[pyrnet] Fw: The new Virginia rescue laws

["Barb Bowes" <bamb@monmouth.com>]

It seems that there is some misunderstanding out there about this
new law. This is ONLY for the state of VA so far, this is NOT a
nationwide law. But Rescuers should be on the watch for such
legislation in their own states. Remember folks, this is just a
forward, I did not write the email.   Barb Bowes


<<Just thought some of you might be interested in knowing just
what we are
fighting here in Virginia.  Below are the main points of the law.
This law
was slammed through by a group of people representing shelters,
pounds, and
local humane societies (with involvement by the HSUS--Humane
Society of the
United States--which as most of you know is an animal rights
organization)
without  consulting with any private foster-home based rescuers,
which is
what nearly all breed rescues are. A few rescuers got wind of it,
but before
they were able to marshall enough forces to fight it, it was a
done deal.

You guys really need to keep an eye on laws in your states.  Once
HSUS gets
through one law like this, it *will* spread to other states.

The new animal law that takes effect in Virginia on July 1 does
these
things:

1.  If you take in more than six animals per year you must
register with the
State Veterinarian as a 'Companion Animal Rescue Agency' (CARA).
If a CARA
uses foster homes, those foster homes must
also be registered with the SV.

2.  A pound or shelter may turn an animal over to a CARA just as
it could
adopt it out, transfer it to another shelter, etc.  This is the
main good
thing in the new law.

3. No member of a CARA or foster home may be a person who has
been convicted
of an animal welfare law violation such as neglect, cruelty, etc.
This is
the other good thing the law does.

4. The State Veterinarian will have the addresses and other
information for
all CARAs and foster homes; it will be possible to get the list
by Freedom
Of Information Act request.

5. The name, address, and telephone number of a CARA must be
posted in
pounds that are in its service area.   For CARAs covering large
areas, this
appears to mean finding a very large number of pounds.

Because of 4 and 5 (above),  opposition groups such as AR
activists as well
as individuals with a grudge or dog to dump will be able to find
CARAs....which means our private homes.

6. CARAs must be open to the public during 'reasonable hours'.
Since this
is similar to the wording used for pounds, ('reasonable hours
during the
week') there is the appearance of a requirement for a schedule of
hours when
the private home is open to walk-in visitors.

7. A CARA must have its telephone number and address listed in
the telephone
book.   It appears that an incorporated rescue will have to have
a business
line at a cost in the range of $75/month to get this listing;
unincorporated
rescuers may be able to get an additional listing on their home
phone number
for a nominal fee.  The rules may vary from one service provider
to another.

8. A CARA is subject to unannounced inspection by the State
Veterinarian for
the purpose of determining if a violation of law has occured, in
other words
a completely open-ended fishing expedition.   The SV does not
have to get a
warrant.

The police have to get a warrant to enter your house if they
believe you are
dealing drugs or planning a terrorist attack but the State Vet
can enter the
home of someone operating a CARA whenever he wishes.

9. A CARA must file several annual reports and must retain
records of all
dogs it receives for a period of five years.

10. A CARA that violates any animal law is subject to loss of
registration
and criminal penalties up to a $1000 fine.   There is no
indication in the
law of how serious a violation would cause what penalty and there
is no
appeal process.

11. CARAs must inspect their foster homes and file a report with
the SV
before placing an animal in them.

Lawyers and even good civics students will notice a few
constitutional
problems, but the law will be the law until some rescuer takes
Virginia to
court.   Do you have the money for that kind of thing?

This law affects *any rescue operating in Virginia* which means
it includes
national breed rescues and out-of-state rescuers taking dogs from
shelters
in Virginia.

There's an email list devoted to this at Yahoo.  If you want to
join (you
don't have to be a Virginian -- anyone is welcome to contribute
to the
discussion or ask questions) send a blank email to
va-rescue-law-subscribe@yahoogroups.com.

Scary stuff, folks.

Sharyn

Sharyn & Walt Hutchens ~ sharyn@timbreblue.com
TimbreBlue Whippets & Collies ~ http://timbreblue.com
Collie Rescue ~ http://www.collie-rescuers.com
Whippet Rescue ~ http://timbreblue.com/rescue.html
Dog questions? http://timbreblue.com/petdogs-l

~permission to crosspost as desired~~