[ SHOWGSD-L ] New Mexico Dangerous Dog Act, SB432...request veto
- From: Peggy <pmick@xxxxxxxxx>
- To: ShowGSD-L <showgsd-l@xxxxxxxxxxxxx>
- Date: Sat, 19 Mar 2005 20:48:15 -0500
>
>
> New Mexico Senate Bill 432, Dangerous Dog Act, now
> goes to Governor
> Richardson for signature. Please contact Governor
> Richardson and ask him to
> VETO this bill.
>
> The Most Honorable Bill Richardson
> State of New Mexico
> Office of the Governor
> Room 400 State Capitol Building
> Santa Fe, NM 87501
> (505) 476-2200
> Fax: (505) 476-2226
> www.governor.state.nm.us
>
>
> The website for the bill and a point paper are
> provided below. Your support
> in stopping this legislation is needed. Thank you.
>
> Ron Gustafson
> 505-864-3513
>
> *********
> Website to Senate Bill 432:
>
>
http://legis.state.nm.us/lcs/_session.asp?year=05&chamber=S&number=432&type=
>> ++&w=com
>>
>> ********
>>
>> POINT PAPER
>>
>> VETO - New Mexico SB432, Dangerous Dog Act
>>
>> The provisions in SB432 for a "potentially dangerous
>> dog" are vague and
>> could be used to target responsible owners. If a
>> dog runs to a fence (that
>> appears too low) and barks menacingly at a stranger,
>> the dog could be
>> declared "potentially dangerous" and seized. The
>> definition and subsequent
>> legal action in SB432 are based on "appearance."
>> The potential for
>> misapplication of this law is high, and there is no
>> appeal process before
>> entering the court system.
>>
>> If a "potentially dangerous dog" attacks a chicken,
>> the owner could be
>> sentenced to 18 months in the state penitentiary.
>> If the owner fails to
>> report the death of a "potentially dangerous dog" in
>> 5 business days, the
>> penalty is one year in the county jail and could be
>> 18 months in the state
>> penitentiary. The penalty structure is illogical
>> and needs major rework.
>>
>> The definition of "dangerous dog" SHOULD be based on
>> an UNPROVOKED attack on
>> a PERSON. However, this law DEFINES "dangerous dog"
>> as a dog that causes
>> serious injury to a person OR domestic animal -
>> REGARDLESS OF CIRCUMSTANCES
>> (provoked or unprovoked). To add to the confusion,
>> a dog can be DEFINED as
>> dangerous, but may not be DECLARED to be dangerous.
>> Provisions in SB432
>> about attacks on domestic animals conflict with
>> existing state statues
>> regarding attacks on livestock. Furthermore, this
>> law does NOT ban breed
>> specific laws. A ban on breed specific laws should
>> be part of any dangerous
>> dog legislation. The SB432 definition of "dangerous
>> dog" is wrong. SB432
>> conflicts with existing state law. As a matter of
>> New Mexico State policy,
>> laws based on breed should be prohibited.
>>
>> State statues currently impose a penalty of one year
>> confinement and a $1000
>> fine for any person who keeps any animal known to be
>> vicious and liable to
>> attack or injure a human being (unless the animal is
>> securely kept to
>> prevent injury to a person). Dogs that attack or
>> kill livestock are to be
>> killed and the owner held responsible for all
>> damages. These, as well as
>> other, existing provisions of state statutes and
>> administrative code,
>> provide a good starting point for dangerous dog
>> legislation. Simple
>> amendments to existing state statutes would be more
>> effective than SB432.
>>
>> THE FACTS SHOW
>>
>> 1) The incidents of injuries from dog bites is SMALL
>> in relation to other
>> risks for injury, including falls, motor vehicles,
>> drug reactions, sports,
>> spider bites, bicycles, medical complications,
>> intentional injuries,
>> poisonings, and knife injuries - dog bites rank
>> below all of these
>> categories.
>>
>> 2) Within this small risk group, unfortunately a
>> disproportionate number of
>> children are bitten and most of those dog bites are
>> by the family dog or by
>> a dog familiar to the family - SB432 does not
>> address the circumstances that
>> present the greatest risk to children.
>>
>> 3) US Fatalities/Year: 139 million autos - 42,000
>> fatalities; 5 million
>> motorcycles - 3500 fatalities; 103 million bicycles
>> - 700 fatalities; 63
>> million dogs - 12 dog-bite fatalities; 65 million
>> children - 1300 child
>> abuse fatalities, 800 pedestrian fatalities, 17
>> playground fatalities, 10
>> dog-bite fatalities.
>>
>>
>> SB432 IS A BAD LAW THAT FAILS TO RECOGNIZE THE
>> REALITY OF THE PROBLEM IT
>> INTENDS TO SOLVE - VETO THIS LEGISLATION
>
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