Volume 2, Number 9 (May 15, 2011)

 

 

TOP NEWS

 

Texas Breeder Bill. **TEXAS BREEDER PASSED BY SENATE COMMITTEE** The Senate Committee on Criminal Justice held a public hearing on HB 1451, receiving testimony for two hours from opponents and supporters alike.  PIJAC submitted testimony against the bill in its amended form (as passed by the House of Representatives) noting that, while positive changes had been made, they were far short of what would be necessary to assure a reasonable and effective licensing statute.  Other opponents detailed a number of problems with the bill, from definitional defects to enforcement issues.  Click here to hear audio of the May 12^th hearing.  The committee chair invited participation from opponents seeking changes to the bill and indicated that amendments would be forthcoming. However, the bill has now been passed out of committee and will be sent to the Senate floor for action. PIJAC urges that, barring an appropriate amendment to address critical problems with the bill, Senators vote the measure down.  Click here to read PIJAC’s latest PetAlert on HB 1451.  Read a Pet Product News article on this issue.

 

Wisconsin Dog Breeder Rules. **NEW RULES ADOPTED** A rulemaking promulgated by the Wisconsin Department of Agriculture, Trade & Consumer Services to implement new rules regarding licensing and regulation of dog dealers, dog breeders, dog breeding facilities, animal control facilities and animal shelters was adopted on April 28^th. Ch. ATCP 16 is now law and will be effective June 1, 2011. Read PIJAC’s original PetAlert on this issue. Visit the Breaking News page of the PIJAC website soon to view the upcoming PetAlert summarizing this rulemaking.

 

BREEDER/KENNEL

 

California. **PASSED BY COMMITTEE** Assembly Bill 1121 would require pet dealers and breeders to send a monthly report on dog transfers to county/city agencies responsible for licensing. Existing law authorizes counties/cities to issue dog licenses for a fee. AB 1121 would create a “puppy license” for dogs up to one year old. The bill provides specific licensing terms for both the new puppy licenses and the existing dog licenses.   AB 1121 passed the Assembly Local Government Committee on May 4^th and is currently in the Assembly Committee on Appropriations awaiting further action. Click here to read PIJAC’s latest PetAlert on this legislation.

 

Hawaii. **HELD OVER TO 2012 SESSION** Companion legislation (Senate Bill 1522 & House Bill 1621), which would establish a licensing requirement for “large scale dog breeders”, was held over to 2012 when the Hawaii Legislature adjourned its 2011 session on May 5^th. Click here to read PIJAC’s original PetAlert on this legislation.

 

Maryland. **SIGNED BY GOVERNOR** Senate Bill 839, which requires licensure for persons who own 15 intact female dogs over the age of 6 months, kept for the purpose of breeding and selling their offspring, was signed by the Governor on May 10^th. In its original iteration, the bill required licensure for persons owning 10 dogs. Click here to read PIJAC’s original PetAlert on this legislation.

 

Montana. **DIED ON ADJOURNMENT** Multiple bills were introduced in the Montana Legislature this session to restrict the ownership, breeding and selling of dogs in the state. None survived, however, including a joint resolution that would have created a study committee to evaluate possible additional legislation in the future. The Montana Legislature adjourned on April 28^th meaning House Bill 390, House Bill 515 and House Joint Resolution 28 all died in their respective committees. Click here to read PIJAC’s PetAlert for more details on this legislation.

 

Nevada. **HEARD IN COMMITTEE** Senate Bill 299 has been amended to impose licensing requirements on dog and cat breeders. Unlike most state laws regulating breeders, this proposal would mandate that individual localities adopt ordinances providing for breeder licensing. SB 299’s new specific standards would prohibit the selling of any dog or cat that has not been microchipped and would establish restrictions on breeding, as well as enclosure requirements. The bill was heard before the Assembly Committee on Natural Resources, Agriculture, and Mining on May 12^th. Please read PIJAC’s revised PetAlert on SB 299 for more details. Click here to read a Pet Product News article on this issue.

 

Oklahoma. **ON GOVERNOR’S DESK** Efforts to battle punitive regulations that would put responsible dog breeders out of business and limit the availability of pets to the public moved a step forward with the passage of two bills by the Oklahoma Legislature. SB 637 requires that rules of the Board of Commercial Pet Breeders be submitted to the state legislature and the Governor for approval and also bars the Board from hiring any humane society group, or member, to perform inspections under the Act. HJR 1045 recognizes the authority of the legislature to designate the method for adopting rules by state agencies. The resolution formally resolves that “the Legislature hereby disapproves permanent rules” of the Board of Commercial Pet Breeders. Both measures were sent to the Governor on May 9th.

 

Vermont. **HELD OVER TO 2012 SESSION** House Bill 340 would propose to eliminate “puppy mills” by imposing restrictions on breeders with more than 10 female dogs and would impose a ban against having more than fifty unsterilized female dogs over the age of 6 months for the “purpose of breeding the dog and selling any offspring for use as a pet.” As the Vermont General Assembly adjourned for the year on May 6^th, HB 340 remains in the House Committee on Agriculture until 2012. Click here to read PIJAC’s revised PetAlert on this legislation. House Bill 371 was also held over to the 2012 session. This bill would impose criminal penalties for animal hoarding (defined as anyone who possesses five or more animals). HB 371 remains in the House Committee on Agriculture. Click here to read PIJAC’s original PetAlert on this legislation.

 

DOG/CAT

 

Hawaii. **HELD OVER TO 2012 SESSION** Legislation which would provide new dog tethering standards, including chain length requirements, weight and age prohibitions and penalties, has been held over to 2012. Senate Bill 1424 remains in the Committee on Judiciary & Labor as the Hawaii Legislature adjourned on May 5^th. Click here to read PIJAC’s PetAlert on this legislation.

 

Tennessee (Clarksville). **ORDINANCE DEFEATED** On May 5^th, the Clarksville City Council defeated an ordinance which would have limited the number of cats and dogs allowed to be kept on a residential lot, but passed two others regulating breeders and roadside pet sales. Those two proposals require a second vote before becoming law, and may come up again in the June City Council meeting. Click here to read PIJAC’s PetAlert for more detailed information. Click here to read a local news article on this issue.

 

PET STORE/DEALER

 

California (Los Angeles). **MOTION MADE FOR BAN ON COMMERCIALLY-BRED ANIMALS** City Councilmember Paul Koretz has made a motion to ban the sale of commercially bred dogs, cats, chickens and rabbits within Los Angeles city limits. The motion also proposes the establishment of a program in which licensed pet stores would be required to make shelter animals available for adoption at those stores on a regular or periodic basis. Currently, no formal language or ordinance has been provided. Councilmember Koretz has called for the Chief Legislative Analyst, the City Attorney and the Los Angeles Police Department to study and make recommendations on the proposed ban. PIJAC will be issuing a PetAlert with recommendations for action. Visit the Breaking News page of the PIJAC website regularly for updates on this issue.

 

Hawaii. **HELD OVER TO 2012 SESSION** House Bill 243 would ban the sale of dogs and cats by retailers unless the animal has first been sterilized. The bill remains in Conference Committee until next year as the Hawaii Legislature adjourned on May 5th. Click here to read PIJAC’s original PetAlert on this legislation.

 

New York. **AMENDED & HEARD IN COMMITTEE** Companion legislation which would subject pet stores to license suspension or revocation hearings based on mere allegations of a failure to meet licensing standards without ever being given the opportunity to challenge the allegations is on the move in the New York Legislature. Assembly Bill 77 passed the Codes Committee on May 3^rd and is on the Assembly Calendar awaiting further action, while Senate Bill 3479 remains in the Senate Agriculture Committee. Click here to read PIJAC’s PetAlert on this companion legislation.

 

Washington. **SIGNED BY GOVERNOR** House Bill 1538 was signed by the Governor on April 29^th. This bill makes it unlawful for a person “to transport or deliver an animal to any physical address other than the physical address of the destination designated by a certificate of veterinary inspection, import health papers, permits, or other transportation documents required by law or rule”. The bill does provide, however, that the Director of the Department of Agriculture may exempt animals from this requirement by rule. Click here to read PIJAC’s original PetAlert on this issue.

 

SPAY/NEUTER

 

Maryland. **SIGNED BY GOVERNOR** Legislation which creates a task force to evaluate the establishment of a Spay-Neuter fund in the state has been enacted in Maryland. SB 639 passed with an amendment to add PIJAC and PFI as task force members. Click here to read PIJAC’s original PetAlert on this issue.

 

NON-ECONOMIC DAMAGES

 

Vermont. **HELD OVER TO 2012 SESSION** House Bill 256 and Senate Bill 51 would hold a person who intentionally kills a pet liable to the deceased pet’s owner for non-economic damages for emotional distress resulting from the loss of the reasonably expected companionship, love and affection of the pet. Both bills remain in the Judiciary committees of their respective chambers as the Vermont General Assembly adjourned its 2011 session on May 6^th. Click here to read PIJAC’s original PetAlert on these bills.

 

REPTILE/AMPHIBIAN

 

Ohio. **GOVERNOR FORMING TASK FORCE ** PIJAC has requested to be a member of a task force currently being formed by Ohio Governor Kasich to further study a proposed rulemaking by the Ohio Department of Natural Resources Division of Wildlife pertaining to a ban of “dangerous wild animals” (Emergency Administrative Rule 1501:31-19-05). The proposal sets to ban the ownership, breeding, selling, trading and bartering of a list of animals, including large constrictors, venomous snakes and more.  Click here to read PIJAC’s latest PetAlert on the rulemaking.

 

AQUATICS

 

Hawaii. **HELD OVER TO 2012 SESSION** Senate Bill 580 would prohibit any person, at any time, from knowingly or intentionally selling or offering to sell, for aquarium purposes, aquatic life taken from any Hawaiian waters. This bill remains in the House Committee on Water, Land & Ocean Resources as the Hawaii Legislature has adjourned its 2011 session. Click here to read PIJAC’s original PetAlert on this bill. Similar companion legislation (House Bill 590 & Senate Bill 1098) was also held over to 2012. This legislation would prohibit the collection or sale for aquarium purposes of aquatic species unless the aquatic species appears on an aquarium collecting “white list”. Click here to read PIJAC’s original PetAlert on this legislation. 

 

2011-2012 SESSION SUMMARY

 

To date this session, PIJAC has screened more than 8,000 pet industry-related bills, ordinances and regulatory proposals, of which it is actively tracking more than 1,000. Within the last two weeks legislatures in Colorado, Florida, Hawaii, Kansas, and Vermont have adjourned for 2011. Minnesota, Nebraska, Oklahoma, Tennessee and Texas are scheduled to adjourn over the next two weeks. This still leaves 28 states, the District of Columbia and the U.S. Congress in session. Click here to view a 2011 State Legislature Session Calendar to see when your state adjourns.

 

JOIN PIJAC AND BECOME EVEN BETTER INFORMED

 

PIJAC membership is open to all segments of the pet industry, as well as individual pet enthusiasts. Pet-related businesses, please visit the PIJAC website for membership information: www.pijac.org or contact Nancy Knutson, Director of Member Services: members@pijac.org.

 

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The PIJAC E-News is covered by PIJAC copyright. At this time, we grant permission for further transmission of the newsletter to interested parties or reproduction in part provided that: 1) the PIJAC copyright is referenced, 2) full attribution is given to PIJAC, and 3) the wording is conveyed in exactly the manner that it was provided by PIJAC. PIJAC reserves the right to change its reproduction/transmission policy at any time.

 

CONTACT US

 

If you need more information on government affairs issues, please contact Michael Maddox, Vice President of Government Affairs and General Counsel at: michael@pijac.org. For all other matters, please contact Mike Canning, President/CEO at: mcanning@pijac.org.

 

 

THE PET INDUSTRY JOINT ADVISORY COUNCIL (PIJAC) 1140 19^th Street, NW, Ste 300, Washington, DC 20036

Tel: (202) 452-1525 / (800) 553-PETS, info@pijac.org