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VVAW Initiatives for 2007

Virginia Voters for Animal Welfare

www.VirginiaVotersForAnimalWelfare.com


2007 Proposed Legislation



Initiative #1

 

Gas Chambers

1)   all shelters/pounds presently using gas chambers must cease use thereof by 10/1/07

2)   thereafter, no facility, public or private, may use gas chambers for euthanasia

3)   although transition costs are de minimus, private funds in an amount not to exceed $1,500 will be available to any facility now using gas and wishing to transition to euthanasia by injection before 10/1/07 to defray actual transition costs

           

Initiative #2

Dealer Permits

any jurisdiction euthanizing any companion animal or feral cat colonies directly or indirectly must require dealer permits for dealers in companion animals


any jurisdiction using property taxes to fund its animal control function in whole or in part must require dealer permits


Initiative #3

Report Suspected Dog Fighting


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 such observations to the ACO and/or Sheriff for the jurisdiction where the observation occurred


the reports may 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



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 before release; failure to do so is punishable by a penalty of $150 and return of the dog/cat to the releasing agency by order of a General District Court

3)      a breed improver, fancier or hobby breeder whose activities are not for profit are not releasing agencies; any person fraudulently claiming such status will be fined $1,000

HOBBY BREEDER:                dog or cat owner who wishes to breed one such animal and find homes for one litter thereof ONE-TIME

 

FANCIER BREEDER:             dog or cat owner who regularly shows the dog or cat being bred 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


reinstate the humane investigator program statewide and allow those appointed to be reappointed 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 any humane society, (ii) passes a criminal background check, and (iii) completes an animal control course


humane investigators will report to the same functional authority to which the animal control function reports but be independent of supervision by animal control officers


costs of the humane investigator will be reimbursed by the local jurisdiction, including the costs of completing any required course work



Initiative #6

Humane Education

1)         Humane Education will 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 class-

            room time scheduled outside normal school hours of operation at the discretion of the ju-

            risdiction 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 Credits

Cost of adoption from a public pound or a 501c3 private shelter is a tax credit on Virginia income tax returns as of 1/1/07.


Expenses of veterinarians performing pro bono surgeries, spay/neuter, euthanasia, and other routine or emergency services, to animals in public pounds or to 501c3 private shelters, including a compensation allowance of $25/hour, are a tax credit on Virginia income tax returns as of 1/1/08, up to a maximum of $2,500 per applicant.



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 the need for ACO intervention, or the need for remedial vet care, or the death of a companion animal.


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 (nominal or actual) and punitive damages.



Initiative #9


Rabies Surcharge


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 September 1, 2007.  It shall be the responsibility of the veterinarian administering the shot to collect and forward these funds to the County Treasurers along with the rabies certificates.


A fund administrator shall be appointed by each jurisdiction to receive, disburse and audit use of these funds by clinics or other entities performing pro-bono or reduced cost spay/neuter upon application thereby.


Rescues, shelters, pounds and low cost rabies shot clinics, along with low cost rabies shots offered pro bono by vets, are exempt from this surcharge.


Nothing in this exemption will prevent rescues, shelters and pounds from collecting this surcharge if they wish in their adoption fee.

Initiative #10

Tethering

No animal less than 6 months of age, and no animal not sterile may be tethered.


No dog or cat may be tethered using a tether weighing more than the animal’s weight can reasonably bear in the opinion of an ACO or third party expert, 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 or goes below 25, 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.


Consistent with these parameters, localities after 1/1/08 shall impose restrictions on tethering, the physical configurations thereof, the hours during which and other conditions under which tethering may be restricted further, and shall prohibit tethering as the primary means of confinement.


Initiative #11

License Fee Cap Change

1)   a license fee will not be known as a tax

2)   license fee cap of $35 for the first dog or cat in an household; fees for additional dogs or cats may be set at or below this cap at whatever level the jurisdiction wishes; rescues and shelters are exempted from licensure but not the owners to whom they release

3)   kennel licenses will not be available except to hunt clubs or without good cause shown

4)   releasing agencies must sell a license to anyone adopting or purchasing from them

5)   licenses also will be sold at pet stores, pet food stores, vets, places selling hunting/fishing licenses, supermarkets, rescues, pounds and animal control; proceeds will be remitted with sales taxes; seller retains 5% of license fee as commission

6)   reminders shall be sent with property tax bills, personal property tax notices, DMV license/registration renewals; also mail-in form will be on county/municipality websites


10/21/06