|
February 9, 2009
View legislative update (PDF)
There are currently 46 states in session, and we have seen the introduction of an unprecedented number of animal and veterinary related bills since the beginning of January. If you are an executive director or lobbyist for a state VMA, you have most likely received a legislative or regulatory alert from our department in recent weeks.
We are seeing a big increase in legislation regulating pet breeders, pet dealers and commercial kennel operations. Eleven states have introduced bills relating to pet retail, including: Colorado (HB 1172), Hawaii (SB 1627, HB 1842), Illinois (HB 198, SB 53), Maryland (SB 318, HB 495), Minnesota (SB 7, SB 201, HB 253), Mississippi (SB 3178), Missouri (SB 186), Nebraska (LB 677, LB 241, LB 588), Oklahoma (HB 1332), Oregon (HB 2470) and Washington (HB 1936, SB 5651). Colorado HB 1172, however, died in committee on February 4th.
In addition, many states have introduced legislation and resolutions that address horse processing facilities, the consumption of horse meat, and the problem of unwanted horses. Arizona (SCM 1001), Kansas (HCR 5004), Missouri (HCR 19), Minnesota (SB 133), Utah (HJR 7) and Wyoming (HJR 8) introduced uniform resolutions and bills that urge the U.S. Congress to oppose federal legislation that interferes with a state's ability to direct the transport or processing of horses. Similarly, Arkansas (HCR 1004) and Missouri (SCR 8) both introduced resolutions that urge Congress to support the continuation of horse processing facilities. South Dakota (SCR 2) introduced a related resolution, which urges the Congress and the U.S. Department of Agriculture to reinstate and fund a federal inspection program governing horse slaughter and euthanasia facilities, and North Dakota (HB 1496) introduced legislation directing the Department of Commerce to conduct an equine processing facility feasibility study.
New York (A 3736) and Illinois (HB 583) both introduced legislation relating to the consumption of horse meat. New York's bill prohibits any person from slaughtering a horse if he or she knows or has reason to know that the horse will be used for human consumption. Contrary to New York's position, Illinois' bill repeals the provision which prohibited the slaughter of horses for human consumption. Finally, Oregon (SB 398) and Montana (SB 167) both introduced legislation to combat the unwanted horse problem. Oregon's bill modifies the existing crime of animal abandonment, a Class B misdemeanor, to include the abandonment of horses, and Montana's bill creates the offense of abandonment or starvation of horses.
Other highlights from recently proposed legislation include:
- Arizona SB 1425 would change the training requirements for certification of equine dental practitioners.
- Connecticut HB 5190 would require veterinarians to obtain written informed consent acknowledging all risks prior to performing a surgical procedure.
- Connecticut SB 117 would provide an owner with the opportunity to obtain the prescribed medication at another location.
- Florida HB 451 would require the sterilization of cats and dogs within a certain time frame and with some exceptions.
- Georgia HB 62 and HB 234 would amend and clarify the requirements for the state's veterinary loan forgiveness program.
- Hawaii SB 79 would prohibit the ownership, possession or sale of pit bulls.
- Hawaii SB 73 and HB 1610, and New York A 2711 would allow the recovery of non-economic damages by the owner of a pet.
- Illinois HB 364, Oregon HB 2574 and South Dakota HB 1181 would establish loan forgiveness programs for veterinarians practicing in shortage areas, and Tennessee HB 358 would establish an incentive program for graduates of the University of Tennessee College of Veterinary Medicine to locate their veterinary practices in underserved rural Tennessee communities.
- Illinois SB 139 would limit the current exemption for tail docking and ear cropping from the definition of animal torture to situations where the procedures are performed for a medical reason.
- Nebraska LB 463 and New Hampshire HB 345 would allow licensed physical therapists to practice on animals, with referrals from veterinarians.
- Nebraska LB 587 would exempt animal grooming by licensed veterinarians and veterinary technicians from the state's sales tax.
- New Hampshire HB 427 would require municipalities to license all equines, four months old or over, with a rabies vaccine verification.
- Oklahoma HB 1886 would allow licensed institutions to obtain unclaimed animals and bodies of euthanized animals from publicly funded animal shelters for scientific, medical or educational purposes.
- Oklahoma SB 1181 would require wholesalers or distributors who ship veterinary prescription drugs directly to a client to be licensed by the state.
- Pennsylvania HB 39 would prohibit debarking, tail docking, surgical births and declawing of dogs by non-veterinarians and regulates when veterinarians may perform the procedure.
- South Carolina HB 3265 would provide for a veterinary exemption from animal cruelty laws for accepted veterinary practice standards.
- Wyoming HB 166 would allow an individual who is not a licensed veterinarian to perform pregnancy testing of cattle.
Ag Chairs meeting
For the fourth year in a row, AVMA participated in the invite-only Annual Legislative Agriculture Chairs meeting, which was held in San Diego this year. This is the premier opportunity for legislators who chair agriculture committees, or are otherwise interested in such topics, to meet and discuss challenges and opportunities facing agriculture. Sessions covered issues relating to animal welfare, agriculture competitiveness, education of food consumers and water. The conference approved resolutions opposing federal legislation that interferes with a state's ability to transport or process horses, and urging the use of sound scientific data in enacting legislation that affects the producers of food, fiber and fuel. We express our gratitude to Carolyn Orr for organizing yet another great Ag Chairs meeting!
Court watch
The Appellate Division of New York State Supreme Court has rejected a state Racing and Wagering Board's appeal that sought to keep lay equine dentists from working on horses without certification. The Appellate Division upheld a lower court's ruling that said horse dentistry is a common practice, similar to blacksmithing, and doesn't require certification. The court found that the New York law made no inclusion of dentistry or the treatment of dental conditions in its definition of veterinary medicine. The court noted that had the legislature intended to include animal dentistry within the scope of veterinary medicine, it could have expressly done so. The Racing and Wagering Board is considering appealing to the state's highest court, the Court of Appeals.
View legislative update (PDF)
|
= AVMA/SAVMA Members Only
