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2008: The Legislative Year in Review
The sun has set on 2008, and animal advocates throughout the United States have plenty to celebrate. Humane legislation continues to gain legitimacy in the halls of power, and mighty new allies in the media—like Oprah Winfrey and Miley Cyrus—helped the ASPCA broaden our reach and share our anti-cruelty message with countless pet-passionate people—including lawmakers.
At the end of 2007, we predicted that the Michael Vick dog fighting scandal would lead to a swath of new anti-fighting and felony-level cruelty legislation in 2008. Thankfully, we were right! Animal fighting was a hot-button issue in 2008, with more than 10 states passing new animal-fighting laws or upgrading their old ones. Encouragingly, Virginia, the state that was home to Vick’s “Bad Newz Kennels,” led the way by passing three separate laws addressing various aspects of animal fighting, including penalties for spectators.
Read on to learn about some of the coolest laws passed for animals in 2008 and see what types of bills succeeded in multiple states.
2008’s Greatest Hits (some of our favorite new laws):
United States of America
2008 U.S. Farm Bill—Puppy Importation
Effective: October 1, 2008
To combat the scourge of foreign puppy mills—where conditions are even worse than in our stateside puppy mills, if you can imagine such a thing—the ASPCA successfully fought for an amendment to Congress’s 2008 Farm Bill that prohibits the importation of dogs into the U.S. unless the dog is at least six months of age, in good health and fully vaccinated. It is our hope that this ban will result in fewer dogs and American families suffering the heartbreak that often results from unregulated overseas breeding.
Arizona
HB 2485—Unlawful Public Sale of Animals
Effective: September 29, 2008
HB 2485 banned the sale of animals on Arizona’s public highways, streets and parks, and on commercial/private property without the property owner’s consent. Many animals sold in this fashion are bred and raised in poor conditions—and since they typically are not spayed or neutered, they contribute to the overpopulation that leads to thousands of homeless animals being euthanized in the state each year. This new law, which contains exemptions for rescue groups and humane societies, eliminates the profit motive from people who sell sick animals and protects consumers from unscrupulous breeders.
California
Prop. 2—The Standards for Confining Farm Animals Act
Effective: January 1, 2015
With the Election Day passage of ballot proposition 2, the State of California received an overwhelming public mandate to put a stop to some of the worst abuses in factory farming. The Standards for Confining Farm Animals Act will ban the practice of confining veal calves, breeding pigs and laying hens in cages and crates so small that they cannot turn around, lie down, stand up or fully extend their limbs. This legislation champions the principle that all animals deserve humane treatment, including those raised for food. Way to go, Californians!
California
AB 2949—Animal Abandonment Due to Foreclosures
Effective: January 1, 2009
AB 2949 was crafted from the winning idea in Assemblyman Mark DeSaulnier’s annual “There Oughta Be Law” contest. This timely bill, now law, addresses a tragic consequence of the 2008 subprime mortgage crisis—pets being abandoned in foreclosed houses. Because assessors of deserted homes are usually directed to leave property, which includes pets, untouched until the foreclosure process is completed, countless deserted pets have suffered and died needlessly. AB 2949 remedied this situation by requiring anyone who finds pets left behind in foreclosed properties to notify animal control officials. This law is the first of its kind in the nation.
Colorado
HB 1185—Mandatory Spay/Neuter of Shelter Animals
Effective: January 1, 2009
This law requires all licensed animal shelters and pet animal rescues in Colorado to spay/neuter cats and dogs before adoption (with exceptions for health reasons). The ASPCA is a strong supporter of mandatory spay/neuter of shelter animals—it is a huge step toward ending pet overpopulation and achieving a future when no healthy pet will be euthanized due to lack of a home.
Delaware
HB 216—Animal Fur Labeling
Effective: June 1, 2010
Although a federal bill that would have required all fur garments to be accurately labeled stalled in Congress, the State of Delaware succeeding in passing a fur-related bill of its own—which might be even more effective than the federal proposal, because it holds merchants (rather than manufacturers) responsible for being truthful. HB 216 requires retail consumers to be informed, prior to purchase, when apparel contains real animal fur, regardless of the item’s price or the value of the fur. Merchants who fail to comply with this new law face a civil penalty of $200 per violation.
Illinois
HB 5076—The “Good Samaritan” Bill
Effective: August 20, 2008
This bill contains what are known as “Good Samaritan” provisions to protect individuals, including veterinarians, who rescue or provide care for injured animals during emergencies or disasters from subsequent lawsuits. The bill also clarifies the statute of limitations for violations of the Humane Care for Animals Act. The ASPCA spearheaded this legislation, which passed both the Illinois House and Senate unanimously.
Louisiana
HB 286—Dog Fighting Penalties
Effective: August 15, 2008
HB 286 was a rather comprehensive anti-dog fighting bill—pretty good for a state that only got around to outlawing cockfighting in 2007! The new law provides that anyone found guilty of dog fighting, owning a dog fighting facility, advertising dog fighting, keeping dogs or paraphernalia for dog fighting or attending dog fighting events will be fined or imprisoned. It also comes down on those who attend dog fights by establishing that spectators will face the same newly increased penalties faced by participants. The bill passed unanimously in both houses.
Massachusetts
Question 3—The Greyhound Protection Act
Effective: October 1, 2010
The greyhound racing industry in Massachusetts had proven itself incapable—or unwilling—to treat dogs humanely, so on Election Day, citizens stepped up and ordered a shutdown of the state’s two remaining dog tracks. Commercial greyhound racing will be phased out statewide by 2010.
Massachusetts
HB 5006—Pet Rental Ban
Effective: November 5, 2008
HB 5006 prohibited engagement in the business of renting or leasing a pet for a set period of time (i.e., as an alternative to outright, full-time ownership). View the ASPCA’s statement on “timeshare”-style pet parenting.
Minnesota
SF 2876/HF 2906—Dangerous Dogs
Effective: August 1, 2008
This legislation resulted in a comprehensive, breed-neutral dangerous dog law that requires individual dogs who have been designated “dangerous” to be sterilized. The law also prevents reckless owners convicted of violating the dangerous dog provisions from owning dogs and allows owners to contest the “dangerous” designation through appeal. Laws like this are the smart alternative to breed-discriminatory laws, which ban or regulate certain breeds of dog wholesale in the hope of reducing dog attacks.
Missouri
SB 818—Threats/Harassment
Effective: June 30, 2008
SB 818 expanded several definitions relating to stalking and harassment. While it was created mainly with children in mind, the new law also prohibits someone from making threats against a person’s pets or livestock. If a person harasses another individual and makes a credible threat to kill, harm or kidnap that individual’s animals, they are guilty of aggravated stalking, a Class D felony.
New York
A. 10343-C/S.1282-D—Pets in Hot Cars
Effective: January 23, 2009
This bill addressed the problem of companion animals—usually dogs—left in hot cars. It authorizes police and peace officers to enter vehicles to remove companion animals when they are in imminent danger of harm or death and the car’s operator cannot be found. Officers who act reasonably and in good faith are granted immunity from liability for their actions.
Pennsylvania
HB 2525—Puppy Mill Reform
Effective: October 9, 2009
The ASPCA worked with the Governor’s Office and the Pennsylvania Department of Agriculture for over three years to create legislation that would put an end to some of the most inhumane and egregious practices common to the state’s puppy mills—and in 2008, all the hard work paid off. HB 2525 doubles the cage space required for dogs in Pennsylvania’s commercial breeding facilities, prohibits wire flooring and the stacking of cages, mandates exercise and twice-yearly veterinary exams for all dogs, and requires that animals be humanely euthanized by licensed veterinarians. Governor Ed Rendell signed the bill into law the day after it passed.
Rhode Island
SB 2566/HB 8426—Two-Tier Horse Transport
Effective: October 9, 2009
Heavy and unstable, double-decker horse trailers put horses—and everyone sharing the road—in jeopardy. This legislation added Rhode Island to the list of states (including NY, PA and VT) that prohibit the transport of horses in double-decker trailers.
2008 State Laws by Theme:
Animal Fighting Penalties
AK (promoting an animal fight is a felony)
IA (penalties for spectators)
ID (felony for knowing or unknowing participation in dog fighting-related activities)
LA (see previous section for full description)
MA (penalties for spectators)
MD (penalties for spectators)
MN (penalties for spectators)
MS (hog-dog fighting)
NH (post-conviction, state may seize profits)
NY (penalties for spectators)
OR (penalties for dog fighters)
VA (passed three laws related to animal fighting)
Reformed/Expanded Cruelty-Related Definitions
HI (added horses to anti-cruelty provisions)
ME
NE
NH (makes cruelty laws applicable to horse and dog tracks)
SC
TN
VA
WV
Increased Penalties for Animal Cruelty
AK
KY
MI
UT
WY
In-State Internet/Computer-Assisted Remote Hunting Outlawed (does not necessarily prevent residents from using remote-hunting websites based in other states)
CO
OK
UT
Companion Animal Welfare Fund
CA
FL
MI
Tethering Restrictions
NH
WV
Pet Trusts
CA
NY
Limited Number of Intact Dogs Breeders May Keep
LA
VA
Pets Left Unattended in Vehicles in Extreme Temperatures
ME
NY
Disaster Preparedness for Pets
FL
NY
Protective Orders for Animals
LA
NY
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