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Posted 13 February 2008
View legislative update (PDF)
The state legislative sessions are in full gear with 39 states and the District of Columbia in regular session and another six states in special session. As usual, numerous animal-related bills have been introduced, potentially affecting a wide range of issues. We are continuing to see proposals to increase penalties for animal cruelty such as animal fighting and dog tethering. Several states are considering bills to provide legal protection to veterinarians and other medical professionals who volunteer their services out-of-state during emergencies. Bills introduced in recent weeks highlight other areas such as the following:
- Treatment of animals by non-veterinarians continues to be a hot issue. Colorado and Nebraska legislators are considering proposals for certification of animal massage therapists. In Alaska, a bill would exempt artificial insemination and farriery from definition of veterinary medicine, while Kentucky legislation would exempt castrating food animals and dehorning cattle.
- Momentum for state loan forgiveness programs continues with new bills in Illinois, Kentucky, Tennessee, and Wyoming.
- Bills to regulate pet dealers and breeders were introduced in Hawaii, Mississippi and Oklahoma, while new mandatory spay/neuter bills were presented in Arizona and Hawaii.
- Colorado and Washington state legislators are considering new measures to allow non-economic damages in pet litigation, with a similar bill reintroduced in the Rhode Island Senate.
- New Kansas and Missouri legislation would adopt a prescription monitoring program to address drug diversion and abuse. Efforts are underway to exempt veterinarians from reporting, unless a program is created specifically for veterinary medicine reporting.
An interesting bill in South Dakota proposes a development loan up to $1 million to fund construction of an equine processing facility in the state. While the bill failed in committee on the first try after lawmakers received e-mails and phone calls from all over the country, the sponsor said that public support for the bill has grown. He plans to ask for another committee vote or a summer study of the proposal.
Local government watch
On February 1st, the Los Angeles City Council voted 10 to 1 in favor of a measure to mandate the spaying or neutering of all cats and dogs over four months of age in the City of Los Angeles. If the ordinance gets final approval, Los Angeles would become the largest city in the nation to ratify such a comprehensive companion animal sterilization law. The law would include exceptions for licensed breeders and show animals. A second vote on the measure is required before it can become a city law.
Court watch
Individual dog owners and a not-for-profit organization filed a lawsuit in federal district court against four Arkansas cities (Jacksonville, Lonoke, North Little Rock and Beebe) alleging each one has an unconstitutional ordinance banning ownership of pit bull-type dogs. Several other Arkansas cities not named in the suit have similar bans. The group's suit, filed in Little Rock, claims the ordinances violate the equal protection clause of the 14th Amendment by discriminating against different classes of individuals without a rational government interest, among other constitutional violations. "They are seizing property -- and the dogs are valuable property -- without a proper warrant or anything else," said a spokesperson for the plaintiffs. In 1991, the Arkansas Supreme Court upheld a similar ordinance, but the current challenge was brought in the federal court system.
State Agricultural and Rural Leaders Summit
The AVMA participated in the State Rural and Agricultural Leaders Summit for the third year in a row. The invitation-only event was held on Jan. 18-20 in St. Louis, Missouri and attracted about 125 state legislators (mostly chairs of agriculture committees and others with a particular interest in agriculture and rural issues). AVMA was among 50 corporate and not-for-profit organizations also invited to participate in the discussions. The AVMA was represented by Dr. Jim Cook, President-Elect and Adrian Hochstadt. Of particular interest to AVMA was a session exploring state livestock regulations. Veterinarian-legislators Bob Jackman (IN) and Phil Richardson (OK) attended and played major roles in the meeting.
The link at the top of the page takes you to the latest chart of significant pending bills and regulations from around the country, including those measures that carry over from 2007 and can still be adopted this year. Many state veterinary medical associations are providing AVMA with timely updates on developments in their state. Thank you and keep the information coming!
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