Home > Government Affairs > 2003 Animal Legislation
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spacer Animal Legislation — 2003 General Assembly Session
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House Bill 1831—Dangerous Dogs
Patron: Delegate Morgan
This bill adds to the definition of "dangerous dog" a dog that attacks or bites another dog and causes serious physical injury to the other dog. Dogs that injure dogs owned by the same person or during hunting are excluded. The current definition of "dangerous dog" includes dogs that attack companion animals other than dogs. This bill entitles the owner of any companion animal that is injured or killed by a dog to recover damages if (i) the injury occurred on the companion animal owner's premises and (ii) the owner of the offending dog did not have permission from the companion animal's owner to have his dog on the premises.

Senate Bill 895—Companion Animal Rescue Agencies
Patron: Senator Watkins
Senate Bill 950—Companion Animal Rescue Agencies
Patron: Senator Quayle
The compromise language in Senate Bill 950 amends the Code by (i) clarifying the definition of animal shelter as a nonresidential facility; (ii) deleting references to companion animal rescue agencies and adding definitions of home based rescue and foster care provider; (iii) adding requirements for pounds and animal shelters to secure signed statements specifying that none of the its directors, operators, staff, or animal caregivers has ever been convicted of animal cruelty, neglect, or abandonment; (iv) removing the State Veterinarian's authority to conduct inspections of companion animal rescue agencies and foster homes; (v) deleting registration requirements and fees for companion animal rescue agencies and foster homes; and (vi) stipulating that for recordkeeping purposes the release of an animal from a pound, animal shelter or other releasing agency to another pound, animal shelter or other releasing agency shall be considered a custody transfer and not an adoption.
This bill limits animal shelter notification and public accessibility requirements to those animal shelters that confine animals not received from their owner or from another releasing agency. This bill also limits notification to the pounds to those animals that the releasing agency finds or that have not been received from an owner.
The provision requiring companion animal rescues to be accessible to the public at reasonable hours and list their address and telephone number in a telephone directory is removed. A provision is included to shift the responsibility of "approving" out of state facilities or home based rescues from the State Vet's office to the releasing agency. The releasing agency must obtain a statement signed by an authorized representative of the out of state facility or home based rescue specifying that the entity (i) keeps records that comply with 3.1-796.105; (ii) requires that dogs and cats be sterilized; (iii) has secured a statement from each of its directors, operators, staff, etc. that they have never been convicted of animal cruelty; (iv) ensures that the provisions of adequate care and the performance of humane euthanasia, as necessary, are in accordance with the provisions of the Code of VA.
A provision is also included to limit the number of companion animals that a foster home can keep to no more than 50. The penalty for failure to comply with the provisions for home bases rescues/foster homes, as it relates to 3.1-796.96:5 and 3.1-796.96:6, is changed from a Class 1 misdemeanor to a civil penalty, not to exceed $250.
The final provision of this bill requires individuals finding a companion animal, within 48 hours to make a reasonable attempt to notify the owner of the animal and to notify the pound in the locality where the animal was found. The penalty for this provision is civil, not to exceed $50.

Senate Bill 1045—Civil Penalties
Patron: Senator Hanger
The civil penalty language for animal shelters that includes the term "operator" in 3.1-796.120 is removed. This language is no longer needed because it is in 3.1-796.96:2.

House Bill 1598—Rabies Confinement Period
Patron: Delegate Morgan
The number of days that a dog or cat shall be confined when it has been bitten or exposed to rabies is reduced from 90 to 45.

House Bill 1861—Dangerous Dogs, Delegate O'Bannon
Patron: Delegate O'Bannon
This bill removes the $50 cap on the mandatory registration fee for dangerous dogs in localities that have adopted a dangerous dog ordinance, and expands the liability insurance provision to $100,000.

House Bill 1865—Abandoning & Dumping Companion Animals
Patron: Delegate O'Bannon
Language that was put into the Code last year that made dumping a Class 3 misdemeanor was deleted. New language adds a provision to 33.1-346 that makes dumping a 'live' animals the same penalty as dumping a dead animal. The penalty is comparable to a Class 1 misdemeanor.

HB 1398—Litter-Penalty
Patron: Delegate Lingamfelter
A provision was included in 33.1-346 that allows the defendant to perform community service in litter abatement activities in lieu of the imposition of confinement in jail.

House Bill 501— Cruelty to Animals
Patron: Delegate O'Bannon
As a clarification, the language in 3.1-796.115 that gives judges the authority to ban any person convicted of animal cruelty from owning other companion animals was put into 3.1-796.122.

House Bill 2689—Dog Fighting
Patron: Delegate Bell
The amendments add possessing, owning, training, transporting, or selling dogs for the purpose of dog fighting to the dog fighting prohibitions. These acts are Class 6 felonies, as are the acts currently included in the dog fighting section.

HB 2705—Humane Investigators
Patron: Delegate Suit
This bill requires humane investigators to report to the local administrative entity that oversees animal control instead of the State Veterinarian. Humane Investigators who are appointed prior to July 1 can be reappointed if they have completed the required continuing education credits and receive a recommendation from the administrative entity that oversees animal control in the locality where they are seeking reappointment. A circuit court may appoint a person to fill a vacancy created when a Humane Investigator who was appointed prior to July 1, 2003, is no longer willing or eligible to be a Humane Investigator, provided the person seeking appointment (i) has received a written recommendation from the administrative entity that oversees animal control in the locality where the Humane Investigator seeks appointment; (ii) has never been convicted of animal cruelty or neglect, any felony, etc.; and (iii) has completed a basic animal control course.

House Bill 2705— Animal Control Officers
Patron: Delegate Suit
This bill clarifies that animal control officers can obtain a warrant as necessary to enforce the Comprehensive Animal Laws providing the execution of such warrant shall be carried out by a law-enforcement officer.

House Bill 2525—Nonprofit Sales and Use Tax
Patron: Delegate Orrock
Senate Bill 745—Nonprofit Sales and Use Tax

Patron: Senator K. Miller
The amendments add possessing, owning, training, transporting, or selling dogs for the purpose of dog fighting to the dog fighting prohibitions. These acts are Class 6 felonies, as are the acts currently included in the dog fighting section.

Bills Failed:

House Bill 2474— Animal Control Officers
Patron: Delegate Crittenden
This bill raises the license cap on individual dogs and cats from $10 to $30 and the kennel tax from $50 - $150.

Bills Stricken:

House Bill 2704— Holding Periods
Patron: Delegate Suit
Excludes "collar" as a form of identification for the purpose of determining the holding period for stray animals.

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To obtain bill copies: 804-698-1500 or http://legis.state.va.us/