Massachusetts HB 5092 replacing HB 1948!

Massachusetts HB 5092 Bad News For All Dog Owners
[Thursday, September 11, 2008]

In a stunning procedural move, Massachusetts House Bill 1948, which was a reasonable and non-discriminatory dangerous dog bill supported by both the AKC and the Massachusetts Federation of Dog Clubs, has been replaced by House Bill 5092, a conglomeration of many anti-dog, anti-responsible breeder, and anti-responsible owner proposals. The American Kennel Club is not only deeply concerned with the many unacceptable provisions of the bill, but is also disturbed by the procedural maneuver used to deny the concerned dog-owning citizens of Massachusetts an opportunity to state their objections to the egregious bill in a committee hearing format.

Representative Brad Hill sponsored HB 1948, the pragmatic dangerous dog bill, this legislative session. That bill was assigned to the Joint Municipalities Committee, which subsequently sent to it to "study". That action usually indicates that the bill will not be considered for the remainder of the session. However, on July 28th, part of the bill was recommitted to the Joint Municipalities Committee, which then produced HB 5092. Among the many problematic provisions to HB 5092, the most egregious include:

Imposing mandatory spay/neuter of all dogs over 12 months of age; or in the alternative, owners will have to qualify for and annually purchase an intact animal permit at a cost of up to $500 per dog.

Limiting the number of reproductive events per female dog to one litter per year, with few exceptions.

Requiring the reporting of all sales of puppies to local jurisdictions.

Eliminating the practice of humane tethering, without allowances for hunting or sled dogs.

Allowing towns and cities to impose breed-specific ordinances.

Instituting state-mandated vaccination schedules, instead of allowing vaccination schedules to be provided by, and in consultation with, a veterinarian.

Establishing unreasonable nuisance laws that can result in the forced sterilization, banishment, or euthanization of dogs.
For a copy of HB 5092, click here.

Legislative staff in Massachusetts has confirmed with the Massachusetts Federation that the House Steering, Policy, and Scheduling Committee currently has cognizance of the bill. This committee does not consider the policy of pending legislation. Instead, it acts as a manager of legislation, determining which bills will be sent to the full House for its consideration, and the timing thereof. Effectively, this means that at any time the House Steering, Policy, and Scheduling Committee will send HB 5092 to the full House for its consideration and vote, effectively denying Massachusetts citizens the opportunity to participate in the legislative process by stating their objections to the bill in a policy committee hearing!



WHAT YOU CAN DO:

It is imperative that Massachusetts residents contact the members of the Steering, Policy, and Scheduling Committee, and implore them to not send HB 5092 to the floor for a vote. Instead, encourage them to return the bill to study, or in the alternative back to the Joint Municipalities Committee for consideration and public comment on the policies contained in HB 5092.

Members of Massachusetts House Steering, Policy, and Scheduling Committee

Representative Paul J. Donato
RM. 185
State House
Boston, MA 02133
PHONE: 617-722-2960
FAX: 617-722-2713
Rep.PaulDonato@hou.state.ma.us

Representative Joyce A. Spiliotis
RM. 236
State House
Boston, MA 02133
PHONE: 617-722-2430
Rep.JoyceSpiliotis@hou.state.ma.us

Representative Paul C. Casey
RM. 238
State House
Boston, MA 02133
PHONE: 617-722-2380
Rep.PaulCasey@hou.state.ma.us

Representative James B. Eldridge
RM. 33
State House
Boston, MA 02133
PHONE: 617-722-2060
Rep.JamesEldridge@hou.state.ma.us

Representative Alice Hanlon Peisch
RM. 167
State House
Boston, MA 02133
PHONE: 617-722-2230
Rep.AlicePeisch@hou.state.ma.us

Representative Denis E. Guyer
RM. 443
State House
Boston, MA 02133
PHONE: 617-722-2460
Rep.DenisGuyer@hou.state.ma.us

Representative Tom Sannicandro
RM. 473F
State House
Boston, MA 02133
PHONE: 617-722-2210
FAX: 508-626-0692
Rep.TomSannicandro@hou.state.ma.us

Representative James T. Welch
RM. 43
State House
Boston, MA 02133
PHONE: 617-722-2030
Rep.JamesWelch@hou.state.ma.us

Representative Lori A. Ehrlich
RM. 540
State House
Boston, MA 02133
PHONE: 617-722-2090
Rep.LoriEhrlich@hou.state.ma.us

Representative Bradford Hill
RM. 542
State House
Boston, MA 02133
PHONE: 617-722-2489
Rep.BradHill@hou.state.ma.us

Representative Elizabeth A. Poirier
RM. 542
State House
Boston, MA 02133
PHONE: 617-722-2976
FAX: 617-626-0108
Rep.ElizabethPoirier@hou.state.ma.us

Massachusetts residents are also encouraged to contact their own state representative and express their vehement opposition to egregious provisions of HB 5092, and urge them to do the same. (Massachusetts residents can find out who their state representative is by clicking here.)

For more information, contact AKC's Government Relations Department at (919) 816-3720, or e-mail doglaw@akc.org.

 

typical

 

People need to start sending mail on the PC instead of other things. May not be your state now, but it will be. Glad my daughter left there....

 

UPDATE:

Massachusetts HB 5092: OPPOSED



The American Working Dog Federation (AWDF) is a national organization that exists to preserve the heritage of all working dog breeds. Made up of over 13 different breed / sport-dog organizations throughout the United States, the AWDF acts as a national advocate by providing information to legislators, the media and the public in general.




The American Working Dog Federation is made up of dog training professionals and sport dog enthusiasts. Our knowledge and expertise with canine behavior, handling and breeding has allowed us to work effectively with legislators throughout the United States. We are responsible for writing, co-authoring and structuring many successful dog ordinances across the country. Our approach is proactive and has proven successful.




Massachusetts House Bill 5092 attempts to deal with several issues involving dogs. We applaud any effort to deal with irresponsible dog ownership, but we are extremely concerned this bill will not produce the desired outcome. Instead, it will Cost the Commonwealth unnecessarily, and devastate the animal control system, after harshly penalizing itʼs responsible citizens. There are several factors that we feel are important to address.




HB 5092 suggests:



· Mandatory spay/neuter of all dogs over 12 mos.


· An intact animal permit at a cost of $500 per dog per year.


· Puppy sales must be reported to the city.




Healthy puppies and ethical breeders are few and far between. People who breed for health, structure and temperament are already financially stressed due to the costs of health testing breeding stock, pre and post natal veterinary bills, maintaining quality food and housing facilities to produce healthy stock and offspring. Most quality breeders carry on out of dedication, love and respect for their breeds, rather than for financial gain. Because of selective breeding as well as cost and time restraints, the opportunity to produce healthy puppies is already at its financial breaking point.




Under HB 5092, ethical Massachusettsʼs breeders will be penalized. Out of State commercial breeders, who are lacking ideal practices and selectivity, will benefit. Mass production of puppies with genetic defects and health problems will overflow the community, and shelters will be overpopulated with unwanted dogs simply because their owners will be unable to keep up with health costs and/ or time needed to care for their sick puppies.




Another growing problem affecting Massachusetts is the importation of dogs/ puppies from other states and even countries that do not maintain adequate standards for protection from disease. The demand for cheap and available purebred animals can bite back, growing to epidemic proportions in the Commonwealth of Massachusetts. Shelters will again over-flow with unwanted, sick, genetically ill pets.




To add insult to injury, a lack of healthy puppies, sound breeding stock and ethical breeders in the State of Massachusetts will not shake those who already thumb their noses at the current dog laws. Illegal backyard breeders will continue to flourish; their litters conveniently hidden in dark, unsanitary conditions.




It is unrealistic to expect that many litters will be reported, especially when such reports will become a matter of legal record. The AWDF fears that the backlash of HB 5092 will actually increase the problem with pet quality and overpopulation while driving ethical breeders to extinction.




· Under HB 5092, dogs could not be tethered for a long period of time.




Many pet owners throughout the Commonwealth are financially unable to provide their pets with a desirable fenced in area. If an owner wants to remain responsible by preventing his/her dog to run at large, tethering should be permitted, although, not recommended as a means of restraint. We believe that the measure of anti-tethering is unrealistic to most low-income families.




· Under HB 5092, banning of any breed of dog in any City or Town is allowed.




The AWDF vehemently opposes any breed bans. HB 5092 was written to permit personal bias and allow the misinformed to ban breeds solely on appearance. The AWDF, being a working dog organization, produces many service dogs, including search and rescue stock. The availability of dogs for such training will be devastated.




Many breeds that tend to be controversial already reside in many Massachusetts Cities and Towns and have existed harmoniously without incident. Under HB 5092, Massachusetts dog owners would be forced to give up their pets simply because someone feels a breed is dangerous.




· Under HB 5092, intact permits will be limited only to dogs that have the physical appearance of the show dog standard set by the American Kennel Club or the United Kennel Club.




Working dog breeds used for sport or herding purposes, rarely match the breed standard of either the American Kennel Club or United Kennel club. Such dogs are bred solely to excel in sport or utility, often with characteristics that sometimes differ from a dog bred for the show ring. The Belgian Malinois, for example bred for the show ring looks nothing like the Malinois bred for the trial field. Lastly, there are many other registries that represent an adverse array of rare and sport breeds. By recognizing only the AKC and UKC, HB 5092 fails to capture an adequate representation of breeding standards.




· Under HB 5092, a dog is declared a nuisance (including but not limited to: running at large, barking for a sustained time, digging, scratching or defecating off its property) it can be ordered neutered, banished, or even destroyed.




Current Massachusettsʼs laws already provide adequate means to address nuisance dogs, so long as the laws are properly enforced at the local level. The AWDF feels that the Commonwealth should not fix what isnʼt broken. The action proposed by is extreme in that a dog could be subject to neutering, banishment or euthanasia simply for defecating on a neighborʼs lawn. Itʼs foolish to believe that such would happen, but HB 5092 allows for the challenge.




· Under HB 5092, animal control personnel or those designated as such can seize or impound any animal they believe is dangerous.




As much as the AWDF applauds the efforts of animal control personnel throughout the Commonwealth, the provisions listed in HB 5092 would give these officials the right to seize property based on nothing but suspicion. As written, HB 5092 is dangerously vague and should therefore be stricken from legislative consideration.




House Bill 5092 contains a stifling list of provisions. It leaves too much room for biased interpretation and misrepresentation and punishes responsible dog ownership/ breeding practices rather than rewarding them. The AWDF understands the need for legislative efforts; unfortunately, we feel that the measures contained in HB 5092 are not proactive. We fear that it has the potential to make worse an already painful situation; therefore, the American Working Dog Federation is vehemently opposed to HB 5092 and urges the withdrawal of this bill. The responsible dog owners and voters of the Commonwealth are counting on their legislators to pave a level road for ALL to travel.

 

Please continue to send your letters and phone calls to the offices listed above. Together and united we can do a lot more than just talk about bans, we can eliminate them.

 

Bump.. Please read the opposition!!!

 

BTW. Cold Steel Pits have four different styles of pre-typed letters you can copy and fill in with your info. It only takes a minute to send one out, or 5 They are there for ppl who don't quite know what to say. So use 'em people!!!! It's Ma. now. May be where you live tomorrow.