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2021 SESSION

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Senate Committee on Agriculture, Conservation and Natural Resources
Subcommittee Companion Animals

Marsden (Chair), Favola, Pillion

Clerk: Sean Sukol
Staff: Scott Meacham, David Barry
Date of Meeting: January 25, 2021
Time and Place: 4PM/ Chamber/ Public can register to speak at GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 1135

Patron: Marsden


Dangerous dogs; procedure for adjudication; penalty. Restructures the procedure for adjudication of a dog as a dangerous dog to provide for (i) written notice by an animal control officer to the owner of the dog that he has applied for a summons, and a prohibition on disposal of the dog by the owner for 30 days; (ii) the issuance of a summons with an option rather than a requirement that the officer confine the dog, a prohibition on the disposal of the dog other than by euthanasia, and an authorization for the court to compel the implanting of electronic identification; (iii) the holding of a hearing within 30 days unless good cause is shown; (iv) the authority of the court if deferring further proceedings without adjudicating to compel the implanting of electronic identification; and (v) a limit of 30 days for any appeal of a dangerous dog adjudication.

The bill authorizes an officer to obtain a summons for a hearing to determine whether a dog that has been surrendered is a dangerous dog and provides that any dangerous dog not reclaimed from the animal control officer within 10 days of notice shall be considered abandoned.

The bill imposes new requirements for the transfer of dangerous dogs, requiring a releasing agency that is transferring or releasing for adoption a dangerous dog in the Commonwealth to notify the receiving party of the legal requirements for keeping a dangerous dog. If the agency is transferring the dog outside the Commonwealth, it is required to notify the appropriate animal control officer of the dog's adjudication as dangerous. An owner who is bringing a dog found to be dangerous in another state to reside in the Commonwealth shall notify the local animal control officer. Any owner who disposes of a dangerous dog by gift, sale, transfer, trade, or surrender shall notify the receiver in writing of the dog's adjudication as dangerous, with a violation penalized as a Class 3 misdemeanor.

Finally, the bill provides that if a dangerous dog adjudication occurred within 60 days of the end of the calendar year, the first renewal of the dangerous dog registration shall be included in the initial registration at no additional charge. The bill contains technical amendments.

A BILL to amend and reenact §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 3.2-6540.01 through 3.2-6540.04, 3.2-6541.1, 3.2-6542.1, 3.2-6542.2, 3.2-6543.1, 3.2-6562.2, and 18.2-52.2 relating to dangerous dogs; penalty.

21100694D

S.B. 1379

Patron: Boysko

Humane Cosmetics Act; civil penalties. Prohibits the testing of cosmetics on animals in the Commonwealth, effective July 1, 2021. The bill also prohibits the sale by any cosmetics manufacturer, defined in the bill, in the Commonwealth, effective January 1, 2022, of any cosmetic that was developed or manufactured using animal testing on or after July 1, 2021, with certain exceptions. Attorneys for the Commonwealth may investigate alleged violations and information about testing provided to them is protected as a trade secret. Violations are subject to a civil penalty of up to $5,000 and an additional $1,000 for each day the violation continues. The bill preempts any local regulation on cosmetic animal testing.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571 through 59.1-575, relating to Humane Cosmetics Act; civil penalties.

21102855D

S.B. 1390

Patron: Lewis

Cats; trap, neuter, and return programs; civil penalty. Authorizes any public or private animal shelter, releasing agency, or hospital or clinic that is operated under the immediate supervision of a duly licensed veterinarian to operate a trap, neuter, and return program, as defined in the bill. The bill exempts volunteers of such program from provisions related to abandonment and licensing of animals and exempts the operator from general requirements of shelters related to holding periods, release of animals, and recordkeeping. A person who violates certain required provisions for such a program is subject to a civil penalty not to exceed $150 brought by any animal control officer, humane investigator, releasing agency, or the State Veterinarian or State Veterinarian's representative.

A BILL to amend and reenact §§ 3.2-6500, 3.2-6524, 3.2-6546, and 3.2-6551 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-6579.1, relating to cats; trap, neuter, and return programs; civil penalty.

21102789D

S.B. 1412

Patron: Stanley

Pet shops, dealers, and dog breeders; employees convicted of animal abuse; penalty. Requires pet shops, dealers, and commercial dog breeders to obtain a signed statement from any prospective owner, director, officer, manager, member, operator, member of staff, or animal caregiver of such pet shop, dealer, or commercial dog breeder, respectively, that such person has never been convicted of animal cruelty, neglect, or abandonment. The bill prohibits pet shops from selling or giving for adoption an animal without first obtaining such statement from the purchaser or adopter and prohibits dealers and commercial dog breeders from importing, selling, or offering for sale any dog to a pet shop without first obtaining such statement from each owner, director, officer, manager, member, operator, member of staff, and animal caregiver of the pet shop. Failure by such person to provide, or by such pet shop, dealer, or dog breeder to obtain, such statement is a Class 1 misdemeanor.

A BILL to amend and reenact §§ 3.2-6511.1 and 3.2-6511.2 of the Code of Virginia, relating to pet shops, dealers, and dog breeders; employees convicted of animal abuse; penalty.

21100834D

S.B. 1417

Patron: Stanley

Animal testing facilities; adoption of dogs and cats; civil penalty. Requires any animal testing facility, defined in the bill, that no longer has need for a dog or cat in its possession that does not pose a health or safety risk to the public to offer, for a reasonable period of time prior to euthanasia, such dog or cat for adoption to a releasing agency or through a private placement. The bill authorizes an animal testing facility to enter into an agreement with a releasing agency for the implementation of the adoption. Violation is subject to a civil penalty of not more than $5,000 and any court costs and attorney fees.

A BILL to amend and reenact § 3.2-6591 of the Code of Virginia and to amend the Code of Virginia by adding in Article 13 of Chapter 65 of Title 3.2 a section numbered 3.2-6593.1, relating to animal testing facilities; adoption of dogs and cats; civil penalty.

21100835D