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Posted 11 December 2008
View legislative update (PDF)
Except for four states and the District of Columbia, which are still in session for a few more days, state legislatures have adjourned until 2009. The AVMA will issue its year-end summary of legislative highlights for 2008 shortly, including what we can expect to be major issues of 2009 for veterinary medicine in state capitols. All states are scheduled to meet in 2009. Bills will not carry over from the 2008 session to 2009, except in New Jersey and Virginia.
Taxing veterinary services
State lawmakers and governors will face a plethora of major challenges next year as they struggle to guide their states through a difficult economic downturn. The nation's deteriorating economy is taking a toll on states, which are reporting slowing revenue collection from sales taxes and declining income from investments. "States have been confronted with bad economic conditions in the past, but never so many states, all at once, says William Pound, executive director of the National Conference of State
Legislatures.
We reported last month that California Governor Schwarzenegger is proposing a tax on veterinary services along with other revenue increases. We have heard that a similar proposal may be unveiled in another state soon. State veterinary medical associations need to be vigilant about identifying and defeating such ill-advised measures proposed as quick fixes to a budget shortfall. The California VMA has prepared some excellent materials to combat the veterinary tax proposal, which can be accessed at http://www.cvma.net/.
The status of California's tax proposal is still up in the air. On Nov. 25, the California Senate and Assembly failed to come to an agreement on the budget proposal, but on Dec. 1, a 45-day emergency session was declared during which all proposals, including the Governor's proposal to extend the sales tax to veterinary services can be considered.
Court watch
A federal judge approved a $24 million settlement for owners of dogs and cats who got sick or died after eating pet food contaminated with an industrial chemical. The case began in March 2007, when dogs and cats began mysteriously getting sick, and the common thread was pet food produced under nearly 200 labels, much of it by Menu Foods. The ruling by U.S. District Judge Noel Hillman clears the way for U.S. pet owners to begin receiving compensation next year. The settlement compensates owners for several type of measurable expenses, including the cost of the food, medical and burial expenses for their animals, checkups for animals who ate the food but did not get sick, and time the owners took off work to seek treatment for their animals. Non-economic damages such as pain and suffering are not awarded. A Canadian court also approved the settlement separately. For more information on the settlement, see www.petfoodsettlement.com and http://www.sfmslaw.com/user_documents/Notice.pdf (PDF, 937 Kb).
Also in Canada, the Ontario Court of Appeal upheld the province's 2005 law to ban the breeding, sale and ownership of pit bulls after several dog attacks on people. Superior Court Justice Thea Herman said, "The total ban on pit bulls is not arbitrary or grossly disproportionate in light of the evidence that pit bulls have a tendency to be unpredictable and that even apparently docile pit bulls may attack without warning or provocation." Penalties for pit bull owners are fines up to $10,000 or jail time up to six months.
Arkansas Veterinary Medical Association retains lobbying firm
The Arkansas VMA is the latest in the growing number of state VMAs retaining professional lobbying firms to represent their interests in state capitols. In addition to providing traditional lobbying, the firm of Philips Management and Consulting Service will also offer a comprehensive web-based application that enables veterinarians to stay up to speed with tracked bills, legislative committee reports, and individually tailored news feeds and blogs.
The link at the top or bottom of the page will take you to the latest chart of significant pending bills and regulations from around the country. We wish you a Merry Christmas, joyous holiday season and Happy New Year. See you in 2009!
View legislative update (PDF)
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