BREED SPECIFIC LEGISLATION; LOCAL GOV.                                         H.B. 4035 (H-1):

                                                                              SUMMARY OF HOUSE-PASSED BILL

                                                                                                         IN COMMITTEE

House Bill 4035 (Substitute H-1 as passed by the House)

Sponsor:  Representative Jim Ellison

House Committee:  Local Government and Municipal Finance

                             Ways and Means

Senate Committee:  Local Government

Date Completed:  11-30-20

CONTENT

The bill would enact a new law to do all of the following:

-- Prohibit a local unit of government from enacting or enforcing an ordinance, policy, resolution, or rule that regulated a dog based upon the dog's breed or perceived breed.

-- Specify that the bill would not prohibit a local unit of government from enacting an ordinance, policy, or rule that placed restrictions or imposed additional requirements on dogs or dog owners or regulated dogs determined to be dangerous or potentially dangerous.

The bill would take effect 90 days after enactment.

Under the bill, a local unit of government would be prohibited from enacting or enforcing an ordinance, policy, resolution, or rule that regulated a dog based upon the dog's breed or perceived breed. "Local unit of government" would mean a county, city, village, or township.

The bill would not prohibit a local unit of government from enacting an ordinance, policy, resolution, or rule that did any of the following:

-- Placed restrictions or impose additional requirements on dogs or dog owners.

-- Regulated dogs determined to be dangerous or potentially dangerous by the local unit of government.

An ordinance, policy, resolution, or rule enacted to regulate dogs determined to be dangerous or potentially dangerous could include all of the following:

-- A definition of "dangerous dog", or a similar term or terms, to be used in determining that a dog was dangerous or potentially dangerous.

-- Rules and procedures that provided for a process by which a dog would be determined to be dangerous or potentially dangerous.

-- Requirements for the ownership or possession of a dog that had been determined to be dangerous or potentially dangerous.

-- Penalties for a violation of the ordinance, policy, resolution, or rule by the owner or possessor of a dog that had been determined to be dangerous or potentially dangerous.

                                                                                Legislative Analyst:  Dana Adams

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                       Fiscal Analyst: Ryan Bergan

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.