Maryland 2022 Regular Session

Maryland House Bill HB16 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 181
2	1
3		-	– 1 –
4		-	Chapter 181
5		-	(House Bill 16)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0016
8	10
9		-	Crimes – Unattended Dogs – Extreme Weather Conditions and Heat
	11	+	HOUSE BILL 16
	12	+	E1 (2lr0449)
	13	+	ENROLLED BILL
	14	+	— Environment and Transportation/Judicial Proceedings —
	15	+	Introduced by Delegates Lehman, Bagnall, Belcastro, Boyce, Krimm, Ruth, and
	16	+	Solomon Solomon, Barve, Foley, Fraser–Hidalgo, Healey, Lierman, Love,
	17	+	Prettyman, Stein, Stewart, and Terrasa
10	18
11		-	FOR the purpose of prohibiting a person from leaving a dog outside and unattended for
12		-	longer than a certain period without access to certain suitable shelter or suitable
13		-	shade during certain weather conditions or temperatures, subject to certain
14		-	exceptions; and generally relating to leaving unattended dogs outside.
	19	+	Read and Examined by Proofreaders:
15	20
16		-	BY repealing and reenacting, with amendments,
17		-	Article – Criminal Law
18		-	Section 10–623
19		-	Annotated Code of Maryland
20		-	(2021 Replacement Volume and 2021 Supplement)
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+	_______________________________________________
	24	+	Proofreader.
21	25
22		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23		-	That the Laws of Maryland read as follows:
	26	+	Sealed with the Great Seal and presented to the Governor, for his approval this
24	27
25		-	~~Article – Criminal Law~~
	28	+	_______ day of _______________ at ________________________ o’clock, ________M.
26	29
27		-	10–623.
	30	+	______________________________________________
	31	+	Speaker.
28	32
29		-	~~(a) (1) In this section the following words have the meanings indicated.~~
	33	+	CHAPTER ______
30	34
31		-	(2) “Collar” means a device constructed of nylon, leather, or similar
32		-	material specifically designed to be used around the neck of a dog.
	35	+	AN ACT concerning 1
33	36
34		-	(3) (I) “EXTREME WEATHER CONDI TIONS” MEANS
35		-	TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN
36		-	ACTIVE WINTER OR COLD WEATHER WARNING OR A DVISORY ISSUED BY TH E
37		-	NATIONAL WEATHER SERVICE.
	37	+	Crimes – Unattended Dogs – Extreme Weather Conditions and Heat 2
38	38
39		-	(II) “EXTREME WEATHER CONDI TIONS” DOES NOT INCLUD E
40		-	MARINE WARNINGS OR A DVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE.
	39	+	FOR the purpose of prohibiting a person from leaving a dog outside and unattended for 3
	40	+	longer than a certain period without access to certain suitable shelter or suitable 4
	41	+	shade during certain weather conditions or temperatures, subject to certain 5
	42	+	exceptions; and generally relating to leaving unattended dogs outside. 6
41	43
42		-	[(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other
43		-	device that attaches a dog to a stationary object or trolley system.
	44	+	BY repealing and reenacting, with amendments, 7
	45	+	Article – Criminal Law 8
	46	+	Section 10–623 9
	47	+	Annotated Code of Maryland 10
	48	+	(2021 Replacement Volume and 2021 Supplement) 11
	49	+	2 HOUSE BILL 16
44	50
45		-	(5) “SPORTING” MEANS ANY ATHLETIC COMPETITION , SKILL
46		-	COMPETITION , OBEDIENCE COMPETITIO N, OR OTHER COMPETITION INTENDED FOR
47		-	THE PARTICIPATION OF DOGS.
48		-	Ch. 181 2022 LAWS OF MARYLAND
49	51
50		-	– 2 –
51		-	(6) “SUITABLE SHADE ” MEANS AN AREA COMPLE TELY PROTECTED
52		-	FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G.
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: 2
53	54
54		-	~~(7) (I) “SUITABLE~~ ~~SHELTER ” MEANS A STRUCTURE TH AT:~~
	55	+	Article – Criminal Law 3
55	56
56		-	1. ~~(I) IS PROPERLY VENTILAT ED;~~
	57	+	10–623. 4
57	58
58		-	2. (II) HAS A SOLID FLOOR TH AT IS RAISED OFF THE GR OUND
59		-	OR A SOLID FLOOR THA T IS PROPERLY INSULA TED; ALLOWS THE DOG TO RE MAIN
60		-	REASONABLY DRY ;
	59	+	(a) (1) In this section the following words have the meanings indicated. 5
61	60
62		-	3. (III) HAS A WEATHERPROOF ROOF ;
	61	+	(2) “Collar” means a device constructed of nylon, leather, or similar 6
	62	+	material specifically designed to be used around the neck of a dog. 7
63	63
64		-	4. (IV) HAS FOUR WALLS , ONE OF WHICH CONTAIN S A
65		-	DOORWAY; IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE ;
	64	+	(3) (I) “EXTREME WEATHER CONDITIONS” MEANS 8
	65	+	TEMPERATURES BELOW 32 DEGREES FAHRENHEIT OR CONDITI ONS DURING AN 9
	66	+	ACTIVE WINTER OR COLD WEATHER WARNING OR A DVISORY ISSUED BY TH E 10
	67	+	NATIONAL WEATHER SERVICE. 11
66	68
67		-	5. (V) ~~HAS INSULATION TO AL LOW ALLOWS A DOG TO~~
68		-	~~MAINTAIN ITS NORMAL BODY TEMPERATURE ; AND~~
	69	+	(II) “EXTREME WEATHER CONDI TIONS” DOES NOT INCLUDE 12
	70	+	MARINE WARNINGS OR ADVISORIES ISSUED BY THE NATIONAL WEATHER SERVICE. 13
69	71
70		-	6. (VI) ~~IS SUITABLE FOR THE SPECIES~~, ~~AGE~~,
71		-	~~CONDITION, SIZE,~~ ~~AND TYPE OF~~ DOG .
	72	+	[(3)] (4) “Restraint” means a chain, rope, tether, leash, cable, or other 14
	73	+	device that attaches a dog to a stationary object or trolley system. 15
72	74
73		-	(II) “SUITABLE SHELTER ” DOES NOT INCLUDE :
	75	+	(5) “SPORTING” MEANS ANY ATHLETIC C OMPETITION, SKILL 16
	76	+	COMPETITION, OBEDIENCE COMPETITIO N, OR OTHER COMPETITION INTENDED FOR 17
	77	+	THE PARTICIPATION OF DOGS. 18
74	78
75		-	~~1. A CRAWL SPACE THAT I S UNDER A BUILDING O R PART~~
76		-	OF A ~~BUILDING;~~
	79	+	(6) “SUITABLE SHADE ” MEANS AN AREA COMPLE TELY PROTECTED 19
	80	+	FROM THE DIRECT SUN THAT IS ACCESSIBLE A ND FULLY COVERS A DO G. 20
77	81
78		-	~~2. THE SPACE UNDER~~ A ~~VE HICLE;~~
	82	+	(7) (I) “SUITABLE SHELTER ” MEANS A STRUCTURE THAT : 21
79	83
80		-	3. ~~A FLOOR CONSISTING O F WIRE OR CHAIN LINK~~ ; OR
	84	+	1. (I) IS PROPERLY VENTILAT ED; 22
81	85
82		-	4. A STRUCTURE MADE FRO M CARDBOARD OR OTHER
83		-	MATERIALS THAT ARE E ASILY DEGRADED BY TH E ELEMENTS.
	86	+	2. (II) HAS A SOLID FLOOR TH AT IS RAISED OFF THE GR OUND 23
	87	+	OR A SOLID FLOOR THA T IS PROPERLY INSULA TED; ALLOWS THE DOG TO RE MAIN 24
	88	+	REASONABLY DRY ; 25
84	89
85		-	(b) A ~~person may not leave a dog outside and unattended by use of a restraint:~~
	90	+	3. (III) HAS A WEATHERPROOF R OOF; 26
86	91
87		-	(1) that unreasonably limits the movement of the dog;
	92	+	4. (IV) HAS FOUR WALLS, ONE OF WHICH CONTAIN S A 27
	93	+	DOORWAY; IS ENCLOSED WITH AN ENTRANCE ON ONE SIDE ; 28
88	94
89		-	(2) that uses a collar that:
	95	+	5. (V) HAS INSULATION TO AL LOW ALLOWS A DOG TO 29
	96	+	MAINTAIN ITS NORMAL BODY TEMPERATURE ; AND 30 HOUSE BILL 16 3
90	97
91		-	(i) is made primarily of metal; or
92	98
93		-	(ii) is not at least as large as the circumference of the dog’s neck plus
94		-	1 inch; LAWRENCE J. HOGAN, JR., Governor Ch. 181
95	99
96		-	– 3 –
	100	+	6. (VI) IS SUITABLE FOR THE SPECIES, AGE, 1
	101	+	CONDITION, SIZE, AND TYPE OF DOG. 2
97	102
98		-	(3) that restricts the access of the dog to suitable and sufficient clean water
99		-	or appropriate shelter;
	103	+	(II) “SUITABLE SHELTER ” DOES NOT INCLUDE : 3
100	104
101		-	(4) in unsafe or unsanitary conditions; or
	105	+	1. A CRAWL SPACE THAT I S UNDER A BUILDING O R PART 4
	106	+	OF A BUILDING; 5
102	107
103		-	~~(5) that causes injury to~~ the ~~dog.~~
	108	+	2. THE SPACE UNDER A VE HICLE; 6
104	109
105		-	(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON
106		-	MAY NOT LEAVE A DOG OUTSIDE AND UNATTEND ED FOR LONGER THAN 30 MINUTES
107		-	WITHOUT ACCESS TO CO NTINUOUS:
	110	+	3. A FLOOR CONSISTING O F WIRE OR CHAIN LINK ; OR 7
108	111
109		-	~~(1) SUITABLE SHELTER DUR ING EXTREME WEATHER CONDITIONS;~~
110		-	~~AND~~
	112	+	4. A STRUCTURE MADE FRO M CARDBOARD OR OTHER 8
	113	+	MATERIALS THAT ARE E ASILY DEGRADED BY TH E ELEMENTS. 9
111	114
112		-	(2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES
113		-	ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS RE QUIRED FOR A HEAT
114		-	ADVISORY.
	115	+	(b) A person may not leave a dog outside and unattended by use of a restraint: 10
115	116
116		-	(D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT
117		-	APPLY IF THE DOG IS LAWFULLY AND ACTIVEL Y ENGAGED IN:
	117	+	(1) that unreasonably limits the movement of the dog; 11
118	118
119		-	(1) ~~HUNTING;~~
	119	+	(2) that uses a collar that: 12
120	120
121		-	(2) ~~LIVESTOCK HERDING~~ OR ~~GUARDING;~~
	121	+	(i) is made primarily of metal; or 13
122	122
123		-	(3) SLEDDING;
	123	+	(ii) is not at least as large as the circumference of the dog’s neck plus 14
	124	+	1 inch; 15
124	125
125		-	(4) SPORTING; OR
	126	+	(3) that restricts the access of the dog to suitable and sufficient clean water 16
	127	+	or appropriate shelter; 17
126	128
127		-	(5) ~~TRAINING.~~
	129	+	(4) in unsafe or unsanitary conditions; or 18
128	130
129		-	[(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty
130		-	of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a
131		-	fine not exceeding $1,000 or both.
	131	+	(5) that causes injury to the dog. 19
132	132
133		-	(2) A VIOLATION OF SUBSECT ION (C) OF THIS SECTION IS A CIVIL
134		-	OFFENSE PUNISHABLE B Y:
	133	+	(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A PERSON 20
	134	+	MAY NOT LEAVE A DOG OUTSIDE AND UNATTEND ED FOR LONGER THAN 30 MINUTES 21
	135	+	WITHOUT ACCESS TO CO NTINUOUS: 22
135	136
136		-	(I) FOR A FIRST VIOLATION, A WARNING;
	137	+	(1) SUITABLE SHELTER DUR ING EXTREME WEATHER CONDITIONS; 23
	138	+	AND 24
137	139
138		-	(II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500;
139		-	AND
140		-	Ch. 181 2022 LAWS OF MARYLAND
	140	+	(2) SUITABLE SHELTER OR SUITABLE SHADE WHEN TEMPERATURES 25
	141	+	ARE ABOVE 90 DEGREES FAHRENHEIT BUT BELOW WHAT IS RE QUIRED FOR A HEAT 26
	142	+	ADVISORY. 27
	143	+	4 HOUSE BILL 16
141	144
142		-	– 4 –
143		-	(III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY
144		-	OF UP TO $1,000.
145	145
146		-	(F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LOCAL
147		-	GOVERNMENT FROM ADOP TING A REQUIREMENT FOR THE HEALTH AND SAFETY OF
148		-	DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SE CTION.
	146	+	(D) THE PROHIBITION IN SU BSECTION (C) OF THIS SECTION DOES NOT 1
	147	+	APPLY IF THE DOG IS LAWFULLY AND AC TIVELY ENGAGED IN : 2
149	148
150		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
151		-	October 1, 2022.
	149	+	(1) HUNTING; 3
152	150
153		-	Approved by the Governor, April 21, 2022.
	151	+	(2) LIVESTOCK HERDING OR GUARDING; 4
	152	+
	153	+	(3) SLEDDING; 5
	154	+
	155	+	(4) SPORTING; OR 6
	156	+
	157	+	(5) TRAINING. 7
	158	+
	159	+	[(c)] (E) (1) A person who violates SUBSECTION (B) OF this section is guilty 8
	160	+	of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a 9
	161	+	fine not exceeding $1,000 or both. 10
	162	+
	163	+	(2) A VIOLATION OF SUBSECT ION (C) OF THIS SECTION IS A CIVIL 11
	164	+	OFFENSE PUNISHABLE B Y: 12
	165	+
	166	+	(I) FOR A FIRST VIOLATION, A WARNING; 13
	167	+
	168	+	(II) FOR A SECOND VIOLATI ON, A CIVIL PENALTY OF U P TO $500; 14
	169	+	AND 15
	170	+
	171	+	(III) FOR A THIRD OR SUBSE QUENT VIOLATION , A CIVIL PENALTY 16
	172	+	OF UP TO $1,000. 17
	173	+
	174	+	(F) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT A LOCAL 18
	175	+	GOVERNMENT FROM ADOP TING A REQUIREMENT FOR THE HEALTH AND SAFETY OF 19
	176	+	DOGS THAT IS MORE ST RINGENT THAN THE REQ UIREMENTS OF THIS SE CTION. 20
	177	+
	178	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
	179	+	October 1, 2022. 22
	180	+
	181	+
	182	+