[ SHOWGSD-L ] (Fwd) General Assembly Lobbying Postmortem and Outlook

  • From: RihadinK9@xxxxxxx
  • To: showgsd-l@xxxxxxxxxxxxx
  • Date: Fri, 3 Feb 2006 00:59:36 EST

(From VHDOA) 

Dear Virginia Sportsmen and  Dog Owners,

Most of this week's legislative action was in yesterday's  House Agriculture 
Committee meeting, the focus of many of your emails and  phone calls.  

Both HB339 (Animal License Fees) and HB340 (Dangerous  Dog Owner 
Criminal Penalties) were further amended and reported (passed) at  that 
meeting. The amended (substitute) bills are now available online. See  the 
updates and hot links at  http://vhdoa.uplandbirddog.com/staterk.html  

Here's a capsule  summary.

HB339
$10/$5 statewide fees stripped. Lines 47-57 of the  introduced and 2/26 
subcommittee reported bill in pdf. Public monies for  public-private spay-
neuter programs stripped. Lines 119-120 of the  introduced and 2/26 
subcommittee reported bill in pdf.  

What's  left in HB339 is the Vet rabies, spay-neuter information-owner 
reporting  requirement to county treasurers for their direct license billing 
purposes,  (to increase tag sales - a pipe dream). No one who spoke before 
the five  member AG subcommittee on HB339 was permitted to address the 
full 22-member  committee. I was the only HB339 opponent at either meeting 
and wasn't  permitted to testify, but VHDOA's post subcommittee press 
releases  identifying the 99 counties and cities that would have had to 
increase fees  under HB339's $10/$5 mandates caused that and the spay-
neuter provision's  deletion, as did your many emails and phone calls. It's 
unfortunate that the  AKC's show dog federation supported this ill-advised 
bill, but positive  changes were made in it, despite the patron's 
misstatements 
about VHDOA's  spreading false rumors about the bill, cats not being 
licensed in Virginia  (eight counties license cats) and other matters.  

Please make a  note of the six delegates that voted against the amended 
HB339. They deserve  your thanks.  

Lee Ware (804) 698-1065
Kathy Byron (804)  698-1022
Chris Saxman (804) 698-1020
Clarke Hogan (804) 698-1060
Ben  Cline (804) 698-1024
Ed Scott (804) 698-1030

HB340 (Dangerous Dog  Owner Criminal Penalties) was a very heavily 
lobbied bill. Not only did many  of you contact full AG committee members 
objecting to this bill's features,  so did the bill's supporters. For the 
first 
time in recent memory, HSUS  corporate had a professional lobbyist present 
to support HB340, as did the  various HSUS clones, including the VFHS, 
VACA, et al. Also supporting this  dreadful bill was Tom Evans, representing 
the Virginia Federation of Dog  Clubs and Breeders (VFDCB). Our efforts 
made a very small dent in HB340. The  patron offered a change to lines 23-
24 of the reported pdf bill, i.e.  However, when a dog attacks or bites a 
companion animal, the attacking or  biting dog shall not be deemed dangerous 
(i) if no serious physical injury  as determined by a licensed veterinarian 
has 
occurred to the  companion  animal as a result of the attack or bite, or (ii) 
if 
the animals are owned  by the same person, or (iii) if such attack occurs on 
the dog owner's   property.  

That, rather limited exemption was clearly in direct  response to VHDOA's 
widely circulated example of a dog injuring an intruder  cat in its own back 
yard and the dog owner and dog both suffering as a  result. More significant 
for hunting dog owners was an "unfriendly"  amendment offered by 
Victoria's Tommy Wright. This change clearly disturbed  the patron. Teresa 
Dockery of VFHS-VACA objected to it. I spoke in its  favor. No one else 
spoke on the change. The accepted amendment to lines  24-26 protects dogs 
that might injure pets or feral cats while hunting. It  reads  

No dog shall be found to be a dangerous dog as a result of  biting, 
attacking, or inflicting injury on a companion animal while engaged  with an 
owner or custodian as part of lawful hunting or participating in an  
organized, lawful dog handling event.  

In the final analysis,  very few legislators wanted to vote against HB340, no 
matter how dreadful a  bill it is (presuming they understood that), for fear 
of being labeled  supportive of vicious dogs and their irresponsible owners, 
or unfeeling of  the Sullivan family's tragedy. Two solid legislators 
resisted 
the emotional  ground swell and voted against reporting HB340, Lee Ware 
and Clarke  Hogan.  

Action Item: Please contact Delegate Tommy Wright (804)  698-1061 to 
thank him for his valuable HB340 amendment and to urge that he  resist the 
almost certain effort to remove his amendment before a House  floor vote. 
Also make that same call to your individual House  representative.  

Looking ahead.

There are four active  General Assembly Dangerous Dog Owner Criminal 
Penalty bills, SB200, SB491,  HB340 and HB1039. At this point, SB200 and 
SB491 have both passed the Senate  and are awaiting House action. SB491 
and HB1039 contain identical,  well-crafted Crime Commission language 
creating class 6 felony punishments  for truly irresponsible dog owner 
behavior that results in severe injury to  a human. Neither Crime Commission 
bill includes criminal penalties for dog  injuries to pets or feral cats, as 
SB200 and HB340 do. The animal rightists,  ADOA and VFDCB strongly 
support SB200 and HB340. I see these bills as  unnecessary overkill and 
harmful advancement of the AR agenda.   

There is a possibility that the few, limited positive features of HB340  
might 
be incorporated into HB1039 tomorrow afternoon at a House Courts of  
Justice Committee meeting. Should that effort fail, as it did in Senate AG,  
the two chambers will work on each other's conflicting bills and probably  
required a House-Senate conference to reconcile further differences.   

Action Item: Please take the opportunity first thing tomorrow to contact  
Courts members and urge that they report (pass) HB1039 and also consider  
incorporating just two HB340 provisions, its Dangerous Dog Registry and  
the elimination of animal control officer self-determinations of which dogs  
are dangerous, leaving that decision to the courts.  

In other  news, five DGIF bills that reorganized, reformed and otherwise 
tried to  improve governance after last year's scandal have in consolidated 
into a  single, non-controversial bill, HB362. Maybe next year the needed 
process  and procedural reforms will find more support. Partisan politics 
prevented  such considerations this year. The bear parts sale bill, HB1061 
was  predictably buried.  

SB 55 - Companion animal dealers, the VVAW  bill introduced By Sen. 
Reynolds and not resolved by the Senate AG Committee  on January 23, 
2006, remains in limbo. It wasn't on the committee's agenda  this week and 
isn't there for next Monday. Rumors of two or more substitutes  have 
circulated this past week, but nothing's official. Unless the bill is  
reported 
and passed by a floor vote before February 14th, it dies on its  own.  

There are a few bills of modest concern pending before House  Rules and 
Finance Committees. More on those later. Thank you for your  magnificent 
support these last very trying weeks.   

Sincerely,
Bob Kane,  President
Virginia Hunting Dog Owners'  Association
http://vhdoa.uplandbirddog.com/  

Ginger Cleary, Rome, GA
"You should not examine legislation in the  light of the benefits it will 
convey if properly administered, but in the light  of the wrongs it would do 
and 
the harm it would cause if improperly  administered." Lyndon Johnson, 36th 
President of the  U.S.
http://www.rihadin.com  

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