Doctor in Civil Laws degree from Loyola University-New Orleans College of Law, where he served as a student ambassador and co-authored an April 2003 article regarding legal ethics that was published in the American Bar Association's journal The Young Lawyer©. He is also a member of Phi Alpha Delta legal fraternity. Phil's AKC experience began in the summer of 2002 when he participated in AKC's Summer Intern Program. He returned to AKC in early 2006 as a member of the Internal Consulting Group, and joined the Canine Legislation Department in January 2007. He is a member of AKC's Community Events Team, and is co- chairman of Raleigh, North Carolina's 2007 Responsible Dog Ownership Day.

 

In 1990, Phil began his longtime involvement in the sport by competing in junior showmanship, the highlight of which was representing the United States in the International Junior Handler Finals at the 1994 Crofts Dog Show in England. He is a breeder/owner/handler of cocker spaniels, and is a past President of the Louisiana Kennel Club.

 

Currently, Phil is monitoring and addressing approximately 350 state bills and proposed local ordinances, including California Assembly Bill 1634 and Pennsylvania's breeder regulation proposals. Additionally, Phil is engaging in research regarding the potential negative implications of animal guardianship regimes.

AKC’s Canine Legislation – conference notes

 

Assault – “The threat … of force on another that causes that person to have a reasonable apprehension of an imminent harmful or offensive contact”

 

“The threat … of force on another that causes that person to have a reasonable apprehension of an imminent harmful or prohibition of his or her rights…”

 

PETA’s budget of $30 million

HSUS has a budget of over $150 million

 

Overview of political process

            At odds – responsible dog ownership – animal rights (PETA/HSUS)

            Politics is cyclical – make good public policy – re-election – gain power in the institution

                        Good legislation benefits us all – but what is good policy?

                        Canine/animal laws are on the back burner of most political arenas

                                    Breed specific laws are a direct result of animal attack

                                    Spay/neuter laws are direct result of perceived overpopulation

Legislative issues

            Dangerous dogs

                        It is about the deed not the breed – avoid BSL

                        Injury to both animals and humans?

this includes being menacing to another animal – herding, hunt tests, etc

                        Procedural due process – make sure an appeals process is available

                        Determine outcome of designation

                        Establish care and conditions

Cruelty to animals

            Misdemeanor or felony?

This needs to be carefully defined.  Misdemeanor in some places is as simple as having dogs in the car while packing after a dog show.

            Clear definitions?

                        Tethering – perfectly ok in sled/hunt dogs

AKC’s stance - it can be practiced humanely; however, when inhumane it should be handled with the laws already in the books.

                        Cropping/docking – need to watch what is going on in Europe

            Minimum Care Conditions

            Procedural due process rights addressed?

Guardian vs Owner

-Would change animals from being property and elevate them to “quasi” personhood

-Right now, we can argue under property laws, that to argue s/n laws, we can argue that the property value of our dogs is being altered.

-If dogs are no longer property, your rights to do what you want with your dog will be regulated and possible seizure of your dogs.

Consumer protection

                        Who is covered?

                        What is covered?

                        Time period – how long will the government make you guarantee the dog?

                        Remedies – vet costs and expenses?

                        *both breeders and consumers need to be protected

*can be used as a tool for responsible breeders to educate consumers about clearances, health checks, etc

            Homeowner’s insurance

                        -Coverage should be determined on deed, not the breed

-Companies should only be allowed to raise rates or refuse coverage if a dog has been deemed dangerous based on existing law

                        -Resource Center: www.akc.org

            Breeding restrictions

                        Mandatory Spay/Neuter Laws

                                    License differentials for unaltered pets

                                                Usually local

                                    Shelter sterilization laws

                        Breeder Permits

                                    License to breed (litter permits)

                                    Limit amount of breedings a year

                        AB1634

                                    -Purported problem – pet overpopulation

-Required mandatory spay/neuter of all dogs; or breeders, if dogs qualify, must annually purchase a potentially expensive permits for each intact dog.

-Status: Pulled from Senate Local Government Committee Sponsor but it is set to be reintroduced sometime in January.

                                    -94% of AKC registered dogs in California would have been affected.

                        San Antonio – Breeder permits

-Owners of intact dogs would need to purchase a $50 intact animal permit, in addition to their annual license

-Annual license fees would be raise to $10 for altered pets and $75 for unaltered pets

-A litter permit would need to be purchased within 10 days of birth of litter or subject to seizure.  Would be limited to one litter a year.

            Nuisance – barking, etc

            Limit laws – number of dogs allowed, etc

           

AKC Efforts

            AKC’s Public Education and Canine Legislation Departments

                        Canine Legislation Dept – 919-816-3503, doglaw@akc.org

State Federations – local PACs

            Local Dog Clubs

            Individuals – please report local issues to AKC legislative department

            National Specialty Clubs

                        -Encourage members to adopt a legislative agenda as a part of regular operations

                        -Advocate for members on state or federal issues

                        -Get members to pay attention to local news – stay in front of stories and issues

-Encourage members to know their local and state officials and legislative process before issues are the hot topic

                       

AKC Resources

            -“Taking Command” e-newsletter – possibly become a closed blog

            -Legislative Alerts

            -Bill/Ordinance analysis

            -Assistance/intervention in the legislative process

            -Outreach capability to AKC constituents via email

            -Brochures and packets are available

                        Packets:

Dangerous dogs/BSL

                                    Preventing Breeding Restrictions

                                    Consumer Protection/Puppy Lemon Laws

                                    Dogs in Park

                                    AKC Position Statements

                                    Organizing State Federations

                        Brochures:

                                    Make Your Contact Count

                                    Financial Impact of Dog Shows