American Pit Bull Terrier Gazette Volume 38 Issue 4 | Page 4

South Dakota #18 and Utah #19 Added To States That Preempt BSL Laws South Dakota Governor Dennis Daugaard signed SB 75 into law. SB 75 essentially prohibits local governments from targeting laws or policies at specific breeds. Here’s the text: “No local government may enact, maintain, or enforce any ordinance, policy, resolution or other enactment that is specific as to the breed or perceived breed of dog. This section does not impair the right of any local government unit to enact, maintain, or enforce and form or regulation that applies to all dogs.” It’s short, and effective, and in the end was passed by two houses and signed into law by the Governor. Not only does the law prohibit any South Dakota communities from passing laws targeting breeds, but also will overturn any existing breed-discriminatory laws -- which I believe will impact about 8 cities with a total population of 16,000 people. In Utah, Governor Gary Herbert has signed House Bill 97, the bill that would prohibit any local government in the state from enacting breeddiscriminatory legislation. Here is the text: 18-2-1. Regulation of dogs by a municipality. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. Section 3. Effective date: This bill takes effect on January 1, 2015. As a citizen of Utah, you now have the right to own any dog you choose, without the fear of your family pet being impounded simply because of breed. Utah currently has 10 jurisdictions with breed-specific laws that now will be forced to overturn their laws to breed neutral. With the addition of Utah and South Dakota, the grand total is now up to 19 states that have laws that prohibit laws targeting specific breeds of dogs. These two states join Massachusetts, Rhode Island, Nevada, Connecticut, Maine, New York, New Jersey, Pennsylvania, Virginia, Minnesota, Florida, Texas, Oklahoma, Illinois, Colorado and California as states that have pro-actively prohibited breed specific policies. Meanwhile, Missouri HB 1116/SB 865 is a nearly identical bill that has been passed out of committee in both houses 4 and now await a hearing on the main floor of the council. Missouri has a chance to join these other progressive states in forcing communities to deal with dangerous dogs based on the behavior of the dogs, not breeds. Recent studies have determined that the inherent danger of pit bulls is negligible, and that enforcing breed-specific laws is a complete waste of time and money. The findings were welcomed by a variety of organizations that had already insisted that BSL (breed specific legislation) was a complete failure. Expert opinion overwhelmingly supports breed-neutral solutions to dangerous dog laws -- now nearly 1/2 of all US states do. Other states may soon be joining these in banning breed specific legislation. Maryland HB 422, which has passed the House, states that a dog may not be declared potentially dangerous based solely on its “breed, type or heritage” and prohibits counties and municipalities from enacting laws prohibiting ownership of specific breeds. While H.B. 422 would not impact existing breed-specific ordinances like the pit bull ban in Prince George’s County, it would prevent other localities from enacting these sorts of misguided policies in the future. Vermont HB 775 would prohibit municipalities from banning certain breeds of dogs. The bill is pending in the House Government Operations Committee. Washington HB 2117, which is pending in the House Judiciary Committee, would amend the state’s dangerous dog law and prohibit local governments from banning possession of a particular breed or declaring a specific breed of dog to be dangerous or potentially dangerous. It is gratifying to see the progress state governments are making in listening to true expert testimony about the ineffectiveness of breed-discriminatory laws, and concerns about due process and property rights infringement, are protecting their citizens from the tyranny of local governments who insist on trying to force ineffective laws on their constituents. Intelligence is taking precedence over hysteria in the decision-making about dangerous dog policies. And, of course, thank you to every single supporter who take action on the many alerts we send out. Your response matters and makes a difference! Times are definitely changing. Article information supplied by Jodi Preis www.blessthebullies.com