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  • From: "Lynda" <lurine AT softcom.net>
  • To: <homestead AT lists.ibiblio.org>
  • Subject: [Homestead] Legislative Alert - Virginia
  • Date: Sun, 8 Jan 2006 14:44:57 -0800

You want an example of out of control legislation, this is it!

Lynda


For more information, contact Walt Hutchens at walthah AT earthlink.net

From: "Walter A. Hutchens" <waltah AT earthlink.net>
Subject: [Fwd) [pet-law] Virginia's SB 55 -- Breeder licensing -- What it would do

FORWARDING OKAY!

Part of the SB 55 story is that because of mistakes in the writing we can't
tell exactly what it would do. However there's plenty enough that's clear
to know that this is the equal of last year's HB 2927 which was the worst
state bill I'd seen yet. If you want to read it for yourself, the text is at:

http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+SB55

(Plain text = existing law; strikethrough = removed by SB 55; italics = added
by SB 55.)

Here's a summary:

1. Existing Virginia animal law defines a dealer as anyone who gets money
for a pet animal ("compensation or profit," a pet can be ANY animal) unless
you're a rescue or someone who just transports animals.

Up to now, there have been no licensing requirements for dealers. SB 55
would require dealers to get a license at a cost of $150 per year. There's
a $1000 fine if you claim an exemption to which you're not entitled.

2. SB 55 adds the following definitions:

A. "'Breed improver' means an individual who owns dogs or cats and breeds
working dogs or show dogs or cats of specific breeds, not for profit but to
perpetuate the breed, or eliminate shortcomings or disease, or who could
otherwise demonstrate a conscious and deliberate plan of breed
improvement."

B. "'Fancier breeder' means an individual who owns dogs or cats and
regularly shows the dogs or cats at AKC- or UKC-sanctioned competitions,
and these breeding and showing activities are not for profit."

C. "'Hobby breeder' means an individual who owns dogs or cats and wishes
to breed and find homes for one litter, and this breeding is not for profit."

3. You can't sell or advertise a pet for sale without a dealer's license.
Dealers must have a local business license -- good luck getting that in a
residential area! Money raised by licensing of dealers doesn't go
to the general fund (as animal-related revenue does now) but must be used
for animal control "including but not limited to spay/neuter programs."

4. Dealers must provide copies of their business license to a newspaper in
which they want to advertise and to any buyer. Anyone buying a pet who
does not get a copy of a business license will be fined $150.

5. Dealers and hobby breeders must follow the rules already in place for
shelters and rescuers: animals they sell must either be spayed/neutered
before sale or there must be a contract requiring the same not later than six
months of age. Violations cost $150.

6. After January 1, 2007, all dogs and cats must be microchipped before
sale with the chip registered to both the seller and the buyer.

7. Only a hobby breeder may buy a dog or cat without spay/neuter by six
months of age and (under the definition of hobby breeder) it must be
sterilized after one litter.

Much of this is not new -- we've seen it in other bills in other states. Nearly
all of it showed up in last year's HB 2927, sponsored by Del. Terry Kilgore.
However this year's version has more loose ends than the previous one.

Never mind the loose ends ... The clear intent of the bill is ugly enough to
tell us what to do. SB 55 needs to go into the same dumpster where HB
2927 now rots.

VIRGINIA NEEDS HELP. 'What-to-do' suggestions will follow.




  • [Homestead] Legislative Alert - Virginia, Lynda, 01/08/2006

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