LOORBOOK MEMO                                     HOUSE COMMITTEE ON THE JUDICIARY

Com. Sub. For H.B.2757                                                                 Prepared by: Brandon Hatfield

Phone: 3345

Email: brandon.hatfield@wvhouse.gov

(January 30, 2014)

SPONSORS: Delegates Sponaugle, Lynch, A. Evans and Andes

SHORT TITLE: "Private Cause of Action for the Humane Destruction of a Dog".

DATE INTRODUCED: February 27, 2013

CODE SECTIONS AFFECTED: W.Va. Code §§19-20D-1, §19-20D-2 and §19-20D-3(new article)

CHAIRMAN’S SUMMARY:

EXISTING LAW: West Virginia law does not have a statute that gives rise to a private cause of action for the humane destruction of a vicious or dangerous dog that attacks a person.

COMMITTEE SUBSTITUTE:

The bill creates a private cause of action seeking the humane destruction of a dog:

            (1) that has attacked a person and caused damages of $1,000 or greater; or

            (2) if the dog has attacked two or more people in the past two years.

FULL ANALYSIS:

            I. SUBSTANTIVE ANALYSIS

            A.        EXISTING LAW: West Virginia law does not have a statute that gives rise to a private cause of action for the humane destruction of a vicious or dangerous dog that attacks a person.

            B.        THIS BILL: The bill creates a private cause of action for a person who has been attacked and injured by a dog, causing damages in the amount of $1,000 or more, or for a person who has been attacked by a dog and the dog had attacked any person, requiring medical attention, previously in the past twenty-four months. This bill allows the victim of the attack to seek the humane destruction of the attacking dog. The bill also establishes the procedure for seeking relief under this article, the elements of the action, the burden of proof, and the limitations on relief granted. Finally, the bill details the process by which the humane destruction shall be ordered.

            C.        JUDICIARY COMMITTEE SUBSTITUTE COMMITTEE SUBSTITUTE: The committee substitute amends the new article designation to read “§19-20D-“. It also replaces all references to “euthanasia” with “humane destruction” to conform with current code terminology. The committee substitute also deletes conflicting language as it relates to the awarding of reasonable attorney fees and costs to the prevailing party. It also adds language that requires a qualifying attack on a person in the previous twenty-four months must have resulted in the seeking of medical attention.

FISCAL ANALYSIS: No Fiscal Impact.

CONSTITUTIONAL ISSUES: None.

GOVERNMENT AGENCIES AFFECTED: Courts.

RULE MAKING AUTHORITY: None.

COMMITTEE REFERENCE: Judiciary

TITLE ANALYSIS: The title to the bill as introduced appears to meet constitutional mandates.

DRAFTING ISSUES OR OTHER COMMENTS:

EFFECTIVE DATE: 90 Days from passage.