MONTGOMERY, Ala. – After animal welfare advocates and lawmakers rallied on the State House steps on Tuesday morning calling for a floor vote, the House is set to consider Beau’s Law on Wednesday.
Senate Bill 361, sponsored by Senate President Pro Tem Garlan Gudger, R-Cullman, establishes minimum care standards for outdoor dogs. It would make keeping a dog outside without adequate food, water and shelter punishable by a Class C misdemeanor.
Beau’s Law was inspired by the namesake dog, Beau, who was found outside in cold weather with only cardboard for shelter.
The Senate passed the bill with no discussion by a vote of 28-1 last month. A House committee advanced the bill to the full House on March 18 with a few changes.
Before Tuesday night there was no action on the bill, but after the House adjourned, the House Rules Committee voted to add the bill to a proposed calendar for the penultimate legislative day.
Tuesday morning’s rally brought shelter and humane society employees and volunteers as well as animal lovers from across the state to Montgomery. Several held signs with pictures of dogs injured by heavy chains or too thin because of neglect.
Allison Black Cornelius, CEO of the Greater Birmingham Humane Society, has been a vocal supporter and leader in the fight for Beau’s Law. Black Cornelius reiterated to Tuesday’s crowd that the bill is essential because it allows law enforcement to intervene when they see unsafe conditions for dogs.
“(Beau’s Law) gives officers, for the first time in Alabama history, a clear legal standard to act when they find a dog without food, water or shelter,” Black Cornelius said. She later shared anecdotes of officers who had to leave scenes of abuse and neglect because current law does not allow them to act.
Per the bill, an adequate shelter has a roof, walls and a solid floor and is large enough to allow a dog to stand up and move around.
It also forbids Alabamians from tying a dog to a stationary object like a tree, stake or structure without a trolley system for long periods of time. It bans logging chains and choke or pinch collars as ways to tether dogs as well.
A person who violates any of the standards set in the bill would be responsible for the full cost of boarding and veterinarian care for the dog and would be guilty of a Class C misdemeanor.
Additional offenses would carry a charge of a Class A misdemeanor.
The bill exempts several situations from the tethering and confinement standards, including temporary instances like running into a grocery store and grooming. Hunting, service and working dogs would also be excused from the standards.
Law enforcement officers who have probable cause that someone has violated these standards of care could order the owner to change the dog’s living conditions or remove the dog if they believe the animal’s life is in danger.
The House’s committee substitute exempts commercial dog breeders from the law and allows animal control officers to remove dogs in addition to law enforcement.
Black Cornelius and Wendy Montealegre, an Alabama animal welfare advocate who organized the rally, emphasized the importance of an open vote.
“It is time,” Montealegre said. “Yes, those of us who speak on behalf of the voiceless, who bear witness to the suffering, we have the right to know who is supporting our efforts and who is not.”
Two organizations with powerful lobbies in the State House – the Alabama Farmers Federation and the Alabama Cattlemen’s Association – have publicly opposed Beau’s Law, creating roadblocks for its passage. Both organizations encouraged its members to contact their representatives to share their opposition to the bill.
The Alabama Farmers Federation endorsed Gudger, the bill sponsor, last October.
Gudger and Rep. Phillip Ensler, D-Montgomery, spoke in favor of the bill at the rally.
Gudger shared a personal story about how his rescue dogs kept him company while he recovered from a life-threatening boating accident. He said the bill is an opportunity to “positively impact the most vulnerable, defenseless, dependent and loving creatures among us.”
“(Beau’s Law) simply requires us to provide our pets with kindness, love and basic moral decency that they deserve,” Gudger said. “Adequate food, adequate shelter, adequate water, and then shelter from the elements, collars that do not choke and tethers that do not cause pain, harm or extreme duress, that’s all this legislation demands. And who can argue with any pet that should be denied these basic and fundamental elements that contribute to a quality of life?”
Ensler, the sponsor of a House companion bill, commended the advocates for showing “what democracy is about” by calling and emailing their representatives. He said the bill is about “basic human decency.”
“We should not even be having a debate about whether we need this legislation,” Ensler said to the crowd. “You all being here today shows that this is not just a Democrat or Republican issue. It is a human issue. It is about dogs. It is about common decency. It is about doing the right thing. So you all being here speaks loud and clear that all of Alabama is paying attention, that all of Alabama cares.”
Rep. Phillip Pettus, R-Killen, was the only other lawmaker present at the rally in support of the legislation.
The House will convene at 9 a.m. on Wednesday morning. Beau’s Law is second on the proposed special order calendar.