February 25, 2022
https://www.akc.org/legislative-alerts/maryland-house-senate-committees-consider-non-economic-damages-bills-act-now/
On Wednesday, March 2, 2022 at 1:00 pm both the Maryland House Judiciary
Committee and the Senate Judicial Proceedings Committee are considering bills
that would allow a person to receive damages for mental distress or emotional
harm caused by the injury or death of a companion animal.
AKC encourages Marylanders to contact the House Judiciary Committee to express
your opposition to House Bill 1375 and the Senate Judicial Proceedings
Committee to express your opposition to Senate Bill 815. Scroll down for
contact information.
Allowing non-economic damages for pets calls into question the legal status of
pets as property. The legal concept that pets are personal property protects
pet ownership and the rights of pet owners. A change in the legal status of
animals could result in restricting the rights of owners, veterinarians, and
government agencies to protect and care for dogs.
Summary and Talking Points:
HB 1375 and its Senate companion SB 815 would establish non-economic damages
for “mental anguish, emotional pain and suffering, loss of companionship,
comfort, and protection” resulting from the injury or death of a pet. Although
such concepts may sound benign, they represent a potential change in the legal
status of animals (animal rights) and would increase the cost of care
significantly; ultimately undermining the ability of pet owners to care for
their pets.
The AKC understands the pain and trauma that can result when a beloved pet is
injured or killed. However, AKC opposes the awarding of non-economic damages
related to a pet because such damages are not typically available for personal
property. Allowing non-economic damages for pets calls into question the legal
status of pets as property. The legal concept that pets are personal property
protects pet ownership and the rights of pet owners. A change in the legal
status of animals could result in restricting the rights of owners,
veterinarians, and government agencies to protect and care for dogs.
Additionally, allowing such damages and the resulting practitioner insurance
necessary to cover for such damages will significantly increase the cost of pet
care across the entire spectrum of animal care providers.
Leading animal organizations including the American Veterinary Medical
Association and the Animal Health Institute join AKC in opposing laws that
permit non-economic (pain and distress) damages for the loss of a pet.
For more information on the issue of non-economic damages, please read AKC’s
issue analysis about Non-Economic Damages and view the Legal Status of Animals
“Key Issue” page in the Legislative Action Center.
In addition to HB 1375, the House Judiciary Committee will also be hearing
House Bill 965 at the March 2 Committee meeting. HB 965 increases the maximum
amount of compensatory damages that may be awarded to a pet owner when someone
causes injury or death to the animal in certain circumstances. The maximum
amount would be increased from $10,000 to $25,000 and could include the fair
market value of the pet and reasonable and necessary veterinary care.
What You Can Do:
For House Judiciary Committee (HB 1375):
• Submit testimony on February 28: 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 House Judiciary Committee before the March 2 hearing.
Click here for House Judiciary Committee member contact information prior to
the 1:00 pm hearing on March 2, 2022.
For Senate Judicial Proceedings Committee (SB 815):
• Submit testimony by 10:00 am March 2: Witness sign-up and written
testimony submission begins the day before the bill hearing at 4:00 pm and
remains open until 10:00 am on the day of the hearing.
Instruction on submitting testimony for the hearing can be found here
• Contact the Senate Judicial Proceedings Committee before the March 2
hearing.
Click here for Senate Judicial Proceedings Committee member contact information
prior to the 1:00 pm hearing on March 2, 2022.
AKC Government Relations and Responsible Dog Owners–Maryland will continue to
closely monitor these bills 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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