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2019 SESSION

19101056D
SENATE BILL NO. 1065
Offered January 9, 2019
Prefiled December 10, 2018
A BILL to amend the Code of Virginia by adding a section numbered 3.2-6513.2, relating to rental or leasing of dog or cat prohibited; civil penalty.
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Patrons-- Stanley and Boysko; Delegate: Kory
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Referred to Committee on Agriculture, Conservation and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 3.2-6513.2 as follows:

§ 3.2-6513.2. Rental or lease of dog or cat prohibited; civil penalty.

A. The rental or leasing of a dog or cat to a consumer, including by a purported sale of the animal in such a manner as to vest no permanent ownership in the consumer at the time of the purported sale, is prohibited.

B. No person may enter into any agreement with a consumer for the transfer of a dog or cat to the consumer in which the animal is used as collateral for the agreement or is subject to repossession in any manner upon default of the agreement by the consumer.

C. No financial institution, as defined in § 6.2-100, shall offer in Virginia a loan or financing agreement for the rental, lease, or sale of a dog or cat where the animal is used as collateral for the loan or financing agreement default.

D. The Attorney General may bring a civil action in the appropriate circuit court for injunctive relief to enforce the provisions of this section. Any person who violates any provision of this section may, upon such finding by an appropriate circuit court, be subject to a civil penalty of not more than $5,000 and any court costs and attorney fees. Such civil penalties shall be paid into the general fund of the state treasury. In addition, any pet shop, commercial dog breeder, dealer, firm, or other business that violates any provision of this section may have its business license, retail license, or local pet shop permit issued pursuant to § 3.2-6537 suspended or revoked after a hearing by the issuing authority. The court also may suspend or revoke the retail license of any business found to be in violation of this section.

E. The provisions of this section shall not apply to the temporary rental or lease of any of the following animals, so long as the animal is used in accordance with applicable federal, state, and local animal protection laws:

1. A purebred dog that is rented for the express purpose of breeding pursuant to a written lease that sets out a specific time period, contains a firm end date, and is recorded with a national purebred dog registry;

2. A dog or cat that is used in spectator events, shows, exhibitions, motion pictures, or other entertainment, including animal exhibitions, racing events, field trials, polo matches, rodeo events, or any audiovisual media; or

3. A service dog as defined in § 51.5-40.1, guide or leader dog as defined in § 3.2-6588, security dog, police or law-enforcement dog, military working dog, or certified facility dog as defined in § 18.2-67.9:1.