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2008 Initiatives
Virginia Voters for Animal Welfare
www.VirginiaVotersForAnimalWelfare.com
2008 Proposed Legislation
Initiative #1 - Gas Chambers
This is now HB40; patron is Del. James Scott. (see also HB1289; patron is Del. Clay Athey).
This is the language VVAW proposed which has resulted in HB40:
1. all shelters/pounds presently using gas chambers must cease use thereof by 7/1/08
2. no facility, public or private, may use gas chambers for euthanasia of companion animals, whether as a primary means of euthanizing, or as an emergency method for injured animals
3. private funds in an amount not to exceed $1,500 per facility now using gas and wishing to transition to euthanasia by injection will be available to defray transition costs
Initiative #2 - Dealer Permits
Any jurisdiction having an excess population of companion animals or feral cat colonies must require dealer permits for those satisfying the definition of dealer in companion animals
Any jurisdiction using property taxes to fund its ACO function must require dealer permits.
Initiative #3 - Dog Fighting
This bill has been filed by Sen. Roscoe Reynolds; it is Senate Bill 26. It only encompasses the RICO portion.
Makes dogfighting a RICO offense.
Strengthens the penalties for dogfighting.
Penalizes attendance at or watching broadcasts of dogfights.
Any public employee, volunteer or employee at a public or private pound or humane society, or veterinarian, after having observed injuries to dogs consistent with dog fighting, must report their observations to the ACO and/or Sheriff for that jurisdiction.
The reports will be written or oral and will include date and time of observation, owner’s name (if known), injuries observed, and whatever other particulars the local Sheriff or ACO may deem appropriate.
Failure to report such injuries is a Class 3 misdemeanor and the party derelict in this duty may be subject to a civil action for damages under this statute or 8.01-221.
Initiative #4 - Releasing Agencies
1. releasing agencies will include dealers, pet shops, and puppy mills doing business in Virginia directly or through the Internet
2. subject to age and/or health conditions, all releasing agencies must spay/neuter dogs/cats be-fore release; failure to do so is punishable by a penalty of $150 and return of the dog/cat to the releasing agency
3. a breed improver, fancier or hobby breeder is not a releasing agency; any person fraudulently claiming such status will be fined $1,000
HOBBY BREEDER: dog or cat owner who wishes to breed and find homes for one litter, ONE-TIME
FANCIER BREEDER: dog or cat owner who regularly shows dogs or cats at American Kennel Club (AKC), United Kennel Club (UKC), American Working Dog Federation (AWDF) and their member clubs, or The Cat Fanciers Association (CFA) sanctioned competitions and adheres to AKC’s 22 responsible breeding steps, UKC’s breeders code of ethics, AWDF’s constitution and bylaws, or CFA’s breed standards
BREED IMPROVER: dog or cat owner who breeds working dogs, show dogs, or cats of a specific breed(s) to perpetuate the breed, to eliminate physical shortcomings and disease, or who could otherwise demonstrate a conscious and deliberate plan of breed improvement, and adheres to AKC’s 22 responsible breeding steps, UKC’s breeders code of ethics, AWDF’s constitution and bylaws, or CFA’s breed standards
4. pet shops and dealers are not subject to 3.1-796.96, 3.1-796.96:5A.1 or 3.1-796.96:5F
Initiative #5 - Re-instatement of Humane Investigator Program
This is now HB464; patron is Del. David Albo.
This is the language proposed by VVAW which has resulted in HB464:
Reinstate the humane investigator program statewide and allow those appointed to be reap-pointed for three-year terms so long as they wish to serve or are competent to serve.
A person may be eligible for such appointment if he (i) receives written recommendation from the local animal control administrative entity or humane society, (ii) passes a criminal back-ground check, and (iii) completes an animal control course.
The bill requires humane investigators to report to the same functional authority to which the animal control function reports so long as the humane investigator is independent of animal control officers.
Initiative #6 - Humane Education
This is now SB438; patron is Sen. Jill Vogel.
This is the language proposed by VVAW which has resulted in SB438:
1. Humane Education will not be included in SOLs.
2. The program will be developed as official Department of Education curriculum that
teaches students responsible ownership of companion animals.
3. Instruction may be provided by volunteers or outside humane organizations with classroom time scheduled outside normal school hours of operation at the discretion of the jurisdiction but with course credit nevertheless.
4. The first full week in February will be Humane Education Week.
5. It shall be required of all public schools in the Commonwealth to participate in Humane
Education Week.
Initiative #7 - Tax Credit
This is now HB1080; patron is Del. Terry Suit. (see also HB1365)
This is the language proposed by VVAW which has resulted in HB1080:
Cost of adoption from a public pound or a 501c3 private shelter is a tax credit on Virginia income tax returns as of 1/1/08.
Expenses of veterinarians performing pro bono surgeries (spay/neuter, euthanasia, and other routine or emergency services) to animals in public pounds or in 501c3 private shelters or rescues are a tax credit on Virginia income tax returns as of 1/1/08.
Initiative #8 - Abuse Fines
Cruelty to animals, penalty. Increases the penalty from a Class 1 misdemeanor to a Class 6 felony for acts of intentional animal cruelty or deprivation of food, shelter, or care resulting in serious injury to or the death of a companion animal.
Removes the need to prove legal malice for repeat offenders.
A person or entity convicted, fined, or otherwise penalized for such abuse may be proceeded against by the owner, local humane society or rescue in a civil action to recover damages, including punitive damages.
Initiative #9 - Spay/Neuter Fund (FKA Rabies Surcharge bill)
A state-wide Spay/Neuter Fund shall be established from a three dollar ($3.00) surcharge added to the cost of each rabies shot administered in Virginia on or after 9/1/08. It shall be the responsibility of the veterinarian administering the inoculation to collect said funds and forward these funds to the County Treasurers together with the rabies inoculation certificates.
A fund administrator shall be appointed to receive and disburse these funds to pounds, 501(c)(3) clinics or other entities performing pro-bono or reduced cost spay/neuter upon application.
The $3 surcharge may be taken as a tax credit on Virginia income tax returns.
Initiative #10 - Tethering
This is now HB217; patron is Del. Kenneth Alexander.
This is the language proposed by VVAW which has resulted in HB217:
No animal less than 6 months of age, and no animal which is not sterile may be tethered.
No dog or cat may be tethered using a tether weighing more than 1/8th the animal’s weight, or without appropriate space, shelter and other care as provided for by the Code of Virginia. There shall be a tethering ban notwithstanding shelter availability on days when the temperature exceeds 85 fahrenheit or goes below 25 fahrenheit, or in wet weather if the shelter isn't dry, or if the space provided is inadequate to establish separate areas for eating/sleeping and defecation/urination.
Localities after 9/1/08 shall impose restrictions on tethering, the physical configurations thereof, the hours during which and conditions under which tethering may or may not be allowed, and will prohibit tethering as the primary means of confinement.
Initiative #11 - License Fee Cap Change
1. license fee cap of $35 for dog and cats; additional dogs or cats may be set as low as $2.00 each; rescues and shelters exempted
2. kennel licenses will not be available without good cause
3. releasing agencies must sell a license to anyone purchasing from them
4. licenses also to be sold at pet stores, pet food stores, vets, places selling hunting/fishing i-censes, supermarkets, rescues, pounds and animal control; remit with sales tax or quarterly; seller retains 5% of license fee as commission
5. reminder sent with property tax bill, car decals, license/registration; also mail-in form
Initiative #12 – privatization
This bill will divest the State Vet of its companion animal inspection and reporting functions and allow for a private third part entity to perform both, including levying civil fines.
The proceeds of the civil fines will be used to reimburse the third part entity for its costs, with the excess used for spay/neuter programs and animal control expenses in the jurisdictions pro-rata.
Initiative #13 – Animal Welfare Standards (aka definition changes)
This is now HB673; patron is Del. Kenneth Alexander
This bill will update the definitions part of 3.1-796 (the animal welfare code) to strengthen the hydration requirement (water to be constantly available and changed at least every 10 hours), rationalize the abandonment definition (reduce abandonment from 5 days to 24 hours), and improve tethering procedures (length of tether to be 10 times animal length and weight of tether to be no more than 1/8th animal weight).
Initiative #14 – seizure
This bill simplifies the process by which Commonwealth Attorneys must obtain judicial approval for seizures in animal cruelty, abuse, or dogfighting cases.
January 13, 2008 9:11 AM