Guest Commentary: Looking back on this session’s legislation for animal welfare
Cheryl Crowe is a longtime human- policy advocate, focusing on companion animal welfare and policy in Delaware and Washington, D.C. Personal positions and affiliations were intentionally circumvented by the author for the purpose of this article.
There was no shortage of animal-related legislative proposals during this session of the Delaware General Assembly; however, few crossed the June 30 finish line to proceed to Gov. John Carney’s desk for signature.
While animal-protection legislation generally garners broad spectrum support, animal-related bills tend to be consistently contentious in Delaware. Despite extensive planning, outreach and widespread support, at times, this legislation is met with challenges from certain interest groups, or it becomes derailed by an issue not directly related to the actual substance of the bill.
Bipartisan support was received on virtually all but one of this year’s proposals, speaking volumes for compatibility. Ostensibly, it was also a busy year for many larger national stakeholder groups with members and supporters in Delaware, who are committed to these animal-protection efforts, bringing support from The Humane Society of the United States, the Animal Legal Defense Fund, The Paw Project, Best Friends and Alley Cat Allies.
Senate Bill 258, also known as the “Izzy the Cat Act,” sponsored by retiring Sen. Ernie López, R-Lewes, was a constituent-driven bill, resulting in the collaboration of stakeholder organizations, including the Delaware Trial Lawyers Association, the Animal Legal Defense Fund and The Paw Project. Support flooded in from local advocates and constituents, including Izzy’s owners, Thad and Bonnie Truitt of Lewes. Substitute 1 for SB 258, amended post-committee, passed unanimously in both the House and Senate. This bill removes the limit for recovery of damages related to injured or deceased pets who are tortiously injured by a third party.
House Bill 386, sponsored by Rep. Paul Baumbach, D-Newark, would prohibit a landlord from requiring a tenant to declaw a cat as a requirement for a rental agreement. The Delaware Association of REALTORS remained neutral, and there was no opposition from the Delaware Apartment Association. In addition, this bill received little to no opposition from fair-housing or animal-related groups, passing with a majority vote in the House, 24-13, and 15-5 in the Senate.
HB 378, introduced by Rep. Eric Morrison, D-Glasgow, speaks to the enforcement of all state laws relating to protection and control of animals, including barking dogs. The Office of Animal Welfare provided information as needed. While other legislators and advocates initially opposed the bill as written, mostly due to enforcement concerns, amendments to the original language were made. However, the bill did not progress to a floor vote.
HB 387, introduced by Rep. Steve Smyk, R-Milton, authorizes paramedics and other emergency medical service personnel to render medical care and transport for police dogs injured in the line of duty. This bill received testimony in support from Delaware State Police, members of the law enforcement community and emergency response professionals. The language in this bill mirrors a previously passed version in Massachusetts, termed “Nero’s Law,” after Massachusetts law did not allow for K-9 Officer Nero’s critical injuries to be treated by emergency medical personnel when both Nero and his partner, Sgt. Sean Gannon, were injured by gunfire. The bill received unanimous support; however, it did not make it to the Senate floor for final vote due to timing.
HB 333, sponsored by Rep. Andria Bennett, D-Dover, and Sen. Jack Walsh, D-Stanton, would prohibit any cat-declawing procedure unless medically necessary for the therapeutic well-being of the cat. The bill passed through the House Health & Human Development Committee and subsequently passed on the House floor with a 25-14 vote. However, the Senate Health & Social Services Committee failed to advance the measure to the full Senate floor on the penultimate day of session. Opposition to the bill came from the Delaware Veterinary Medical Association and some independent veterinarians. The Paw Project, the Animal Legal Defense Fund, Best Friends, The Humane Society of the United States, the Delaware Humane Association and the Faithful Friends Animal Society supported with testimony and letters of support. Maryland and New York have both previously passed a statewide declaw ban, and Pennsylvania, New Jersey and California currently have similar declaw bans introduced within their respective sessions.
SB 331, introduced by Sen. Colin Bonini, R-Dover, calls for increased penalties for certain currently illegal animal-fighting and -baiting activity by reclassifying this activity as a Class D felony. A substitute bill was introduced on June 23 and was subsequently assigned to the Environment & Energy Committee in the Senate, but it did not advance prior to the end of legislative session.
HB 486, introduced by Rep. Ruth Briggs King, R-Georgetown, speaks to marital property, specifically changing divorce and annulment property-division law, requiring consideration on whether an animal is a service or support animal when allocating such an animal. This bill was assigned to the House Judiciary Committee for consideration just prior to the end of session.
A highlight of the last weeks of session included a visit with therapy dogs from PAWS for People and National Capital Therapy Dogs, coordinated by Rep. Jeff Spiegelman, R-Clayton.
I would be remiss if I didn’t mention that, at times during this session, claws came out and fur did fly, but as I “paws” to reflect, it was a very productive year for animals in terms of new partnerships, organizational collaboration and future planning. Stay tuned.
