[ SHOWGSD-L ] Please help stop this bill

  • From: TandJSmith5@xxxxxxx
  • To: showgsd-l@xxxxxxxxxxxxx
  • Date: Tue, 9 Jan 2007 11:42:58 EST

Virginia MSN Bill -- HB 1853 -- CROSSPOST OK
Sat Jan 6, 2007 7:44 pm  (PST) 
Yep, it's time for the annual mandatory spay/neuter bill from the  
'Virginia Voters for Animal Welfare,' aka Lillian Clancy and Donald  Marro.
Here's the link to the bill itself:

_http://leg1.http://lehttp://leg1http://leg1.http://leg1.<W_ 
(http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB1853) 

As  usual, plain text is existing law, strikethroughs indicate text that 
would  be removed if the bill passes, and italics show text that would be 
added.  'Releasing agencies' are shelters, pounds, humane societies, and 
pet rescue  groups. The definition of 'dealer' is:

"... any person who in the regular  course of business for compensation 
or profit buys, sells, transfers,  exchanges, or barters companion 
animals. The following shall not be  considered dealers: (i) any person 
who transports companion animals in the  regular course of business as a 
common carrier, or (ii) any person or  organization whose primary purpose 
is to find permanent adoptive homes for  companion animals."

This is generally considered to include hobby  breeders.

In short this bill would require:

1. Anyone buying a dog  or cat must have it sterilized within 30 days 
after it becomes sexually  mature. $150 fine if you don't.

2. Anyone selling a dog or cat must  either sterilize it or require that 
to be done within 30 days after it  becomes sexually mature. $150 fine 
if you don't.

Fraud is punishable  by a fine of $1000. If the State Veterinarian finds 
that the right things  haven't been done, he can reverse the sale.

Three kinds of sellers would  be exempt from these requirements. The 
following are exact quotes from the  bill:

1 "... A fancier breeder that (i) regularly shows the dog or cat  being 
bred at competitions sanctioned by the American Kennel Club (AKC),  
United Kennel Club (UKC), American Working Dog Federation (AWDF) and  
their member clubs, or the Cat Fanciers Association (CFA) and their  
sanctioned competitions; and (ii) adheres to AKC's 22 responsible  
breeding steps, UKC's breeders code of ethics, AWDF's constitution and  
bylaws, or CFA's breed standards;

2. "... A breed improver that (i)  breeds working dogs, show dogs, or 
cats of specific breeds, not for profit  but to perpetuate the breed or 
to eliminate physical shortcomings and  disease, or who could otherwise 
demonstrate a conscious and deliberate plan  of breed improvement; and 
(ii) adheres to AKC's 22 responsible breeding  steps, UKC's breeders code 
of ethics, AWDF's constitution and bylaws, or  CFA's breed standards; or

3. "A hobby breeder that wishes to breed and  find homes for one litter, 
but not for profit.

Again, if you  fraudulently claim exemption there's a $1000 fine.

There are of course a  few problems with the mechanics of this but not as 
many as usual for a VVAW  bill. The real problem is the intent to 
eliminate unsterilized cats and dogs  in Virginia. If you don't want to 
take the trip then it doesn't matter if  the car has square wheels, does it?

This bill has a history. It was first  introduced in 2004 as SJ 37, a 
Senate Joint Resolution calling for the State  Veterinarian to conduct a 
study proving that Virginia needed MSN and then  write a bill requiring 
the same; Ms. Clancy and Mr. Marro were going to pick  up part of the 
cost of the study. In 2005 it showed up as HB 2927, a real  MSN bill 
plus dealer licensing. In 2006 it returned for the third time,  again 
with dealer licensing plus mandatory microchipping. All of these were  
from the VVAW and all were defeated -- the last two years with help from  
out of state folks.

This year's HB 1853 is obviously an attempt to  pass a stripped-down 
version; it's fair to guess that the previous versions  show us where 
they want to go with the idea.

As in the last three  years Virginia isn't buying it and again this time 
I'm going to ask for your  help in requesting that the sponsoring 
Delegate withdraw his bill.  
CROSSPOST OKAY! Thanks everyone!

Walt Hutchens
Timbreblue  Whippets
Virginia



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