[ SHOWGSD-L ] OPPOSE:New Mexico HB400..

  • From: RihadinK9@xxxxxxx
  • To: showgsd-l@xxxxxxxxxxxxx, sheltieoldlines@xxxxxxxxxxxxxxx, SheltieBreeders@xxxxxxxxxxxxxxx
  • Date: Sun, 6 Mar 2005 11:02:34 EST

PERMISSION TO CROSS POST
On Wednesday, New Mexico House Bill 400,  Dangerous Dog Act, was tabled in 
the House Judiciary Committee.  Then,  unannounced, on Friday a committee 
substitute bill for HB400 was heard by the  Judiciary Committee.  The 
substitute 
bill was given a â??Do Passâ?? and is on  the House Temporary Calendar for 
Sunday, 
March 6.  On Monday, March 7, the  bill will be placed on the House Calendar 
for a floor vote.

Members of  the New Mexico House of Representatives need to be contacted 
IMMEDIATELY to  OPPOSE THIS LEGISLATION (HB400).  The SUBSTITUTE BILL DOES NOT 
resolve key  issues previously raised.  It remains a poorly written law.

The  provisions in HB400 for a â??potentially dangerous dogâ?? are vague and 
could be  used to target responsible owners.  If your dog runs to a fence (that 
 
appears too low) and barks menacingly at a stranger, the dog could be declared 
 â??potentially dangerousâ?? and seized.  If a â??potentially dangerous dogâ??  
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 â??potentially  
dangerous 
dogâ?? in 5 business days, the penalty is one year in the county jail  and 
could 
be 18 months in the state penitentiary.

The definition of  â??dangerous dogâ?? SHOULD be based on an UNPROVOKED attack 
on a PERSON.   However, this law DEFINES â??dangerous dogâ?? as a dog that 
causes 
serious injury to  a person OR domestic animal â?? REGARDLESS OF CIRCUMSTANCES. 
To add to the  confusion, a dog can be DEFINED as dangerous, but may not be
DECLARED to be  dangerous.  Provisions in HB400 about attacks on domestic 
animals conflict  with existing state statues regarding attacks on livestock. 
Furthermore, this  law does NOT ban breed specific laws.

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 HB400.

Your help is needed to OPPOSE this  legislation.  Express your concerns to 
members of the House.  Time is  very short.  Contact information is provided 
below.

Ron  Gustafson
505-864-3513

Link to the New Mexico State Legislature:
_http://legis.state.nm.us/lcs/default.asp_ 
(http://legis.state.nm.us/lcs/default.asp)   


Ginger  Cleary, Dallas, GA_ http://www.rihadin.com _ 
(http://www.rihadin.com/)  (http://groups.yahoo.com/group/pet-law/) "When your 
response to  everything 
that is wrong with the world is to say, 'there ought to be a law,'  you are 
saying that you hold freedom very cheap." Dr Thomas Sowell
_http://groups.yahoo.com/group/GA-pet-law/_ 
(http://groups.yahoo.com/group/pet-law/)  

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