House panel adopts substitute for HB149 to set minimum care standards for tethered dogs

A House committee on Monday adopted a substitute to House Bill 149 that lays out minimum care standards for tethered domestic dogs and clarifies enforcement options under the existing animal cruelty law.

Representative (bill sponsor) told the committee the substitute narrows language in the current statute to define "adequate" food, water and shelter for dogs and adds enforcement language tied to the existing animal cruelty law. "This bill has been a a lot of collaborative effort, a lot of feedback from a lot of different groups," the Representative (bill sponsor) said, adding the measure was intended to focus on domestic pets and would not target working or agricultural dogs.

The substitute defines adequate food as "food that is sufficient in amount and is appropriate for the particular type of dog to prevent starvation or significant risk to the dog's health from lack of food," and adequate water as "water that is sufficient in amount and is appropriate for the particular type of dog to prevent dehydration or significant risks to the dog's health from lack of water." The shelter requirement in the substitute specifies a structure that "provides a dog with protection from inclement weather" and allows the dog to stand, lie or turn around inside.

Committee members asked how the substitute treats working dogs. The sponsor pointed to carve-outs in the substitute for dogs "used for agricultural and working purposes," saying the language beginning at what the sponsor referenced as line 138 exempts shepherding, herding and other working-dog activities from the bill's standards.

On enforcement, the sponsor told the panel that an officer or animal control officer responding to a report has three primary options under the substitute and the existing law: seize the dog, order the owner to improve conditions, or file criminal charges under the existing animal cruelty statute. "The goal is not to punish people. The goal is to make sure that the dog is treated correctly," the Representative (bill sponsor) said.

A member of the committee praised the substitute's lack of requirements for air conditioning or heated facilities, saying, "I applaud that." The committee adopted a technical amendment clarifying enforcement citations and correcting stray references to cats in the draft. The committee then approved the substitute as amended by voice vote after the chair called, "All in favor, say aye."

The committee made a procedural motion to report the bill as amended to the full House. The motion was seconded and approved by voice vote, moving HB149 forward in the legislative process.

Key details from the substitute, as explained during the committee hearing, include: the substitute focuses on domestic dogs rather than working or agricultural dogs; it sets objective language for "adequate" food and water and a minimum shelter-size concept; and it references enforcement options available under the existing animal cruelty law rather than creating a new set of penalties in the substitute itself.