Virginia Bills
Opposing the bill was the VFDCB, a commercial breeder, and Donnita Ackley, who spoke for Bob Kane's organization. Bob Kane was not there. Alice Harrington spoke for us and did a wonderful job. She'll forward her comments here when she has time, I'm sure. I'd like to publicly thank her for taking on the "public speaking" aspect of this job -- it's one I don't enjoy and she does it extremely well!
The commercial breeder who spoke was very effective as well. She talked about her kennel set-up and how she sells her puppies (directly to the public because she wants to know the people who buy her pups -- and she doesn't ship), how her dogs are kept, and her staff. She did not say how many dogs she has, but she will be affected by HB538. With her were her husband, a hobby breeder friend, and one of her kennel employees who came to support her. She has a regular veterinary visit scheduled weekly and a groomer who works four days a week. I believe she said there were four kennel helpers as well. She is inspected regularly by AKC and has never had a single infraction of the rules. Near the end of her remarks, she had to leave the podium in tears -- she was talking about her old dogs. (The ones that are not placed -- or their placements do not work out -- after their breeding years live out their lives with her. She also has several old rescues.) Her point was that if breeders have to cut back drastically, the old ones will probably be put down.
The senators asked a lot of very pointed questions about the bill and it was obvious they have major concerns. There were a few minor amendments made. In response to the breeder's concern about her older dogs, the 50-dog limit was changed to "50 dogs FOR BREEDING PURPOSES" (in other words, retirees would not count.) The 50-dog limit can also be increased by local waiver (you can go to the county and apply to be able to keep more), and the requirement that local authorities enforce federal regulations was removed.
Bob Murray, former president of the Federation, attended, in spite of his recent medical problems. There are three or four other breeders (you know who you are!) who have shown up every week and have been extremely supportive. You have no idea how much easier this is knowing there are people in the audience on "our side."
And Michael Glass of America's Pet Registry Inc organized about 15 commercial breeders and got them there, so we had a good showing.
I'm still in Richmond and will be talking to some of the senators privately tomorrow, and when I get home, I'll let you know what we need to do next.
Sharyn Hutchens
Contact the Legislators
Chairman:
Harvey B. Morgan
Phone: (804) 698-1098
email:
DelHMorgan@house.
Robert D. Orrock, Sr.
Phone: (804) 698-1054
email:
DelBOrrock@house.
Edward T. Scott
Phone: (804) 698-1030
email:
DelEScott@house.
Daniel W. Marshall, III
Phone: (804) 698-1014
email:
DelDMarshall@
Matthew J. Lohr
Phone: (804) 698-1026
email:
DelMLohr@house.
Charles D. Poindexter
Phone: (804) 698-1009
email:
DelCPoindexter@
James M. Shuler
Phone: (804) 698-1012
email:
DelJShuler@house.
Lynwood W. Lewis, Jr.
Phone: (804) 698-1000
email:
DelLLewis@house.
Robert W. Mathieson
Phone: (804) 698-1021
email:
DelRMathieson@
M. Kirkland Cox
Phone: (804) 698-1066
email:
DelKCox@house.
Beverly J. Sherwood
Phone: (804) 698-1029
email:
DelBSherwood@
R. Lee Ware, Jr.
Phone: (804) 698-1065
email:
DelLWare@house.
Thomas C. Wright, Jr.
Phone: (804) 698-1061
email:
DelTWright@house.
Christopher B. Saxman
Phone: (804) 698-1020
email:
DelCSaxman@house.
Clarke N. Hogan
(804) 698-1060
email:
DelCHogan@house.
Brenda L. Pogge
Phone: (804) 698-1096
email:
DelBPogge4@house.
Kenneth R. Plum
Phone: (804) 698-1036
email:
DelKPlum@house.
Albert C. Eisenberg
Phone: (804) 698-1047
email:
DelAEisenberg@
Stephen C. Shannon
Phone: (804) 698-1035
email: De
lSShannon@
David L. Bulova
Phone: (804) 698-1037
email:
DelDBulova@house.
Margaret G. Vanderhye
Phone: (804) 698-1034
email:
DelMVanderhye@
Joseph F. Bouchard
Phone: (804) 698-1083
email:
DelJBouchard@
Bill History
The total is now 36. This should be the last edition to contain new
bills; I will post status reports from time to time hereafter. We
have five seriously bad anti-breeding bills plus a study that would
almost certainly recommend breeding restrictions. There are a total
of ten very bad bills including breeder licensing, breeding
restrictions, anti-tethering, 'seizure bond,' bad changes in animal
welfare standards, mandatory spay/neuter, and fee increases.
Both PAWS and California's HB 1634 made it to Virginia in this
session; the numbers are HB 538 and HB 1570, respectively.
I believe this is an all-time record for any state. Certainly it's
the record for any state where all the bills have a real chance of
passage.
New bills since the last issue are: HB 1486, HB 1570, both very bad
indeed.
I have indicated the priority of each bill with either '*' for bad
bills or '+' for good ones. '***' is a very bad bill, '**' is bad,
'*' is poor policy and the same (but 'good' rather than bad) for
'+++', '++', and '+'. Unmarked bills are neutral, of no concern, or
not worth wasting any time on.
Each year some bills have seriously misleading titles and/or
summaries. 2008 is an all-time low, with a quarter to half of the
bills having titles that conceal the main impact. That's NOT NICE,
folks.
PLEASE CONTACT SPONSORS OF THE ANTI BREEDING BILLS. Virginians who
have made these contacts and copied their local lawmakers should be
contacting the subcommittees or committees to which the bills are
assigned, in most cases the Agriculture Subcommittee of the House
Agriculture Committee.
IF YOU ARE IN VIRGINIA, COPY OUR LOCAL DELEGATE AND SENATOR ON ALL
YOUR EMAILS/FAXES TO OTHERS. If the people you vote for know your
concerns, they're more likely to look after them.
MANY OF THE WORST VIRGINIA ANTI-BREEDING AND OTHER BAD BILLS WILL BE
HEARD TUESDAY AT 7:30 AM in the House Agriculture Subcommittee. This
is the most likely place to derail them but contacts must be made
quickly. A list of subcommittee members may be found at:
http://leg1.
There's also a list of bills expected to be heard on Tuesday.
ALWAYS BE POLITE!
Walt Hutchens
Timbreblue Whippets
============
HB5 Gas chambers; prohibits use thereof for euthanizing companion
animals (Orrock) -- House Ag Com.
http://leg1.
Self explanatory
http://leg1.
Increases the penalty for offenses connected with the fighting of cocks from a class 3 to a class 1 misdemeanor. Adds a new offense 'possessing, owning, or training' cocks for the purpose of fighting.
http://leg1.
Self explanatory
http://leg1.
This makes clear that a pound (a shelter with a contract to provide required animal control services) can be PART of a facility, not necessarily an entire facility. (Some pounds are housed in four cages rented from an area vet ...)
http://leg1.
Defines 'adequate space' to include a two-finger fit of the collar, requires that tethered animals be kept from gaining access to public thoroughfares, and that the tether be at least 10' or three times the length of the animal whichever is greater.
Also adds the following:
§ 3.1-796.68:1. Prohibitions on tethering; penalty.
A. It is unlawful for any person to tether any animal:
1. That is less than six months of age, except briefly in case of emergency;
2. That is not spayed or neutered, except briefly in case of emergency;
3. Using a tether weighing more than the animal's weight can reasonably bear in the >opinion of an animal control officer or third-party expert;
4. Without adequate space, shelter and other care as defined in § 3.1-796.66;
5. When temperatures are greater than 85 degrees, or lower than 25 degrees Fahrenheit;
6. In wet weather unless a fully enclosed and ventilated dry shelter is available; or
7. If space is inadequate to establish separate areas for eating or sleeping and defecation >or urination.
B. Any person who violates any provision of this section is guilty of a Class 3 >misdemeanor.
§ 3.1-796.68:2. Localities may adopt tethering ordinance; penalty.
A. Beginning January 1, 2008, any locality may by ordinance regulate
the tethering of animals. If adopted, such an ordinance may be more
restrictive than the provisions of subsection A of § 3.1-796.68:1.
In addition, the ordinance may prescribe the hours during which
tethering is prohibited and may prohibit tethering as the primary
means of confinement.
B. The governing body may provide that any person who violates the
provisions of such ordinance is guilty of a Class 3 misdemeanor.
http://leg1.
Increases training by requiring it to be given within one year after starting work (instead of two) and requiring 20 hours additional training every year rather than 15 hours every three years.
http://leg1.
Adds cats to a list of animals (including dogs) the theft of which is a class 5 felony. (Penalty for class 5 felony is 1-10 years in prison or if the case is tried without a jury, up to 12 months in jail and/or a fine of up to $2500.)
http://leg1.
This would repeal § 3.1-796.87:1 thus ending the requirement that veterinarians provide local authorities with copies of rabies vaccination certificates.
http://leg1.
This bill would restart the humane investigator program by allowing certification and appointment of new investigators.
http://leg1.
§ 46.2-811.1. Driving with animal impeding control prohibited.
No person shall operate any motor vehicle on the highways of the
Commonwealth with an animal on his lap nor shall he permit an animal
to impede his free access to and use of vehicle controls or to
obstruct his vision.
Gee ... talk about micromanagement.
http://leg1.
This would eliminate public access to rabies vaccination info sent to local licensing authorities except for info that is contained in dog license records. Rabies certificate copies sent to local authorities would have to be destroyed when no longer needed.
http://leg1.
This bill would define as a 'commercial breeder' "any person who breeds dogs as companion animals and who maintains 20 or more unsterilized adult females for the purpose of commercial breeding during any 12-month period." Commercial breeders would be limited to 50 dogs max, would have to be licensed and inspected, keep specific records, facilities would have to meet certain fire safety standards and there would be other restrictions.
HB655 ++ Dangerous dogs; judicial discretion (Griffith) -- House Ag Com.
http://leg1.
This adds the following to the definition of 'dangerous dog' in § 3.1-796.93:1.
No dog that has bitten, attacked, or inflicted injury on a person
shall be found to be a dangerous dog if the court determines, based
on the evidence before it, that the dog is not otherwise dangerous
or a threat to the community.
HB656 ** Animal protection and fighting (Griffith) -- House Ag Com.
http://leg.
This broadens Virginia's anti-dog fighting law to cover any animal.
It adds a variation on the increasingly common 'surety bond' provision. No more than 10 business days from the date of seizure there will be a hearing to make a preliminary determination of whether the animal has been used or intended for use in animal fighting.
If you want to contest the charges (rather than plead guilty) you will be required to post a 'surety bond.' Such bonds are actually prepayment at a rate that is typically $10/day for the care of your animals by a pound while your case is tried. Prepayment is in nine-month chunks, so for ten dogs you need to find $27,000 or your dogs are gone. If you sign over your dogs, you still have to go to trial and you won't get them back, even if you are found not guilty. However you DO get your bond back if you pay but are found not guilty.
There are additional provisions.
http://leg1.
This bill changes a number of definitions in § 3.1-796.66.
The definition of 'abandon' is changed to reduce the period of failure to provide care from five days to 24 hours.
The definition of 'adequate shelter is changed to require that "if an animal is tethered, adequate shelter means a shelter large enough to provide separate eating and resting areas, both of which are at least 10 feet from a toilet area." Also, wire floored enclosures would no longer be allowed.
The definition of 'adequate space' is changed to require that a tether be "no more than 1/8th of the weight of the animal, and at least 20 times the length of the animal ..."
The definition of 'adequate water' is changed to require constant access to water that is refreshed whenever depleted, and is in containers that cannot be overturned.
The definition of 'adoption' is changed to include the transfer of ownership of any companion animal from a dealer to an individual.
http://leg1.
This basically would require USDA dealers to also get a license from their localities. The license would cost $150; anyone having one would have to allow animal control to inspect if there is a complaint or at any other time during daytime hours.
http://leg1.
Requires local ACOs to inspect 'dealers' who breed companion animals four times yearly ... but read all of the following to see the full meaning of this.
§ 3.1-796.104. Animal control officers; powers and duties. [ In part]
The animal control officer shall make quarterly inspections of any
premises in his jurisdiction where dealers breed companion animals.
The animal control officer shall ensure that dealers comply with
state and federal standards for sanitation, licensure, and adequate
care.
Remember that in Virginia law, the definition of 'dealer' is:
"Dealer" means any person who in the regular course of business for
compensation or profit buys, sells, transfers, exchanges, or barters
companion animals.
This is being interpreted in some VA localities as including hobby breeders.
HB 691 definitely gets the 2008 'Creativity in billwriting' award.
http://leg1.
In current Virginia law a locality may enact an ordinance requiring an owner of an animal held for more than 30 days to post a so-called surety bond -- actually, prepayment (usually at an extremely high rate) of care at the animal shelter. This bill would reduce the time to 15 days and REQUIRE that localities collect this prepayment, unless the court determines that it would be a financial hardship for the owner.
http://leg1.
Increases penalty for fighting of cocks to a class 6 felony, adds lots of new ways to be guilty, like permitting a minor under 18 to do it or possessing any device or substance intended to enhance an animal's ability to fight.
http://leg1.
This would give a tax credit of up to $50/procedure for veterinarians who do "any medical procedure at no cost" on animals that have been held in a pound or shelter.
It would also give a tax credit of up to $50/adoption to persons adopting animals from pound or non-profit shelter.
There are no limits on the per individual tax credit.
http://leg1.
Here's the punch line:
Any dealer that breeds more than 20 litters of dogs or cats, or
sells more than 100 dogs or cats, in any year shall be guilty of a
Class 3 misdemeanor.
Senator Ticer, Chairman of the Senate Agriculture Committee, is co-patron of this bill.
http://leg1.
This would give a tax credit of up to $50/procedure for veterinarians who do "spaying, neutering, euthanasia or other routine or emergency services or procedures at no cost on animals that have been held in a pound" [or non-profit shelter, rescue, etc.] up to a maximum of $2500/year/veterina
It would also give a tax credit of up to $100/adoption, maximum two adoptions in a year to persons adopting animals from pound or non-profit shelter.
Both credits are limited to the actual tax liability. The veterinarian'
These credits are retroactive to any tax year beginning on or after January 1, 2007.
http://leg1.
Self explanatory.
http://leg1.
This bill completely revises and reorganizes Title 3.1 of the Code of Virginia which, among other things, contains the Virginia Comprehensive Animal Laws. This sort of overhaul is a good idea; over time any large body of code comes to have 'bugs,' variations in usage, and such. There SHOULD be no changes in meaning, but we'll have to read this from end to end to be sure.
Yep, the WHOLE THING. 'Cause the committees sure aren't going to read it, and once this bill passes, whatever's there, will be the law. It won't go into effect until October 1 but if there are problems it would be a lot better to find them now, while they can simply be amended away.
The Comprehensive Animal Laws are almost at the very bottom of the page linked above.
http://leg1.
This would give a tax credit of up to $100/adoption, maximum one adoption in a year to persons adopting animals from pound or non-profit shelter. The credit is limited to the actual tax liability and must be taken for the taxable year in which the animal is adopted.
http://leg1.
This adds attending a dog fight and possession of 'any device or substance intended to train a dog for fighting or enhance a dog's ability to fight' to the list of felony offenses. There are numerous other changes.
HB1486 *** Dealer permits; local ordinances pertaining to real estate taxes for euthanizing (Athey)
http://leg.
In Virginia, 'companion animal' can be anything that anyone thinks is a pet. 'Dealer' is defined:
"Dealer" means any person who in the regular course of business for
compensation or profit buys, sells, transfers, exchanges, or barters
companion animals.
This is increasingly being interpreted as including hobbyists and a couple of localities have passed dealer licensing ordinances as already allowed by the law. This bill would REQUIRE localities to license all "dealers in companion animals." However the language is deceptive ... do take a look.
HB1570 *** Companion animals; sterilization; penalty (Hull)
http://leg1.
Think 'California AB 1634 for Virginia' -- but this one gets commercial sellers too.
Animal pounds, shelters, and rescue groups are already required to sterilize animals when sold, either prior to sale or by contract with the buyer for sterilization at a later time. This bill adds 'dealers' to that list.
Failure to comply would allow the state veterinarian or a court to void the sale. Both buyer and seller would be fined $150. There are a number of specific requirements for the pet sales contract.
The three kinds of 'good' breeders who would be exempt from the mandatory spay/neuter requirement are defined as follows:
1. "'Breed improver' means a person who: (i) breeds working dogs, show dogs, and hunting dogs or cats of specific breeds, not as a source of income, but to perpetuate the breed or eliminate physical shortcomings and disease, or who could otherwise demonstrate a conscious and deliberate plan of breed improvement; and (iii) adheres to the American Kennel Club's 22 responsible breeding steps, United Kennel Club's breeders code of ethics, American Working Dog Federation's constitution and bylaws, or a substantially similar code of ethics or Cat Fanciers' Association breed standards."
2. "'Fancier breeder' means a person who: (i) regularly shows or competes at competitions sanctioned by the American Kennel Club, the United Kennel Club, the American Working Dog Federation and their member clubs, or the Cat Fanciers' Association and their sanctioned competitions, or similar organizations for rare breed dogs and cats; and (ii) adheres to the American Kennel Club's 22 responsible breeding steps, United Kennel Club's breeders code of ethics, American Working Dog Federation's constitution and bylaws, or a substantially similar code of ethics or Cat Fanciers' Association breed standards."
3. "'Hobby breeder' means a person who wishes to breed and then will find homes for one litter, but not for profit."
Fraudulently claiming to be one of the above would get you a fine of $1000.
If this bill could work as written, it would shift Virginia to importing a large fraction of its dogs and cats. In the real world the result would be that a large fraction of our pet owners and nearly all non-commercial breeders would be in violation of the law.
HJ163 * Study; companion animals; report (Saxon) -- House Rules
http://leg1.
Establishes a joint subcommittee of the Senate and House of Delegates to "study issues relating to companion animals." The findings (whereas) at the start include an estimate of 2,784,880 companion animals in VA, that some owners abuse and neglect their animals, that shelters euthanized close to 100,000 out of 230,000 entering animals in 2006, and that violent dogs and dogfighting are addressed in laws.
The committee would have six legislative members: four Delegates, two Senators, two nonlegislative citizen members appointed by the Speaker of the House, one citizen appointed by the Senate Rules Committee, and the State Veterinarian; in all, ten members.
The committee is to meet four times during 2008. A majority of either the Senators or Delegates on the committee may kill any recommendation.
http://leg1.
This very short bill jacks the penalties for dog fighting up to the level of murder and rape by adding dog fighting to Virginia's Racketeer Influenced and Corrupt Organizations statute, intended to deal with drug dealing, prostitution rings, and the like.
http://leg1.
This just adds to a law requiring character education in schools the following provision:
Character education may also include aspects of humane education,
including compassion and responsibility in the treatment of
companion animals.
http://leg1.
Self explanatory.
SB592 * Animal protection and fighting; penalty (Norment) -- Senate Ag.
http://leg1.
On a quick read this is identical to (same bill as) HB 656.
SB637 * Required reporting of child abuse; animal control officers (Sen. Ticer, Dels. Marsden, J.M. Scott, Watts) -- Senate Rehab. & SS.
http://leg1.
Adds animal control officers to the list of persons required to report that a child is abused or neglected to authorities.
SB663 *** Local fees for companion animals (Blevins) -- Senate Ag.
http://leg1.
1. Requires that localities license cats as well as dogs. In current law, cat licensing is at the option of the locality.
2. Requires that localities impound cats as well as dogs if found running at large without the required tag or in violation of a locally adopted ordinance. ("Cat leash law.")
3. Raises the maximum license tax for dogs and cats from $10 to $25.
4. Adds an additional fee of not "more than $50 for the first impoundment of a cat or dog; $75 for the second impoundment of such animal; and $100 for each instance thereafter" to the actual expenses of keeping an impounded animal.
5. At present, owners must either bury or cremate dead animals or fowl. If they fail to do so, the locality may do it for them and charge them not more than $75/animal, $5/fowl. This allows localities to adopt ordinances permitting an owner to request the services of an officer or other person designated to bury or cremate a dead animal or fowl and changes the charges from $75 to actual costs plus a reasonable fee.
SJ69 ** Humane Treatment for Companion Animals Education Week. (Vogel, Edwards, Quayle) -- Senate Rules
http://leg1.
RESOLVED ... That the General Assembly designate the first full week
in February, in 2008 and in each succeeding year, as Humane
Education Week in Virginia and encourage the Department of Education
to require that all public schools in Virginia participate in the
week. The Department of Education shall advise all public school
divisions that they are currently permitted to provide appropriate
instruction regarding the humane treatment of animals and animal
safety utilizing volunteers and external materials. The Department
of Education is requested to ascertain the best educational
practices and programs currently employed by school divisions in the
Commonwealth to improve animal safety and the humane treatment of
animals;
