Virginia MSN Bill -- HB 1853 -- CROSSPOST OK
Sat Jan 6, 2007 7:44 pm (PST)
Yep, it's time for the annual mandatory spay/neuter bill from the
'Virginia Voters for Animal Welfare,' aka Lillian Clancy and Donald
Marro.
As usual, plain text is existing law, strikethroughs indicate text
that
would be removed if the bill passes, and italics show text that would
be
added. 'Releasing agencies' are shelters, pounds, humane societies,
and
pet rescue groups. The definition of 'dealer' is:
"... any person who in the regular course of business for compensation
or profit buys, sells, transfers, exchanges, or barters companion
animals. The following shall not be considered dealers: (i) any person
who transports companion animals in the regular course of business as
a
common carrier, or (ii) any person or organization whose primary
purpose
is to find permanent adoptive homes for companion animals."
This is generally considered to include hobby breeders.
In short this bill would require:
1. Anyone buying a dog or cat must have it sterilized within 30 days
after it becomes sexually mature. $150 fine if you don't.
2. Anyone selling a dog or cat must either sterilize it or require
that
to be done within 30 days after it becomes sexually mature. $150 fine
if you don't.
Fraud is punishable by a fine of $1000. If the State Veterinarian
finds
that the right things haven't been done, he can reverse the sale.
Three kinds of sellers would be exempt from these requirements. The
following are exact quotes from the bill:
1 "... A fancier breeder that (i) regularly shows the dog or cat being
bred at competitions sanctioned by the American Kennel Club (AKC),
United Kennel Club (UKC), American Working Dog Federation (AWDF) and
their member clubs, or the Cat Fanciers Association (CFA) and their
sanctioned competitions; and (ii) adheres to AKC's 22 responsible
breeding steps, UKC's breeders code of ethics, AWDF's constitution and
bylaws, or CFA's breed standards;
2. "... A breed improver that (i) breeds working dogs, show dogs, or
cats of specific breeds, not for profit but to perpetuate the breed or
to eliminate physical shortcomings and disease, or who could otherwise
demonstrate a conscious and deliberate plan of breed improvement; and
(ii) adheres to AKC's 22 responsible breeding steps, UKC's breeders
code
of ethics, AWDF's constitution and bylaws, or CFA's breed standards;
or
3. "A hobby breeder that wishes to breed and find homes for one
litter,
but not for profit.
Again, if you fraudulently claim exemption there's a $1000 fine.
There are of course a few problems with the mechanics of this but not
as
many as usual for a VVAW bill. The real problem is the intent to
eliminate unsterilized cats and dogs in Virginia. If you don't want to
take the trip then it doesn't matter if the car has square wheels,
does it?
This bill has a history. It was first introduced in 2004 as SJ 37, a
Senate Joint Resolution calling for the State Veterinarian to conduct
a
study proving that Virginia needed MSN and then write a bill requiring
the same; Ms. Clancy and Mr. Marro were going to pick up part of the
cost of the study. In 2005 it showed up as HB 2927, a real MSN bill
plus dealer licensing. In 2006 it returned for the third time, again
with dealer licensing plus mandatory microchipping. All of these were
from the VVAW and all were defeated -- the last two years with help
from
out of state folks.
This year's HB 1853 is obviously an attempt to pass a stripped-down
version; it's fair to guess that the previous versions show us where
they want to go with the idea.
As in the last three years Virginia isn't buying it and again this
time
I'm going to ask for your help in requesting that the sponsoring
Delegate withdraw his bill.
CROSSPOST OKAY! Thanks everyone!
Walt Hutchens
Timbreblue Whippets
Virginia
Bill shown next post
