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Virginia Legislative Update for 2014

 dog holding a wooden gavel in mouth 2014 LEGISLATIVE UPDATE

Virginia’s 2014 Legislative Session ended up being quite dynamic, with a number of legislative victories. These changes will go into effect tomorrow – July 1, 2014.

Legislative Victories

SB 228 (Bailey’s Law): This law requires pet stores to post information about the source of their dogs, including the breeders’ name, city, state and USDA license number. Additionally, SB 228 gives consumers a new remedy – for veterinary bills to care for a sick dog or cat purchased at a pet store, instead of being forced to return the animal to the pet store, or to absorb those costs if the purchaser kept the animal.

SB 42 (Fox Penning): This long-anticipated law phases out existing fox pens and prohibit new pens from opening.

HB 972 (Protective Orders): HB 972 authorizes courts to grant possession of a companion animal to protective order petitioners.

SB 177 (Service Animals): This law expands the definition of “service dog” to be more in line with the federal definition, by including dogs trained to assist those with physical, sensory, intellectual, developmental, or mental disability, or mental illness. [Read more…]

More on Tracey v. Solesky and Maryland dog bite cases

The Maryland General Assembly’s Task Force appointed to address Tracey v. Solesky are working on a bill, and the General Assembly may have the opportunity to vote on the bill during an upcoming special session this month.  The bill is expected to impose liability on all dog owners, regardless of breed, but revert to the common law for landlords, imposing liability only if the landlord knows of the dog’s vicious propensities.

In the meantime, the law remains as it was prior to the Tracey v. Solesky ruling.  Delegate Heather Mizeur sent a request to the Maryland Attorney General regarding the status of the law while Ms. Tracey’s motion to reconsider is pending in the Maryland Court of Appeals.  The Attorney General responded that Tracey v. Solesky is stayed and does not take effect until the Court takes up the motion to reconsider. [Read more…]

Free Downloads for Virginia Boarding Establishments

I’ve posted before about who is responsible for a boarded animal’s vet care, notice requirements for Virginia boarding establishments, and how bailment law impacts boarders and groomers.

Dog with cardboard sign hanging from his neckI won’t repeat these posts, but it is vital that you understand Virginia’s veterinary care and liability notice requirements for boarding establishments.  “Boarding establishments” are defined quite broadly, and would include kennels, doggy daycares, veterinarians and animal hospitals that board animals, and any other place where companion animals are “sheltered, fed and watered in exchange for a fee.”

The one point worth repeating is that Virginia boarding establishments are required to provide veterinary care to animals in their care.  You may not get stuck with the bill, but you absolutely must get care for the animal in the event of an emergency. [Read more…]

Public Meeting on the Solesky Decision this Sunday

The Maryland Animal Law Center will be hosting a public meeting on the fallout of the Solesky decision and what impact it has on pet care industry companies, rescues and owners.  The meeting is this Sunday, May 6 from 2:00 to 4:00 at Coventry School for Dogs in Columbia, Maryland.  This is a great opportunity to get up to speed on what impact the Solesky decision may have.

Sometimes Bright Line Rules Just Aren’t the Answer: The Problem with Tracey v. Solesky

Bright line rules have their place. Society often benefits from clear, objective and unambiguous rules, when those rules produce even-handed and predictable results and  have very little risk of creating harsh or unjust results. Take speed limits, voting ages, and Miranda warnings as examples.

the word "mistake" being whited out But sometimes life is not black and white. Bright line rules are inappropriate and dangerous tools any time the issues turn on a variety circumstances and there is a risk of sweeping up innocent activity or individuals. Then a balancing test, or case-by-case analysis, is much more appropriate.

Today, the Court of Appeals of Maryland opted for a bright line rule in exactly the kind of case where a bright line rule is inappropriate. In Tracey v. Solesky, the Court ruled: [Read more…]

The Burden of Bailments: Lohre v. Posh Maids

hands holding a dog lease and collarOn August 17, 2011, Robin Lohre asked Posh Maids to clean her home. During the several hours it would take to clean the house, Lohre needed to run errands. Lohre made sure with the employee that her dog, Ruthie, could stay in the house during the cleaning. Lohre asked the employee not to let Ruthie out of the house, and gave careful instructions of how to go in and out of the mudroom if she had to go outside. Lohre then went to run errands with her six-year-old daughter.

Posh Maids called Lohre to tell her they were able to finish the cleaning a little ahead of schedule because additional employees arrived. Lohre and her daughter came home to find Ruthie dead under the dining room table. Lohre called Posh Maids, and was told that Ruthie was hit by a car, ran back home and was “whimpering a little.”
[Read more…]

Update on Virginia’s 2012 Legislative Session

wooden stamp that creates "update" in inkAs well as this legislative session started, not much positive happened for animals this year.  Here’s a rundown of what the General Assembly did this year:

HB 95 (Bear Hound Training):  Even though bear hound training was already allowed during most times of the day, this bill extended the hours of training bear hounds to include 4:00 AM to 10:00 PM.  The Senate  stopped this bill in its tracks last year, but it sailed through the House and the Senate this year and was signed into law by the Governor.

HB 158 (Prohibiting Devocalization):  This is the second time Virginia missed an opportunity to put a stop to the inhumane practice of devocalization. This bill was pushed off until 2013 when it was continued by voice vote in the Agriculture, Chesapeake and Natural Resources Committee. [Read more…]

Local Events and Animal Abuse Awareness Month in April

Animal Abuse Awareness Month is coming up in April.  What better way to kick this month off than by participating two local events this weekend!Local events and animal abuse awareness month in april

The Maryland State Bar Animal Law Section will be hosting its annual Animal Law Symposium this Friday, March 30 in Baltimore.  Topics will include incorporating animal law into private practice, prosecuting and defending animal cruelty cases, and how to set up a nonprofit organization.  Check out the Maryland State Bar’s website for registration information and the full agenda.  And good news for lawyers — this year, the Symposium will qualify for up to 7 hours of CLE credit!  Veterinarians can also earn continuing education credit.

The Virginia Federation of Humane Societies will also be hosting its annual conference in Williamsburg, Virginia on March 29-31, 2012.  [Read more…]

Humane Lobby Day and an Overview of Virginia’s 2012 Legislative Session

white dog holding a blank sign from his mouthPlease join the Virginia Federation of Humane Societies and the Humane Society of the United States this Thursday in Richmond for Humane Lobby Day.  There will be plenty to discuss with your representatives.  Here is my take on each of the companion animal related bills in this session:

STRONGLY SUPPORT:

HB 158 (Prohibiting Devocalization):  A great bill designed to end an inhumane practice. Virginia missed the opportunity to pass this last year, but will hopefully come through this session.

HB 363 (Companion Animals in Protective Orders):  This bill clarifies that judges have the ability to include companion animals in protective orders.

HB 650 (Notice of Euthanasia for Companion Animals):  This bill provides that shelters or pounds give notice to rescues in the position to help out before euthanizing healthy, adoptable companion animals.

HB 695/SB 202 (Prohibiting Fox and Coyote Penning):  Like dog fighting, which is now outlawed in all fifty states, fox penning is an inhumane “sport” that amounts to cruelty.

HB 888 (Allowing Local Anti-Tethering Ordinances):  This merely clarifies that localities have the ability to pass their own anti-tethering ordinances.

HB 1242/SB 477 (Prohibiting Exotic Animals):  A necessary response to the tragedy last year in Ohio.

SB 359 (TNR):  This bill clarifies that TNR is a legal and acceptable practice to control feral cat populations that should not be hindered by current abandonment laws.

HJ 143 (Spay Day):  Who could resist this?!

SUPPORT IN PART AND OPPOSE IN PART:

HB 537/SB 305 (Dangerous Dog Registry):  This bill makes good changes to shift more responsibility to local animal control officers, but the 45-day window to comply with the registration certification procedures is too long.  When there has been an issue such as obtaining insurance that has taken longer than the current 10-day window, animal control officers are more than willing to work with registrants.  A 15-day window would probably be sufficient.

STRONGLY OPPOSE:

HB 95 (Bear Hound Training):  Training is already allowed during most times of the day, and there is no reason to extend training into the late hours of the night and early hours of the morning.

SB 610 (Agricultural Animals):  This bill is a huge setback, as it tries to peel off hunting, working and show dogs from the definition of companion animals and puts all authority in the hands of the State Vet instead of localities and animal control officers.

Please reach out to your state representatives to ask for support regarding these vital companion animal issues.  If you are unsure of who your representatives are, or how to contact them, visit the Virginia General Assembly website.

Virginia 2012 Legislative Roundup, Part Two

As promised, here is more information about a few of the bills in this legislative session:

HB 1242/SB 477 would make it a Class 1 misdemeanor (punishable by up to 12 months in jail and a $2500 fine) to possess, sell or breed exotic animals.  This bill is in response to the tragedy last year in Ohio resulting in the death of almost fifty animals after the owner released the animals and killed himself.small cat crouching between wood panelsSB 359 will officially legalize Trap, Neuter and Return (TNR) programs. This bill clarifies that anyone engaged in TNR is not an “owner” who could be deemed to be “abandoning” the cats.

If you would like to know more about fox penning and HB 695/SB 202, the Humane Society of the United States has put together a video explaining this blood sport and why it is vital that we push to prohibit this cruel practice.  A major focus of Humane Lobby Day in Richmond this Thursday will be to gather support for these bills.

Last but not least is HJ 143, which would establish February 28 as Spay Day.

Now the bad news.  As is often the case, a devastating bill will sneak into the legislation when no one is looking.  And so it is with SB 610.  This bill would prohibit localities and animal control officers from regulating agricultural animals, placing all authority over agricultural animals in the hands of the State Vet.  This bill would also expand the definition of agricultural animals to include hunting, working and show dogs.  Needless to say, this bill would be a tremendous set back to animal welfare by placing a huge burden on the State Vet’s office, and taking the power to investigate and prosecute animal cruelty and neglect out of the hands of localities and animal control officers who are in the best position to take action.

Stay posted later this week for an overview of the good, the bad and the ugly in the bills geared towards companion animals in this legislative session.