Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 49 of 3307/5/2010TENNESSEEMemphis – (3/17/10) – Memphis spay/neuter proposal draws strong support. A majority of the 75 or so people who met in Memphis City Council chambers Tuesday to talk about aproposed mandatory spay or neuter ordinance for the city's dogs were already sold on the plan. They said opponents, including dog breeders, have financial interests in blocking theordinance. Ordinance opponents, who were significantly outnumbered, included Donna Malone, president of Responsible Animal Owners of Tennessee. Her research found that communitiesacross the country have instituted and repealed spay/neuter ordinances after experiencing increased shelter costs. She supports low-cost spay/neuter options and other educationalprograms. In January Flinn proposed a mandatory spay/ neuter ordinance for pit bull breeds only, but now says an ordinance for all dogs would have a better chance of passing legalobstacles.A draft of the ordinance has not been written, he said, there will need to be more research and additional meetings before a final ordinance is ready to present to the city council.TEXASWaco – (3/24/10) - Waco considers a spay/neuter ordinance. If you're thinking about having your pet spayed or neutered, that decision could get expensive in Waco. The city council isconsidering a plan that would require owner's to have a permit for their unfixed animals. That permit would come with a yearly fee. So the proposal is simple. If you don't get your pet spayedor neutered you'll pay for a license that says that's ok. In Dallas and San Antonio they run $50 to $100 dollars a year. The plan's backers emphasize it's not a mandate. Opponents say thecity has no right to charge owners who don't fix their pets. There would be exemptions for recognized breeders and certain service animals. The Waco City Council will be working to puttogether a more detailed ordinance proposal in the next few weeks. As of now, there's no vote set.UTAHPleasant View – (4/18/10) - If a dog is barking or an animal is causing some other concern, it will need to be a problem to more than one neighbor for the city to get involved. Councilmembers, except for Schott Boehme, who was not at the meeting, voted unanimously to change the wording in the city ordinance so that a nuisance would exist only if two or morehouseholds complained. Another change in the animal ordinance will be to no longer call the city animal-holding facility a shelter. "In a nutshell, it's a holding facility," said Police Chief ScottJackson. "It has adequate, humane standards for holding animals for three days, which is the minimum required by law. We do hold animals longer trying to find an owner, and we have hadsuccess getting animals adopted. "Legally, we are an animal- holding facility." To be a shelter, a facility needs round-the-clock staff and an office, said Community Development DirectorBruce Talbot.VIRGINIA(4/26/10) - A new law will require Virginia's education department to come up with a gun-safety curriculum for public elementary schools that incorporates guidelines from the NRA.Schoolchildren in Virginia who aren't old enough to pack their lunches yet will soon start learning about packing heat. Move over, Crime Dog McGruff. There's a new mascot on the playgroundand he's got the backing of the powerful National Rifle Association. The NRA's Eddie Eagle will soon be offering his brand of gun-safety lessons to the state's schoolchildren.A new law will requireVirginia's education department to come up with a gun-safety curriculum for public elementary schools that incorporates guidelines from the NRA. The law allows local school divisions to offergun-safety education to pupils in kindergarten through fifth grade. While each school board can decide whether to offer it, those that do must use the state curriculum -- which will include rulesused by the NRA's Eddie Eagle GunSafe Program.Harrisonburg – (3/25/10) – City Plans Animal Rights Mediation. The Rockingham/Harrisonburg SPCA, an activist group, Citizens for Animal Welfare, and the Shenandoah ValleySpay and Neuter Clinic plan to discuss their differences about animal rights through a mediation session proposed by the city. Mayor Kai Degner sent a letter to the SPCA, the SVSNC, Citizensfor Animal Welfare and Rockingham County inviting each group to participate in a voluntary mediation session with a professional mediator to resolve differences. “The opportunity here is toget people in a room and have a safe, constructive conversation about their perspectives of what’s been happening,” Degner said. Degner said every group has agreed to mediation, except forRockingham County, which plans to discuss it at its Wednesday meeting. Each group has agreed to share the cost of the mediator.Loudoun County – (4/16/10) – Bill would negate County’s Pit Bull Adoption Policy. A proposed change by Gov. Bob McDonnell (R) to a Virginia House of Delegates bill wouldmean that Loudoun County’s much-maligned animal adoption policy could no longer discriminate against pit bulls. On April 14, McDonnell announced that he amended an anti-animal crueltybill by Del. Dave Albo (R-Springfield), HB 281, to include language that would forbid public animal pounds from prohibiting the adoption of a dog based on breed. The same measure wouldalso not allow public pounds to euthanize a dog for the same reason. “It is important that legislation be passed making it the clear law of the Commonwealth that no dog can be euthanizedsolely because of their breed. This is a humane amendment, and I urge the members of the General Assembly to accept it,” McDonnell said in a statement. State lawmakers are scheduled toreconvene on April 21 to vote on amended bills. Earlier this year, the Board of Supervisors agreed to oppose another bill in the General Assembly that would have had the same affect asMcDonnell's amendment. That bill, HB 429, ultimately failed in committee. McDonnell’s amendment to Albo's bill, which would increase penalties for animal cruelty and has already beenapproved by lawmakers, would make Loudoun’s no-pit-bull-adoption policy illegal under state law. If accepted by the General Assembly, it would likely go into effect this summer.Richmond - (04/14/10) Gov. Bob McDonnell, following an opinion he issued when he was attorney general, has inserted a prohibition on breed-based euthanization of dogs in Virginia to aGeneral Assembly bill. The bill, HB 281, increased the penalties for animal cruelty in Virginia. McDonnell added language from another bill, HB429, which was defeated in a Housesubcommittee that says, "no pound may euthanize or prohibit the adoption of any dog based solely on breed". "This is a humane amendment, and I urge members of the General Assembly toaccept it when they return next Wednesday," McDonnell said in the release.WEST VIRGINIAParkersburg – (3/5/10) – Animal control force discusses report. Representatives of the Wood County Commission-appointed Task Force on Dog and Animal Controlrecommended possible changes in licensure and public information campaigns urging spaying and neutering of pets, as part of its report to the county commission. The group was appointedlast fall to look into short- and long-term solutions to animal control issues. A report from the task force was submitted to county commissioners in February. The county is required by codeto provide animal control services relating to dogs. The commission contracts with the private, nonprofit Humane Society of Parkersburg to provide those services. Cost of those services was$88,000 in 2007-2008 and $116,000 last year, according to county officials. The society has asked for an additional $15,000 for 2010-2011. The committee recommended public educationcampaigns, that could be grant-funded, to encourage pet owners to have their animals spayed or neutered. The committee members also noted not all dog owners are purchasing therequired license for their pets. There was discussion of possibly pursuing change through the Legislature to seek the ability to require licensure of cats and/or allowing counties the discretionof giving a discount on licenses for pets that are spayed or neutered. The society has also warned the county effective July 1, 2010, it will cease all animal control services for governmentalentities if additional funds are not forthcoming. Between all the governmental entities, officials said nearly $200,000 is paid to the humane society for the services.WYOMINGCheyenne – (4/18/10) - Wyo. pet laws have no bark, no bite. The state doesn't regulate animal rescues, its cruelty laws are vague and law enforcement officials don't consistentlyenforce what's already on the books, experts say. Two rural animal rescues on the high plains are located about 20 miles away from each other. One rescue is licensed by the state and isinspected regularly. The second rescue was not. About six weeks ago, officers arrived at the second rescue with a search warrant. Three people had reported they had visited the rescue,interested in adopting pets, but left feeling troubled about the filthy conditions. The raided rescue was called Litl' Bit of Love Animal Rescue and Sanctuary, located near the small town ofCarpenter east of Cheyenne. The owner, Marci Biesheuvel, has been charged. Drive 20 miles south and you'll arrive at the first rescue, Denkai Animal Sanctuary. That's in Colorado. And formore than a decade, businesses and nonprofits there that operate as animal shelters, rescues, breeders, groomers and pet stores have had to be licensed and inspected. The same goesfor Nebraska, Idaho, Oregon, Washington and many other states. But in Wyoming, there are no standards or regulations for facilities that are in the pet business -- for-profit and nonprofitalike. The statewide coordinator of the Wyoming Wild Horse Coalition -- who also advocates for the humane treatment of animals -- went on to say that current law could work if appliedliberally. The Wyoming Legislature likely will vote on a law next session that sets more specific care standards for pets. It's not outside the realm of possibility that regulations for businessesand nonprofits that deal with pets also could be considered. Rep. Bernadine Craft, D-Rock Springs, supports this. She said officials have complained to her that they have seen some badsituations they couldn't do anything about. Late in the 2009 session, Craft introduced a minimum pet care bill that proposed requirements such as making "actual water, not frozen water"available to dogs, cats and other pets, and keeping their living spaces "reasonably clean of filth." That bill failed. Since then, the Wyoming Livestock Board has been looking at drafting"animal protection legislation that actually had some teeth in it," said State Veterinarian Dr. Jim Logan. Ask any 10 people what the current law means, and you'll get 10 different answers, he