On April 18, 2017, Governor Jay Inslee signed into law SSB 5356, a bill relating to the humane treatment of dogs.  This legislation, sponsored by Washington State Senator Joe Fain unanimously passed the State Senate and passed the State House of Representatives with bi-partisan support by a vote of 68 yes, 28 no.

 SSB 5356 will officially become law on July 23, 2017.

 VIEW BILL HERE:

http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Senate%20Passed%20Legislature/5356-S.PL.pdf#page=1 

 BACKGROUND ON SSB 5356

Current Washington State animal cruelty laws offer protection to pets, livestock and working animals from unnecessary pain and suffering, abuse and neglect.  Law enforcement and animal control agencies enforce State and local animal welfare laws and ordinances.

Washington State RCW 9.08, relates to crimes inflicted on animals, did not properly address long standing concerns regarding dogs who are kept chained and/or tethered for long periods of time and in inhumane conditions.  Recognizing the need to improve the State law, animal welfare groups including the Washington Federation of Animal Care & Control Agencies (The Federation), the Washington Animal Control Association (WACA), the Humane Society of the United States (HSUS), the ASPCA and animal shelters, animal control agencies and prosecutors from across the State worked together to draft SSB 5356.

KEY PROVISIONS OF SSB 5356

SSB5356 will include a new section to Washington State RCW 16.52 to include the following:

1. Any dog that is restrained outside by a tether must only be restrained for a period of time that is not reckless and in compliance with this section.
2. The dog shall not be tethered in a manner that results, or could reasonably result, in the dog becoming frequently entangled on the restraint or another object.
3. If there are multiple dogs tethered, each dog must be on a separate tether and not secured to the same fixed point.
4. The tether must allow the dog to sit, lie down, and stand comfortably without the restraint becoming taut and allow the dog a range of movement.
5. A dog shall not be tethered if it is ill, suffering from a debilitation disease, injured, in distress, in the advanced stages of pregnancy, or under six months of age.
6. A tethered dog must have access to clean water and necessary shelter that is safe and protective while tethered. The shelter and water vessel must be constructed or attached in such a way that the dog cannot knock over the shelter or water vessel.
7. A dog shall not be tethered in a manner that results in the dog being left in unsafe or unsanitary conditions or that forces the dog to stand, sit, or lie down in its own excrement or urine.
8. A dog shall not be tethered by means of a choke, pinch, slip, halter, or prong-type collar, or by any means other than with a properly fitted buckle-type collar or harness that provides enough room between the collar or harness and the dogs’ throat to allow normal breathing and swallowing.
9. The weight of the tether shall not unreasonably inhibit the free movement of the dog within the area allowed by the length of the tether.
10. The dog shall not be tethered in a manner that causes the dog injury or pain

SSB5356 allows provisions in the RCW 16.52 to exempt anti-tethering laws in the following situations:

1. The dog is tethered while it is receiving medical care or treatment under the supervision of a licensed veterinarian or being groomed.
2. The dog is participating temporarily in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is being judged or examined.
3. The dog is being kept temporarily at a camping or recreation area.
4. The dog is being cared for temporarily after having been picked up as a stray or as part of a rescue operation.
5. The dog is being transported in a motor vehicle or temporarily restrained or tied after being unloaded from a motor vehicle.
6. The dog is being trained or used by a federal, state or local law enforcement agency or military or national guard unit.
7. The dog is in the physical presence of the person who owns, keeps or controls the dog.

ENFORCEMENT/PENALITIES OF SSB5356

Each incident involving a violation of SSB5356 is considered a separate offense.

1. The first offense shall result in a correction warning being issued requiring the offense to be corrected by the person who owns, keeps or controls the dog within seven days of the date of the warning.
2. The second offense is a Class 2 Civil Infraction under Washington State RCW 7.08.120(1)(b).
3. The third or subsequent offense is a Class 1 Civil Infraction under Washington State RCW 7.08.120 (1) (a).

VIEW RCW 7.08.120: http://apps.leg.wa.gov/rcw/default.aspx?cite=7.80.120

NOTE:  IF THE HEALTH AND SAFETY OF THE DOG IS AT IMMINENT RISK, AND OR OTHER VIOLATIONS OF STATE OR LOCAL ANIMAL WELFARE LAWS ARE BEING VIOLATED, LAW ENFORCEMENT/ANIMAL CONTROL WOULD USE THE STATE AND LOCAL LAWS AND PROVISIONS AVAILABLE TO THEM TO TAKE APPROPRIATE ACTION IN ADDITION TO THOSE OUTLINED IN SSB 5356

Legislative Update – week of February 27-March 3, 2017

 

Good news: The humane tethering bill, SSB 5356, has passed unanimously in the Senate.  It is now on to the House of Representatives.  Stay tuned for information on how you can help.

 

SSB 5094, limiting dog breed discrimination: Still needs to move out of Rules to get a vote by the full senate.

 

ACTION ITEM:  If you haven’t already done so, please contact the Democratic legislators on the Rules Committee (see list below) and ask them to pull SSB 5094 Senator Palumbo’s bill to prevent breed-based dog regulation, and support it during the Senate floor vote.

 

SSB 5063/5358, either of these bills will codify current tax policy to exempt animal adoption fees from retail sales tax (provided the adoption is happening via a legitimate shelter, animal control or rescue group). This bill is also still in the Senate Rules Committee and needs to be ‘pulled’ so it can get a vote by the full senate.

 

ACTION ITEM:  We are asking you to contact the Democratic legislators on the Rules Committee (see list below) and ask them to pull SSB 5063 and/or SSB 5358 bill to make animal adoption fees exempt, and support it during the Senate floor vote.

 

Deadline for bills to move from Rules, get on the calendar and get a vote by the Senate is March 8^th.

 

If your local legislator is a Republican, please contact them too as it’s very important they hear from constituents to vote “yes” on these animal-friendly bills!

 

Senate RULES Committee Members

Senator	Phone
Habib, Cyrus (D) Chair	(360) 786-7700
Bailey, Barbara (R)	(360) 786-7618
Becker, Randi (R)	(360) 786-7602
Billig, Andy (D)	(360) 786-7604
Braun, John (R)	(360) 786-7638
Chase, Maralyn (D)	(360) 786-7662
Cleveland, Annette (D)	(360) 786-7696
Ericksen, Doug (R)	(360) 786-7682
Fain, Joe (R)	(360) 786-7692
Hasegawa, Bob (D)	(360) 786-7616
Honeyford, Jim (R)	(360) 786-7684
King, Curtis (R)	(360) 786-7626
Liias, Marko (D)	(360) 786-7640
McCoy, John (D)	(360) 786-7674
Miloscia, Mark (R)	(360) 786-7658
Nelson, Sharon (D)	(360) 786-7667
O’Ban, Steve (R)	(360) 786-7654
Pearson, Kirk (R)	(360) 786-7676
Rivers, Ann (R)	(360) 786-7634
Schoesler, Mark (R)	(360) 786-7620
Sheldon, Tim (D)	(360) 786-7668

 

 

Last week brought some exciting progress for many of the bills the Federation is supporting that will help animals or our agencies’ efforts. Three Senate bills moved out of committee and are now in the Rules Committee.

 

The way this committee generally works is that Democratic legislators “pull” democrat-sponsored bills and Republicans “pull” republican-sponsored bills to be voted upon. The bills have to be “pulled” out of the Rules Committee in order for them to be calendared for a Senate floor vote.

 

PRIMARY ACTION ITEMS:  We are asking you to contact the Democratic legislators on the Rules Committee (see list below) and ask them to pull SSB 5094 Senator Palumbo’s bill to prevent breed-based dog regulation, and support it during the Senate floor vote.

 

At the same time, encourage them to vote in favor of S 5356 (ant-tethering) and SSB 5063 (adoption fee tax bill). 

 

If your local legislator is a Republican, please contact them too as it’s very important they hear from constituents to vote “yes” on these animal-friendly bills!

 

Senator Fain is on the Rules Committee and since he is the prime sponsor of SB 5356 the anti-tethering bill, and SSB 5063 the animal adoption fee tax exemption bill, he should be able to get those bills “pulled” for a vote.

 

The Senate Rules Committee meets on Tuesday and then every few days to pull bills to the Senate floor calendar.  The next one is Tuesday February 21^st.

Senate RULES Committee Members

Senator	Phone
Habib, Cyrus (D) Chair	(360) 786-7700
Bailey, Barbara (R)	(360) 786-7618
Becker, Randi (R)	(360) 786-7602
Billig, Andy (D)	(360) 786-7604
Braun, John (R)	(360) 786-7638
Chase, Maralyn (D)	(360) 786-7662
Cleveland, Annette (D)	(360) 786-7696
Ericksen, Doug (R)	(360) 786-7682
Fain, Joe (R)	(360) 786-7692
Hasegawa, Bob (D)	(360) 786-7616
Honeyford, Jim (R)	(360) 786-7684
King, Curtis (R)	(360) 786-7626
Liias, Marko (D)	(360) 786-7640
McCoy, John (D)	(360) 786-7674
Miloscia, Mark (R)	(360) 786-7658
Nelson, Sharon (D)	(360) 786-7667
O’Ban, Steve (R)	(360) 786-7654
Pearson, Kirk (R)	(360) 786-7676
Rivers, Ann (R)	(360) 786-7634
Schoesler, Mark (R)	(360) 786-7620
Sheldon, Tim (D)	(360) 786-7668

SB 5356 will address the tethering of dogs, by focusing on their quality of life and providing animal control officers with more effective enforcement options. We’d appreciate you reaching out ASAP to state you want the bill to get a hearing.

 

The bill has been assigned to the Senate Law and Justice Committee, but time is running out for the bill to get a hearing. Please reach out to the committee chair, Senator Mike Padden at mike.padden@leg.wa.gov and respectfully request he schedule a hearing before the cut-off date of February 17^th.

 

Once the bill gets a hearing date, you are welcome to testify, which can be done remotely, or submit testimony to the whole committee. It’s important for legislators to hear from their constituents, and for committees to hear from agencies that deal with the aftermath of the damage that tethering causes to a dog’s health and behavior.

 

The Federation worked with Washington Animal Control Association (WACA), the ASPCA, HSUS, and several agencies that do animal control (Whatcom Humane Society and Seattle Animal Shelter) to craft the bill language. We hope you will be supportive of the bill and this request.

 

Thank you in advance for your time and assistance.

Great news, one of the bills we’ve been working on with Senator Fain now has a bill number – it is SB 5356 and it will address the tethering of dogs, by focusing on their quality of life and providing animal control officers with more effective enforcement options.

 

The bill has been assigned to the Senate Law and Justice Committee, but no hearing has been scheduled as of 1/20/17. The Law and Justice Committee is comprised of the following members:

 

Padden, Chair (R); O’Ban, Vice Chair (R); Pedersen; Angel; Darneille; Frockt; Wilson   We will be reaching out to members who reside in these committee members’ districts to ask for a hearing, and you can as well.   The other news is that HB 1095 has a hearing on the 24th at 1:30 p.m.  This bill will change RCW 19.94.540 regarding the requirements for wholesale containers of fifty-five gallons or more of engine coolant or antifreeze to have bittering agents to protect children and pets from accidental ingestion.   You can submit testimony in support of the bill to the committee members:  http://leg.wa.gov/House/Committees/BFS/Pages/MembersStaff.aspx