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["Lynda" <lurine AT softcom.net>]

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.