[ SHOWGSD-L ] the next battle...now Virginia's side:

From: Peggy <pmick12@xxxxxxxxxxx>
To: Showgsd-l <Showgsd-l@xxxxxxxxxxxxx>
Date: Mon, 08 Jan 2007 11:29:25 -0500
from the proposed bill in Virginia:  Here are the exemptions to the 
proposed mandatory spay/neuter bill.  Read it carefully...because it is 
worse than you think. 
<http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB1853>
4. 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;

5. 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

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

B. Any person fraudulently claiming an exemption under this section 
shall be subject to a civil penalty not to exceed $1,000. 


       Now...if you think that a fancier/breeder will be exempt because 
they show, read section 4 again.  It says SHOWS THE DOG OR CAT BEING BRED.
Not other dogs...

<>    As for items 5 and 6, the "gotcha" is the little phrase..."not for 
profit."

Not for profit is not, unfortunately, defined as "don't make money and aren't 
doing business in a way that's likely to make money."  If not for profit was 
defined the same way as hobby versus business is by the IRS, hobby breeders 
would be safe.  However, that's not the case.

In the past year, one Virginia locality (Fauquier County) has definied "not for 
profit" as being more than one litter per year.  Doesn't matter what species of 
pet, and doesn't matter if you give them all away or lose sixty thousand 
dollars a year on your hobby, and in Fauquier, some people very well may do.

Another (Fairfax County, with a population of about one million people)has 
defined ALL sales as "for profit."    Doesn't matter if you lose money.  

Given the track record of how localities interpret this term, I really don't 
think we should assume that this bill is okay.  Good intentions line the road 
to Hell, in case you have forgotten.  


If you want to read the whole proposal, click here:  
http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB1853




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[ SHOWGSD-L ] the next battle...now Virginia's side:

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