A West Virginia House subcommittee has advanced two pieces of legislation regarding the care of dogs. The first would provide increased protections for the welfare of domestic animals in the care of animal shelters and private individuals. The second would specify minimum levels of care to be provided by commercial dog breeders and consumer protection provisions.
Summaries:
House Bill 3130 is comprehensive legislation that seeks to enhance West Virginia’s animal welfare laws covering everything from the care of animals in shelters to the care of animals by private individuals. Overall, the legislation will bring West Virginia law into alignment with reasonable, accepted animal husbandry and care laws and provide comprehensive laws regarding the care of animals by public shelters. Additionally, the bill includes language requested by the AKC relative to a dog being outdoors in extreme weather basing the determination on the breed, age, general health of the dog and its ability to handle the environment, instead of some predetermined temperature.
House Bill 3132 specifies minimum levels of care to be provided by commercial dog breeders (defined as any person who maintains 11 or more unsterilized dogs over the age of one year for the exclusive purpose of actively breeding; and is engaged in the business of breeding dogs as household pets for direct or indirect sale or for exchange in return for consideration). The term does not include any person who keeps or breeds dogs exclusively for the purpose of herding or guarding livestock or farm animals, hunting, tracking or exhibiting in dog shows, performance events or field and obedience trials.
Additionally, House Bill 3132 defines when a dog is unfit for sale and provides consumer protection and recourse for a dog deemed unfit for sale. AKC thanks the sponsor, Delegate Dana Ferrell, for openly communicating with AKC about both bills.
AKC agrees with the language in House Bill 3132 requiring consumer protection and recourse. It protects the consumer if they purchase a sick puppy and holds breeders accountable for the animals they sell. However, we continue to work with Delegate Ferrell regarding remedies to a consumer. While some remedies allow for reimbursement up to the purchase price of the dog, one section would require reimbursement of veterinary costs up to 150 percent of the purchase price. For consistency and fairness, AKC is recommending that this be changed to only require reimbursement up to the purchase price of the dog.
What You Can Do:
Both bills are expected to be scheduled soon for a full House Government Organization Committee hearing. As such, if you would like to comment, contact the members of the Committee today.
Click here to find the members of the Committee then click on the member’s name for contact information.
AKC Government Relations (AKC GR) will continue to monitor both pieces of legislation. For questions or more information on West Virginia legislation, contact AKC GR at doglaw@akc.org.