West Virginia, Oregon Consider Pet-Related Bills

EDITORS' NOTE: On April 3, 2012, West Virginia Gov. Earl Ray Tomblin vetoed Senate Bill 477. Oregon Gov. John Kitzhaber signed House Bill 4021 into law on March 27, 2012.

 

Legislative committees in West Virginia and Oregon have hearings scheduled tomorrow for bills that would ban certain animals and give police-like status to humane investigators, respectively.

The West Virginia Senate Natural Resources Committee will hear SB 477, which would grant authority to the Department of Agriculture and Bureau for Public Health to ban possession of all species of animals that are not specifically defined as domestic and livestock, including mammals, birds, reptiles, amphibians and fresh water fish.

The bill defines livestock as animals raised solely for meat or animal by-products or as brood-stock and defines domestic animals as those with an “extremely long association with humans, predominately as companions and pets, [and have] been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species.” The bill would not allow existing pets to be grandfathered in.

The Pet Industry Joint Advisory Council opposes the bill, saying the definition of “wild and exotic” animals could encompass virtually any species, including animals that are commonly kept as pets. The council urged its members to contact members of the Senate Natural Resources Committee to voice their objection to the bill and, if possible, attend the hearing.

The Oregon House Judiciary Committee will hear a bill that would allow state police to commission employees of humane investigation agencies to enforce animal welfare laws.

The bill, HB 4021, defines a “humane investigation agency” as a private, nonprofit animal care agency that has maintained an animal welfare investigation department for at least five years and has had officers employed as special agents. The superintendant of the state police would be able to authorize an employee of a humane investigation agency as a “humane special agent,” with certain powers and protections afforded to Oregon state police. The employee would have to be certified or eligible to be certified as a police officer under state laws, and the agency would need to have an insurance policy deemed sufficient by the superintendant to satisfy any tort claims or demands that arise.

The Pet Industry Joint Advisory Council opposes the law, saying it could open up breeders, pet stores and pet owners to routine harassment. The council advised its members to contact members of the Oregon House Judiciary Committee with questions and concerns and, if possible, to attend the hearing.

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