HB 81
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 81 (Delegate Lehman, et al.)
Environment and Transportation Judicial Proceedings
Crimes - Unattended Dogs in Extreme Weather Conditions
This bill generally prohibits a person from leaving a dog outside and unattended for longer
than 30 minutes without access to continuous “suitable shelter” during “extreme weather
conditions.” This prohibition does not apply if the dog is lawfully and actively engaged in
(1) hunting; (2) livestock herding; (3) sledding; (4) “sporting”; or (5) training. Violators
are guilty of a civil offense punishable by a warning for a first violation, a civil penalty of
up to $500 for a second violation, and a civil penalty of up to $1,000 for a third or
subsequent violation.
Fiscal Summary
State Effect: The bill is not expected to materially affect State finances, as discussed
below.
Local Effect: The bill is not expected to materially affect local government finances.
Small Business Effect: None.
Analysis
Bill Summary: “Extreme weather conditions” means temperatures below
32 degrees Fahrenheit or above 90 degrees Fahrenheit, or during an active weather warning
issued by the National Weather Service. “Suitable shelter” means a structure that (1) is
properly ventilated; (2) has a solid floor that is raised off the ground; (3) has a weatherproof
roof; (4) has four walls, one of which contains a doorway; (5) has insulation to allow a dog
to maintain its normal body temperature; and (6) is suitable for the species, age, condition,
size, and type of dog. “Suitable shelter” does not include (1) a crawl space that is under a
building or part of a building; (2) the space under a vehicle; (3) a floor consisting of wire
or chain link; or (4) a structure made from cardboard or other materials that are easily
degraded by the elements. “Sporting” means any athletic competition, skill competition,
obedience competition, or other competition intended for the participation of dogs.
The bill establishes that the bill’s prohibition, and an existing prohibition (discussed below)
against leaving a dog outside and unattended by use of specified types of restraints, does
not prohibit a local government from adopting a requirement for the health and safety of
dogs that is more stringent than those prohibitions.
Current Law: A person may not leave a dog outside and unattended by use of a restraint
(1) that unreasonably limits the movement of the dog; (2) that uses a collar that is made
primarily of metal or is not at least as large as the circumference of the dog’s neck plus
one inch; (3) that restricts the access of the dog to suitable and sufficient clean water or
appropriate shelter; (4) in unsafe or unsanitary conditions; or (5) that causes injury to the
dog. “Restraint” and “collar” are statutorily defined terms. In addition, a person who has
charge or custody of an animal, as owner or otherwise, may not unnecessarily fail to
provide the animal with, among other things, proper shelter or proper protection from the
weather.
A violation of any of these prohibitions is a misdemeanor, punishable by imprisonment for
up to 90 days and/or a $1,000 maximum fine. (This penalty is not changed by the bill).
State Fiscal Effect: Overall, the bill is not expected to materially affect State finances.
The Department of Public Safety and Correctional Services (DPSCS) indicates that it
anticipates costs of $41,725 in fiscal 2022, and $2,300 annually thereafter, to upgrade the
department’s kennel in Hagerstown in order to comply with the bill; however, the
Department of Legislative Services advises that it is not clear to what extent upgrade costs
at that facility result solely from the bill. Current law already requires that proper shelter
and proper protection from the weather be provided to animals, and the costs identified by
DPSCS include costs to provide air conditioning and heating for the kennel, which are not
explicitly required under the bill.
Any increase in general fund revenues due to the bill’s penalty provision is expected to be
minimal.
Additional Information
Prior Introductions: HB 406 of 2020, as amended, passed the House and was referred to
the Senate Judicial Proceedings Committee, but no further action was taken. Its cross file,
HB 81/ Page 2
SB 627, received a hearing in the Senate Judicial Proceedings Committee, but no further
action was taken. HB 501 of 2019, a similar bill, received an unfavorable report from the
House Environment and Transportation Committee.
Designated Cross File: SB 122 (Senator Kramer) - Judicial Proceedings.
Information Source(s): Caroline, Howard, and Prince George’s counties; Baltimore City;
City of Bowie; Department of Public Safety and Correctional Services; Maryland State
Commission on Criminal Sentencing Policy; Judiciary (Administrative Office of the
Courts); Office of the Public Defender; Maryland State’s Attorneys’ Association;
Department of State Police; Department of Legislative Services
Fiscal Note History: First Reader - January 13, 2021
rh/sdk Third Reader - February 17, 2021
Analysis by: Tyler Allard Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 81/ Page 3


Statutes affected:
Text - First - Crimes - Unattended Dogs in Extreme Weather Conditions: 10-623 Criminal Law
Text - Third - Crimes - Unattended Dogs in Extreme Weather Conditions: 10-623 Criminal Law