Legislative Session 08:  www.legis.state.wv.us

*Thanks to Sylvia Shafer for keeping us informed of important bill information and working hard to get good animal legislation passed
*Thanks to Jeanne Guise for compiling important contact information for legislators.  (See below) Senate Finance, Senate Judiciary, Senate Natural Resources, House Judiciary, House Agricultural and Natural Resources) And also for providing us with pdf files to be easily printed out from this site.  Plus, you can read all of these bills on the state site www.legis.state.wv.us
 

Session has ended with two animal friendly bills passed!

3/29/08

3/11/08 Both SB 305 (pdf on 2/21/08) and HB 4344 (see pdf 2/7/08 but tethered has since been removed) passed the legislature.   The older pdf files of those bills can be seen below.   I will post the final soon.  While we had a lot of bills introduced these are the only two that survived. And that is thanks to Sylvia Shafer's hard lobbying work and your effort in contacting your legislators.  Also thanks to Jeanne Guise for the pdf files and contact information.  United we can make a difference for the animals. 

3/5/08 

3/4/08 

3/3/08

3/2/08 

2/26/08

2/21/08
SB 305 Sub (pdf file) passed the senate today and was sent to the House. I do not know yet which committee it was assigned to.  After 2-28 we should push this bill. I will let you know which committee. This bill had a beautiful amendment and is a very good bill.   At this time, no other bills are moving.  Sylvia

2/20/08

2/19/08

2/18/08

2/14/08

2/12/08

2/7/08

2/6/08

2/4/08

1/31/08

1/30/08

1/23/08

1/21/08

1/10/08

Thanks to Jeanne Guise for compiling this important contact information for legislators.  See below) Senate Finance, Senate Judiciary, Senate Agricultural, Senate Natural Resources, House Judiciary, House Agricultural and Natural Resources)

Senate Finance Committee 08

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Note:  We have kept the Legislative Information from past sessions back to 05 on here for those of of you seeking animal legislation and what has been submitted whether passed or not.. 

Legislative Session 07:  Please scroll down through the entire series of emails to get the whole picture of what is happening this session.  Thanks to Sylvia Shafer for the updates for our website. 

Please note that the list of committee members for the following committees have been compiled for you compliments of Jeanne Guise (thanks Jeanne!!)  Scroll down to see each list and support the legislation that will improve animal welfare throughout West Virginia.   

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We are having some computer trouble so our updates have not been as frequent.   We will do our best to keep you apprised of progress. 

February 20:  SB 700 This is an important bill so contact YOUR Senator on this bill!!  It defines some standards on the shelter required for dogs.  It also introduces standards for tethering.   We have needed this for a long time.  We all know there is nothing supporting standards. This will assist humane officers with some definition on standards while currently there are none.   Please email your Senator and pass on to others and ask them to specifically email their respective Senators and let’s get some support for this very important bill.  There will be some controversy on this bill.  Remember it took us 5 years to get a spay/neuter law through.  But we have to start here with support on this.  I have included the entire bill so you can see what is being added and removed.  See your Senator on the list below!  Thanks, Theresa Bruner

SB 700
A BILL to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to prescribing minimum requirements relative to tethering or chaining any animal; including the length and weight of chains or tethering devices, as well as other requirements, all of which are intended to protect animals from cruel treatment; and providing criminal penalties for violations.

Be it enacted by the Legislature of West Virginia:
That §61-8-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-19. Cruelty to animals; penalties; exclusions.
(a) If any (1) A person who cruelly mistreats, abandons or withholds proper sustenance, including food, water, a shelter consisting of three sides and a roof that protects from the elements of weather or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result, or rides an animal when it is physically unfit, or baits or harasses any animal for the purpose of making it perform for a person's amusement, or cruelly chains or cruelly tethers any animal or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than three hundred nor more than two thousand dollars or confined in jail not more than six months, or both.
(2) For purposes of subdivision (1) of this subsection an animal is cruelly tethered if:
(A) A person uses a chain, leash, rope, collaring device, tether or any assembly or attachments thereto to tether an animal that weighs more than one eighth of the animal's body weight, or due to weight, inhibits the free movement of the animal within the area tethered;
(B) The animal is tethered in a manner as to cause injury, strangulation or entanglement of the animal on fences, trees, other man made or natural obstacles or other animals;
(C) The tether is not at least ten feet in length, unless that length allows the animal to be on property other than its owner's property;
(D) The tether is not long enough for the animal to move around or be able to urinate or defecate in an area separate from where it must eat, drink or lie down and allows the animal convenient access to food, water, dry ground or shelter; or
(E) The tether is not attached to the animal by means of a well-fitted humane collar using swivel hooks on both ends of the tether.
(b) If any A person who intentionally tortures, or mutilates or maliciously kills an animal, or causes, procures or authorizes any other person to torture, mutilate or maliciously kill an animal, he or she is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility not less than one nor more than five years and be fined not less than one thousand dollars nor more than five thousand dollars. For the purposes of this subsection, "torture" means an action taken for the primary purpose of inflicting pain.
(c) Any A person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, who knowingly and willfully administers or causes to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting said animal's performance is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred nor more than two thousand dollars.
(d) Any person convicted of a violation of this section shall forfeit forfeits his or her interest in any animal and all interest in the animal shall vest vests in the humane society or county pound of the county in which the conviction was rendered and the person shall is, in addition to any fine imposed, be liable for any costs incurred or to be incurred by the humane society or county pound as a result.
(e) For the purpose of this section, the term "controlled substance" has the same meaning ascribed to it by subsection (d), section one hundred one, article one, chapter sixty-a of this code.
(f) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. §2131, et seq., and the regulations promulgated thereunder, as both statutes and regulations are in effect on the effective date of this section.
(g) Notwithstanding the provisions of subsection (a) of this section, any person convicted of a second or subsequent violation of said subsection (a) is guilty of a misdemeanor and shall be confined in jail for a period of not less than ninety days nor more than one year, fined not less than five hundred dollars nor more than three thousand dollars, or both. The incarceration set forth in this subsection shall be is mandatory unless the provisions of subsection (h) of this section are complied with.
(h) (1) Notwithstanding any provision of this code to the contrary, no person who has been convicted of a violation of the provisions of subsection (a) or (b) of this section may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation. Unless the defendant is determined by the court to be indigent, he or she shall be is responsible for the cost of said the evaluation.
(2) For any person convicted of a violation of subsection (a) or (b) of this section, the court may, in addition to the penalties provided in this section, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty. Unless the defendant is determined by the court to be indigent, he or she shall be is responsible for the cost of the program.
(i) In addition to any other penalty which can be imposed for a violation of this section, a court shall prohibit any person so convicted from possessing, owning or residing with any animal or type of animal for a period of five years following entry of a misdemeanor conviction and fifteen years following entry of a felony conviction. A violation under this subsection is a misdemeanor punishable by a fine not exceeding two thousand dollars and forfeiture of the animal.

NOTE: The purpose of this bill is to prescribe minimum requirements relative to tethering or chaining animals, including the length and weight of chains or tethering devices, as well as other requirements, all of which are intended to protect animals from cruel treatment.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

February 15, 2007
HB 2206 will pass the House on 2-16 and move to the Senate. This bill has a committee sub which means that it has been changed from the original bill. This is the bill that makes it a crime to remove collars, radio transmitters, etc from dogs without the owner's permission.  This law would be enforced by the dog warden as it is code 19-20-12.

SB 384 Has moved to the floor for 1st reading 2-16.  This bill has a committee sub. This is the Nonnative Species Regulation Act. This bill could be amended on 2nd reading 2-19 and voted up or down on third reading 2-20.  This bill has been changed quite alot, so I suggest you read the committee sub.

SB 413 that passed the Senate on 2-5 has moved from House Agriculture to House Judiciary. This is the clarification on bonding for seized animal due to cruelty. It is a good bill. Please email the chair of Judiciary and ask her to place on her agenda and support the bill. I hope you kept the list of House Judiciary members. They also need to be emailed. The chair is Carrie Webster cwebste1@mail.wvnet.edu  This is an important bill for the prosecution of cruelty to animals. It should shorten the time it takes to prosecute a case. This means the animal would not have to be held as long.  I still have not been able to speak with Senator Prezioso. I am going to email my questions to him. This is the bill on Sale or Adoption of sick or underage pets.
1. Who is going to enforce this?
2. 19-20C-2 says that shelters are exempt from the provisions of this article. The Article would be the entire bill, but if that is so, why 19-20C-4 are shelters required to give a health certificate. It says the director of the shelter.   We could not do this, anyone that works at a shelter knows that we cannot predict kennel cough, parvo, distemper. No one knows how many days a pup sheds the parvo virus before it breaks with the disease. Also, the adopter could expose the pet after leaving the shelter.  So, again as written, this bill will hurt a shelter as the HB 2869 did.   Also, how many shelters have scales to weigh a pet?
Sorry for the length of this email. We are in the second half of the session and that is when bills start moving.  Sylvia

February 13, 2007
SB 547 was introduced yesterday. This is the Senate version of HB 2869 which protects owners from the sale or adoption of sick or under-aged pets. The senate version in my opinion is better than the House, but I still have questions. I am meeting with the bill sponsor tomorrow and I will let you know what I think. I have been involved with animal shelters since 1984 and I know all of the problems. I also know all to well the over population problems. Too most breeders, this is just a money making scheme that is tax free due to being under the table. In other words, they do not have a business license nor a kennel license. But at the same time, I want to protect the shelters and I do know there are bad shelters

HB 3046 was introduced today. When you read it, go to the end of the bill to find the new language. The rest is current law. " Issuing a special license plate for pet owners and pet enthusiasts." Some of the revenue would go to a special fund to be used for spay/neuter. This bill is in Road and Transportation Committee. If it clears that committee it will go to Judiciary. Please contact the members of the Road and Transportation Committee.  Sylvia

Please email the following members of the House Roads and Transportation Committee with support of HB 3046. This is the bill that would let us have a special license plate with part of the revenue going to spay/neuter.  Sylvia

February 09, 2007
SB 384
There are 3 bills dealing with exotics and pet stores. They have decided to move SB 384 which I consider to be the best of the 3. This bill passed out of Agriculture today with an amendment. The bill has moved to Senate Finance committee. If anyone wants to push this bill, they need to email Senate Finance (See committee members below)     Sylvia

 February 08, 2007
HB 2390
This bill was passed out of the Agriculture Committee and is now in Finance Committee. I have not been to the Statehouse this week, so I did not attend the meeting. I will check tomorrow to see if it was amended.
This is the bill that makes commercial exotics and deer farms entitled to payment out of the Dog Kennel Fund when a dog (owner unkown) kills one.   Sylvia

February 07, 2007
HB 2869
This bill impacts animal shelters with money that none of us have. While I agree that bad breeders, bad rescues, and bad shelters need to change their ways, this bill will hurt good shelters. So therefore, the Kanawha/Charleston Humane Association does not support this bill as it is currently written.
This bill also does not state who enforces what would become a new law. Animal control is certainly not able due to lack of manpower and lack of knowledge. So this implies civil suites. But I do not know and have not received a response to this question from the group that had the bill introduced.
If you agree with my assessment, please email the members of the Agriculture committee with your lack of support. And if you support this bill, email them with your support.  Please read this bill carefully. I have read it too many times to count.  Thanks,  Sylvia

 Please join us for a lobby day for the animals sponsored by HSUS Feb 13th!
Lobby 101 Seminar
Tuesday February 13, 2007 10:00 - 11:30 a.m.
West Virginia Manufacturers Association (just a few blocks away from the Capitol)2001 Quarrier Street
Charleston, WV 25311
Lobby Day at the Capitol
Tuesday February 13, 2007 Noon - 2:00 p.m.
State Capitol Complex
Charleston, WV 25305
Look up your legislators:
http://www.hsus.org/leglookup
PLEASE JOIN US FOR AN IMPORTANT DAY IN WEST VIRGINIA TO HELP
ANIMALS

January 31, 07
HB 2766 affects the Humane Officers codes. The purpose of the bill is to clarify procedures for seizing abandoned, neglected or cruelty treating animals.   If anyone on this list is a humane officer, prosecuting attorney, or involved in the prosecution, please read this bill carefully and give me your opinion as soon as possible. I will get back to you on this bill.
HB 2774  This is another exotic bill that has been introduced before. It is the same as
SB 384 which was also introduced today. I will have to talk to the bill sponsors to see which bill they are going to move. Then I will get back to you.
SB 397 may interest some of you. It is making varied changes to the current law Greyhound Breeding Development Fund.
Sylvia

January 30, 07
Cockfighting HB 2737
HB 2737 was introduced today. " The purpose of this bill is to prohibit the use  of any animal in animal fighting ventures and to expand the application felony criminal penalties to include additional activities carried on for the purpose of supporting animal fighting. Attending an animal fight remains a misdemeanor."

This will be a very difficult bill to pass. Humane people will have to work hard if we are to have any success. The average person does not know the true story on cockfighting, how common it is, the money involved, the power people involved, and the members of our legislature who are opposed to the passage of this bill or any bill that pertains to cockfighting

I live in the city limits of Charleston and I discovered (by accident) a gamecock farm not three miles from my home. It was only a couple of miles outside the city limits.

I am asking each of you to email the Agriculture and Natural Resources Committee members. Write in your email that you support HB 2737 and want it passed. I know that this is a lot of people and you will be receiving a list in another email. Type one email and send it, then go to sent mail and forward that email with a different name on the subject line and a different email address. This should not take more than ten minutes.  Please see this list below entry date of 1/13/07 with the list of committee members.
Please help to bring WV out of the dark ages when blood sports were common.
Thanks, Sylvia

January 19, 07
HB 2337 was introduced today. It is requirements for tethering dogs and the penalties. The language is in a new section of the code which is 19-20-26. I would have liked it to be in the cruelty code 61-8-19.
As we all know, people who tether dogs do not always use the most humane methods. This bill spells out what the requirements have to be. I am requesting that you read this bill and tell me what has been left out, etc. I feel, there should be a weight limit on the tether. You see pits and rotts on logging chains.  Many of us would like a law that limits the amount of time that a dog is tethered. This state is not ready for that.
I plan to go to the statehouse next Tuesday, please email me with your responses and I will take them with me.
Sylvia

The attached article and poem was sent to Sylvia and she shares it with us.  It is timely due to the introduction of a tether bill into the state legislature. 

TO RID THE CHAINS THAT BIND THEM
      I know most of us have heard of Dogs Deserve Better (DDB).  It is a non-profit organization that started August 15, 2002, and was founded by Tammy Grimes, a Pennsylvania resident.
     This "No Chains" organization is dedicated to ending the chaining and penning of dogs, and bringing "man's best friend" into the home and family.  Tammy credits her animal advocacy to a childhood living with the tragedy that she now works against....a sad, chained Beagle and a beloved black Lab and cats, all living outside and longing to be in.
     DDB has grown tremendously since 2002 and has made contacts all across the country.  Although, the organization supports all animal efforts and all forms of abuse, they only remain focused on the chained (and penned) dogs.
     And it is without wonder why this organization does what it does...  On January 18, 2007,  DDB received reports of dogs dying as a result of being left chained or penned in frigid temperatures.    Two Pitbulls were removed from a home in Boulder County, CO, last week after neighbors called animal control.  The dogs had been left outside in extremely cold temperatures for several days.  One of the dogs suffered from frostbite and the other had to be euthanized because of the severity of its injuries.
     This scenario is repeating itself across America with dogs whose stories will never be told and whose deaths will go un