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Posted 13 July 2007
View legislative update (PDF)
Legislative sessions continue to wind down; however, the following states remain in session: California, Illinois, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Wisconsin and District of Columbia. Bills or regulations adopted since June 18 include the following:
- Connecticut adopted legislation to enable courts to issue orders of protection for pets owned or kept by victims of family violence, stalking, or harassment.
- Delaware decided to allow online continuing education for veterinarians and veterinary technicians.
- Maine now requires animal shelters and animal vendors to be licensed. This legislation also requires mandatory spay/neuter for cats and dogs placed by rescue groups and shelters.
- New York decided to make permanent provisions authorizing a one-time, 3-year waiver of citizenship or permanent resident alien status for veterinarians and veterinary technicians who have accepted an offer to practice veterinary medicine in a New York county that the department has certified as having a shortage of qualified applicants to fill existing vacancies in veterinary medicine.
- Nevada adopted legislation prohibiting a person from allowing a cat or dog to remain unattended in a parked or standing motor vehicle in a manner that endangers the health or safety of the cat or dog. Exceptions are provided. Nevada decided to provide for pets, service animals or service animals in training during and after an emergency or disaster. In addition, Nevada adopted legislation to provide that an individual who intentionally, willfully, recklessly or negligently injures or kills the dog or cat of another person is liable for certain economic damages up to $5,000. That bill does not contain provisions for noneconomic and punitive damages.
- New Hampshire expanded license requirements for sellers of domestic animals and now requires that all out-of-state dogs, cats, and ferrets sold in the state be accompanied by an official health certificate.
- Oregon adopted legislation prohibiting the confinement of a calf or pig so as to prevent the animal from lying down and fully extending its limbs or turning around freely for more than 12 hours in any 24-hour period. Exemptions include veterinary care. With the adoption of SB 694, Oregon became the first state to ban gestation sow crates in pork production systems through legislative action. The move makes Oregon the first state to ban sow gestation stalls by legislative action and the third state to ban gestation stalls. The other states, Florida and Arizona, passed measures to eliminate gestation stalls through ballot initiatives.
- Also, Oregon now provides a good faith exception to liability in any civil or criminal proceedings where a veterinarian reports animal abuse to authorities. Veterinary reporting of animal abuse remains permissive in Oregon.
- Tennessee adopted legislation specifying how to determine the value of an animal where a court is making a monetary award against a perpetrator for the intentional killing of a police dog, search and rescue dog, guide dog, service animal or police horse.
- Texas will now provide for the evacuation and sheltering of household pets and service animals in the event of a disaster. Texas also adopted legislation placing limits on dog tethering.
On June 22, 2007, the California Court of Appeal upheld the City of West Hollywood's local ordinance prohibiting veterinarians in that municipality from declawing animals, and found that other California state laws, including the Veterinary Practice Act, do not preempt local regulation of veterinary activities. The court opinion included in it findings that the municipal ordinance was not expressly preempted by the Veterinary Practice Act; that the California legislature did not impliedly express its intent to "fully occupy" the entire field of veterinary medicine in enacting Veterinary Practice Act and even if the Veterinary Practice Act fully occupied the field, it would not render the municipal ordinance invalid, as the ordinance targeted animal cruelty, not regulation of veterinary medicine. The California Veterinary Medical Association is planning to appeal the decision to the California Supreme Court.
The last U.S. plant that slaughtered horses for human consumption will remain closed. On July 5, the U.S. District Court for the Northern District of Illinois upheld a new Illinois law that prohibits the slaughter of horses for human consumption, effectively shutting down the Cavel International, Inc. plant located in DeKalb, Illinois.
In other legal news, a suit filed by Farm Sanctuary, The Humane Society of the United States, American Society for the Prevention of Cruelty to Animals, The New Jersey Society for the Prevention of Cruelty to Animals, Animal Welfare Institute, Animal Welfare Advocacy, Save Our Resources Today, Center for Food Safety, and the Organic Consumers Association and others in 2004 alleged that New Jersey regulations governing livestock were inhumane. New Jersey law requires such regulations to provide for the humane treatment of livestock. New Jersey Superior Court determined in April of 2007 that state regulations were humane under the law and the groups appealed to the New Jersey Supreme Court and the Court decided this month that they would hear the appeal.
The link at the top of the page takes you to the latest chart of significant pending bills and regulations from around the country. Please note an added feature to our chart this month: the bill numbers are active hyperlinks that will take you to that bill's status page, the state Web site or the state's legislative site. Thank you for keeping AVMA informed about developments in your state, and please contact us if we can assist you with your advocacy efforts.
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