February 18, 2022
https://www.akc.org/legislative-alerts/maryland-act-now-oppose-hb-1062-impacting-dog-ownership-rights/
Please forward to those who reside or participate in dog events in Maryland:
The Maryland House Judiciary Committee will be holding a hearing on House Bill
1062 on Thursday, February 24 at 1:00pm. This bill addresses the issue of
animals that are seized and the costs of their care during impoundment.
AKC strongly believes that those who treat animals in a cruel manner should be
held accountable and punished accordingly. Current Maryland law clearly defines
cruelty and appropriate penalties. However, House Bill 1062 ignores the basic
right of innocent until proven guilty and could cause an owner to permanently
lose their animals even if charges are dropped or they are found not guilty if
they miss one payment for care during the trial.
Maryland residents are strongly encouraged to contact the committee and express
concerns with House Bill 1062 (scroll down for contact information).
House Bill 1062 Bill Summary:
As introduced, the bill would create several new provisions, including:
• Requiring the owner of a seized animal to file a petition for its
return. This will allow for an authorized agent who is required to protect
animals to file a petition with a court in the county where the seizure has
occurred for the reasonable cost of caring for the animal, including provisions
for food, water, shelter, and medical care. The cost of care for a seized
animal will be limited to $15 per day per animal and necessary medical care as
determined and by a licensed veterinarian and documented with invoices.
• Requiring the authorized agent to present evidence that demonstrates
the amount of reasonable care costs for the seized animal and that the seizure
of the animal was warranted.
• Barring the court from considering the owner or custodian’s ability
to pay when considering the cost of care and filing fees unless the proceeding
involves less than two animals and the only charges are neglect. The owner or
custodian will be required to make payments as required by the order. If
they fail to do so the animal shall be automatically forfeited, and the
authorized agent shall obtain all rights to the animal.
AKC greatly appreciates that the bills clarify that if the owner is found not
guilty, the animal must be returned to the owner and the owner is entitled to
the return of all reasonable costs of care paid by the owner. However, this
appears to be incumbent on whether or not the owner has kept up on payments
during the trial. Also, the animal control agency has the right to euthanize
the animal at any time during the proceeding if determined necessary by a
licensed veterinarian.
Talking Points:
The AKC is asking for the bill to not advance until the following issues are
addressed:
• The loss of ownership of an animal for failure to make a payment for
cost of care even if an owner is ultimately found not guilty of the charges.
• The inability for a judge to consider the ability of an
owner/custodian to pay in establishing the cost for care with few exceptions.
• There is no limitation to veterinarian care. As such, language needs
to be added that states that alteration (such as sterilization) is allowed only
if medically necessary. This is especially important if the owner or custodian
is ultimately found not guilty.
While we agree that those convicted of animal cruelty should be held
accountable, including paying for the costs of caring for the animals they
mistreated. Those who are not guilty should not worry about the loss of their
animals for failing to file a timely petition or timely meeting the costs of
care requirements placed upon them while awaiting final adjudication of their
case. View AKC’s brief animated video for more information on AKC’s position on
this issue.
What You Can Do:
Maryland residents and those who participate in dog events in Maryland are
encouraged to take the actions listed below. Let the committee know you
appreciate that the bill states that the animal and payments will both be
returned if the owner is found not guilty. Ask them to not support the bill
until it is amended to address the concerns.
Submit testimony to the Committee on February 22: Witness sign-up and written
testimony submission is only available Tuesday, February 22, 2022 from 8:00 am
– 3:00 pm.
Instruction on submitting testimony for the hearing can be found here.
Contact the bill sponsor Delegate Moon and the House Judiciary Committee before
the February 24 hearing.
Click here to contact Delegate David Moon.
Click here for House Judiciary Committee member contact information prior to
the 1:00 pm hearing on February 24, 2022.
AKC Government Relations and Responsible Dog Owners–Maryland will continue to
closely monitor this bill and communicate with the General Assembly. For more
information, contact doglaw@xxxxxxx.
Stormy Hope
NAIATrust, Trustee
NAIATrust-CA on Facebook!
GSDCA Legislative Liaison to AKC
California Responsible Pet Owners
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