Legislation – What’s Hot, January 2020
Kelly S. Crouch, CFA Legislative Information Liaison

If asked to predict what legislation will crop up in a given year, the CFA Legislative Group would have to respond that absent local knowledge only hindsight is 20/20. Through their advocacy efforts, local fanciers are better equipped to anticipate what legislation might arise in their area. A good relationship with legislators can translate into the foreknowledge of proposed legislation. Awareness of a lawmaker’s position on issues is also good to have. Social media and news reports can be useful in discerning an elected representative’s position and legislative priorities. Real events in the jurisdiction can also motivate legislative efforts, so news stories can also be helpful to anticipate a legislative response. Fanciers in tune with their districts are less likely to be caught by surprise though that still happens occasionally to seasoned advocates.

There are some issues that fanciers should anticipate and be prepared to counter. Even if there are laws on the books, someone may seek to amend the law. Mandatory spay/neuter, breeder permits, limit laws, pet licensing, and mandatory microchipping are all that crop up fairly frequently. Often the proposed ordinances adopt a familiar theme. Sometimes the advocates of the proposed law get inventive. A development in mandatory microchipping is the replacement of pet licensing with microchipping. Though not the first community to consider such a law, Honolulu, HI was the subject of the November 2019 What’s Hot for their proposed ordinance. What makes the Honolulu article a good read for fanciers is that the proposed ordinance compounds the issues of mandatory microchipping with those of several additional mandates. These multiple mandates just create too many challenges for the city and its residents.

Legislatively seasoned fanciers also know to watch for consumer protection, nuisance, and dangerous animal legislation. Any of these can impact fancier activities. Consumer protection provisions designed for commercial enterprises often increase the liability of a hobbyist. Some of these laws also impose the care and facility requirements typically found in breeder licensing laws on all breeders. Nuisance laws may penalize caterwauling or at-large cats. A cat who attacks the neighbor’s dog or the neighborhood squirrel may be declared dangerous.

There are more recent legislative developments of which fanciers should also be aware. A few years ago, a movement began to stop the sale of commercially sourced dogs, cats, and sometimes rabbits in pet stores. This legislation still comes up frequently at both the state and local levels of government. Although the local ordinances are more likely to affect hobby breeders by placing mandates on all breeders or narrowly defining hobby breeder exemptions, fanciers should keep an eye on state versions as well.

Another issue that has been cropping up in recent years is the use of pejorative terms in legislation. Emotionally charged and frequently ill-defined terms like backyard breeder, puppy mill, kitten mill, and irresponsible pet owners have no place in legislation. Sometimes it is just bad form because the advocate does not realize how pejorative a term may be outside of their community. Often used simply to categorize activities, these terms are also used to create a new classification of offenses. Laws outline the behaviors that will not be tolerated by society. Generally, jurisdictions have laws on the books making offenses of acts failing to meet the minimum behavior expected for the care of animals. A few local jurisdictions have considered making another offense of being an irresponsible pet owner. One becomes an irresponsible pet owner by being guilty of committing one or more of other enumerated offenses. In essence, the pet owner is punished for committing the offenses for which they have already been penalized.

The CFA Legislative Group usually cannot predict what legislation will show up in a particular area. There are just too many towns, cities, counties, states and nations for us to keep track of by ourselves. This is why local advocates are critical. If the first time anyone hears of legislation is in a news article, then they are already in a reactive mode rather than a proactive one. If the proactive fancier watches and prepares for these types of legislation, they are in a pretty good position to take action if necessary. We are here to help if you need it.
Recent Legislative Group Blog Posts:

1. UPDATE – January 2019, Current Topics in Legislation: Consumer Protection Pet Leases and Finance Legislation Must Preserve Fancier Breeding Lease Practices. December 31, 2019
2. Legislation – What’s Hot……….As 2019 Draws to a Close, Stay Aware of legislative Happenings. December 18, 2019