HOUSE CONCURRENT RESOLUTION NO. 85

(By Delegates Campbell and Canterbury)
Requesting the Joint Committee on Government and Finance conduct a study to review, study and examine the issues related to preserving the public safety regarding dangerous animal attacks.

 Whereas, Domestic animals often are reportedly friendly, affectionate and well-behaved ; and
Whereas, Domestic animals are vital to the economy of West Virginia, including the hunting, farming and agricultural industries; and
Whereas, Domestic animals are a valuable component of law-enforcement and public safety agencies; and
Whereas, Domestic animals provide an indispensable service to individuals with disabilities and special needs; and
Whereas, Domestic animals trained for such industries and services are unlikely to pose a threat to the public safety; and
Whereas, Attacks may occur from a variety of animal breeds and hybrids ; and
Whereas, Serious and fatal attacks occur to the most vulnerable members of society, which are children and the elderly ; and
Whereas, Some animal attacks are fatal, and those victims who survive attacks are sometimes left permanently disfigured or disabled ; and
Whereas, There is often little recourse for the community when domestic animals are suspected to be dangerous or threatening ; and
Whereas, Several states and municipalities have enacted laws to address the threat of attack by dangerous animals ; and
Whereas, The interests of the public must be balanced with the interests of animal owners, particularly those owners whose animals have never displayed aggression or whose animals have been specially trained to perform meaningful and significant services to individuals or the public; and
Whereas, It is important to preserve the safety of communities and individuals in contact with domestic animals, but likewise to respect the rights of animal owners ; and
Whereas, The Legislature finds that it is necessary to study the issues regarding domestic animal attacks and explore remedies for maintaining public safety while respecting the rights of animal owners; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, study and examine the issues related to preserving the public safety regarding dangerous animal attacks ; and, be it
Further Resolved, That the study shall consider: The appropriate responsibilities of domestic animal owners; how to determine when a domestic animal is a potential threat to public safety; defining what constitutes an animal that is dangerous or a threat to public safety; the appropriate response or treatment for an animal designated as dangerous or a potential threat to public safety; and whether to apply any restrictions to animal breeds that are determined to be inherently dangerous; and, be it
Further Resolved, That the scope of the study does not include animals which are utilized in the hunting, farming, agriculture, or personal or public service industries; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.