HB277 Alabama 2018 Session

Existing law does not provide for procedures for handling claims relating to potentially or proven dangerous dogs.

This bill would establish the procedure by which a dog can be declared dangerous.

This bill would authorize a county attorney, municipal attorney, or municipal prosecutor to file a petition with the district or municipal court to declare a dog dangerous.

This bill would provide that a dangerous dog which causes serious physical injury or death to a person would be humanely destroyed.

This bill would provide that a dog found to be dangerous, but which has not caused serious physical injury to a person, could be returned to the owner if certain registration requirements are met and the dog is securely enclosed. This bill would provide for penalties, including felony penalties for violations of this act.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a two-thirds vote unless: It comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds or provides a local source of revenue to the entity for the purpose.

The purpose or effect of this bill would require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a two-thirds vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Relating to dogs; to establish a procedure by which a dog can be declared dangerous and be humanely destroyed; to provide that a dog found to be dangerous, but which has not caused serious physical injury to a person, could be returned to the owner if certain registration requirements are met and the dog is securely enclosed; to provide for penalties; to provide immunity for county officers and employees; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.