Breeder Regulation
*HB538 Commercial dog breeding operations; definition, penalty.
Bobby Orrock, Armstrong and Vanderhye (patron list updated 1/30/2008)
Summary: Defines commercial breeders as persons who maintain 20 or more unsterilized adult females for commercial breeding purposes. Commercial breeders will be required to: (i) apply for a business license from their respective locality; (ii) cooperate with inspections by animal control officers to ensure compliance with state and federal animal care laws; (iii) create a fire emergency plan and install fire safety measures; (iv) maintain records of animal sales, purchases, breeding history, and veterinary care; (v) dispose of dead dogs and confined waste in accordance with law; and (vi) maintain no more than 50 adult dogs at one time. Commercial breeders that violate any of these provisions are guilty of a Class 1 misdemeanor. Pet shops must ensure that their dogs are purchased from dealers that are properly registered and licensed with the U.S. Department of Agriculture. *(Humane Society of the U.S. [HSUS] #1 priority bill.)
HSUS failed three times in its attempt to impose federal licensing and 60+ pages of regulations on hobby dog breeders. Each time the U.S. Congress refused to amend the federal Animal Welfare Act to include breeders that sell at retail. Its merger partner also lost a federal lawsuit challenging the same USDA provision. The American Veterinary Medical Association, U.S. canine and cat registries and tens of thousands of pet owners opposed these efforts. HSUS publicly announced in December 2007 that it was carrying its federal hobby breeder regulation fight to Virginia and hired high-priced Richmond lobbyists. HB538, HB690, HB691 and other bills are the result. Note carefully: HB538 breeches the dog breeder regulatory distinction that has prevailed nationwide since 1970. This bill far exceeds federal law in its scope. It defines "commercial breeder" to include anyone with a large kennel that sells a single dog at retail or wholesale. Every breeding must be veterinarian approved. All kennels, identified through state tax filings, classified ads or the "gotcha" rabies database dog licensing system, will be screened for size and subject to unannounced, no warrant inspections. No kennel may have more than 50 animals older than four months of age at any time. Violation penalties for any provision include possible Class 1 misdemeanor fines and jailing for up to twelve months. HB538 is a very close relative to HSUS's disastrous federal "PAWS" bill, which was defeated in 2006 and again in November 2007. Only the cosmetics differ.
OPPOSE
Referred to Committee on Agriculture, Chesapeake and Natural Resources
Set for subcommittee hearing at 7:30 AM on 1/22/2008
Amended bill reported (8-Y 0-N)
Set for full ACNR Committee on 1/23/2008
Reset for 1/30/2008
Reported from ACNR with substitute (12-Y 9-N)
Referred to Committee on Appropriations
Set for subcommittee hearing at 10:00 AM on 2/7/2008
Recommended to report (7-Y 1-N)
Reported from Appropriations with substitute (17-Y 7-N)
Read third time and passed House (91-Y 6-N) on 2/12/2008
Set for Senate ACNR hearing at 9:30 AM on 2/18/2008
Passed by for the day - reset for 9:30 AM on 2/25/2008
Reported from Senate ACNR with substitite (14-Y 1-N)
Reported from Finance with amendment (16-Y 0-N)
Passed Senate with substitute with amendment (34-Y 5-N)
Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
Passed Senate with substitute with amendment (37-Y 3-N)
Senate substitute agreed to by House (94-Y 5-N) on 3/5/2008
Governor's recommendation that effective date be advanced to July 1, 2009 received by House on 4/11/2008

HB5 Gas chambers; prohibits use thereof for euthanizing companion animals
Support - HOUSE BLOCK VOTE (99-Y 0-N)
Passed Senate (40-Y 0-N)
Approved by Governor-Chapter 8 (effective 2/22/08)

HB207 Animal pounds, local; clarifies definition.
Support - HOUSE BLOCK VOTE (98-Y 0-N)
Passed Senate (40-Y 0-N)
Approved by Governor-Chapter 9 (effective 7/1/08)

HB217 Tethering of animals; makes certain acts associated therewith Class 3 misdemeanor
OPPOSE - Bill stricken by patron

HB334 Cats; Class 5 felony to steal.
No position - Defeated in Appropriations (11-Y 13-N)

HB690 Commercial breeding of companion animals; penalty.
OPPOSE - Bill stricken by patron

HB691 Animal control officers; inspection of breeding facilities.
OPPOSE - Bill stricken by patron

HB1232 Overbreeding of cats and dogs; penalty.
OPPOSE - Bill stricken by patron

HB1486 Dealer permits
OPPOSE - Tabled

HB1570 Companion animals; sterilization; penalty
OPPOSE - Tabled

HB656 Animal protection and fighting; penalty
Concerns
VHDOA Supports HB656, as amended
Passed HOUSE (93-Y 2-N)
Passed Senate (40-Y 0-N)
Approved by Governor-Chapter 543 (effective 7/1/08)

HB1465 Dogfighting; violations include attending such fights
Concerns
Incorporated in HB656-Griffith
VHDOA Supports HB656, as amended

HB1057 Cockfighting; imposes penalty of Class 6 felony on …
Concerns
Incorporated in HB656-Griffith
VHDOA Supports HB656, as amended

HB306 Animal control officers; training.
Concerns - Tabled in Agriculture, Chesapeake and Natural Resources (12-Y 9-N)

HB537 Rabies vaccination certificates; exempts records sent to local treasurers from public access.
This bill summary and title are totally misleading.
HOUSE BLOCK VOTE (99-Y 0-N)
Passed Senate (40-Y 0-N)
Approved by Governor-Chapter 16 (effective 7/1/08)

HB457 Veterinarian & animal licensure; repeals requirement to provide treasurer with rabies information.
Support - Bill stricken by patron.

HB464 Humane investigators; appointment by circuit court.
OPPOSE - Tabled

HB673 Animal welfare standards.
OPPOSE
HB673, as amended, is acceptable to VHDOA
Passed House BLOCK VOTE (98-Y 0-N)
Passed Senate (40-Y 0-N)
Approved by Governor-Chapter 127 (effective 7/1/08)

HB655 Dangerous dogs; judicial discretion.
Support - HOUSE BLOCK VOTE (96-Y 0-N)
Passed Senate (40-Y 0-N) with amendments
Senate amendments agreed to by House (95-Y 0-N)
Approved by Governor-Chapter 360 (effective 7/1/08)

HB999 Bond for abandoned or cruelly treated animals.
OPPOSE - HOUSE BLOCK VOTE (99-Y 0-N)
Passed Senate with substitute (40-Y 0-N)
Senate substitute agreed to by House (99-Y 0-N)

HB1080 Income tax credits for the care, protection, and adoption of certain animals.
OPPOSE - Left in Finance

HB1267 Income tax credit; veterinarian pro bono services tax credit …
OPPOSE - Left in Finance

HB1365 Income tax credit; animal adoption fee tax credit.
OPPOSE - Left in Finance

HJ163 Study; companion animals; report.
Support - Left in Committee on Rules

SB438 Character education; humane education
OPPOSE - Bill stricken by patron

SB637 Required reporting of child abuse; animal control officers.
No Position - Passed Senate (40-Y 0-N)
HOUSE BLOCK VOTE PASSAGE (97-Y 0-N)
Approved by Governor-Chapter 43 (effective 7/1/08)

SB663 Local fees for companion animals.
Serious concerns
License fee cap increases and cat licensing eliminated
Passed Senate (36-Y 3-N)
Reported from House ACNR with impoundment fee amendment
HOUSE BLOCK VOTE PASSAGE (94-Y 0-N)
House amendment agreed to by Senate (36-Y 3-N)
Approved by Governor-Chapter 345 (effective 7/1/08)

SJ69 Humane Treatment for Companion Animals Education Week.
OPPOSE - Stricken at request of patron

2008 General Assembly Contact Information