CFA LEGISLATIVE GROUP

January 2024

Kelly Crouch, CFA Legislative Information Liaison

As Father Time ushers in 2024, fanciers and legislators prepare for new legislative sessions. Thirty state sessions convene this month alone. Montana, Nevada, North Dakota, and Texas fanciers will have a small break as those legislatures have no sessions this year. Still, fanciers in all states will have local ordinances, state rulemaking efforts, and federal bills and regulations to monitor. Several states and the federal government allow bills to carry over from 2023 to 2024, though not all legislation will have the momentum to leap from one session to another. Even when bills do not cross over, the authors may find it advantageous to reintroduce it under a new bill number instead. Usually, legislation proposing new laws or amending existing ones is readily found, but all animal legislation must be monitored for fancier impact. For example, New Hampshire’s HB 1102-FN, (See Editor’s Note for alternate URL) would add an animal cruelty violation of selling animals, with a “deformity that causes suffering, such as [but not necessarily limited to] brachycephaly”. Breeding with the intent to sell two individuals would also be a violation. This legislation could impact a number of breeds including Persians, Burmese, Manx, and others.

Fanciers can use local media and government websites to monitor this and other legislation affecting them. The CFA Legislative Group also provides information on legislative matters. What’s Hot articles are published in the monthly CFA Newsletter for “hot” news. These articles are then republished on the CFA Legislative Group’s WordPress blog site for easy access. In addition, the blog has other helpful reference information, such as each state’s legislative website and APHIS flowcharts. The CFA LegislativeNews Facebook page features links to legislative or regulatory articles of interest to fanciers. It is a quick check for things that may affect you. Unfortunately, with over 30,000 local governments, not all issues are found through media searches. That is why we say you are the eyes and ears of the CFA Legislative Group. If you see something of interest, please share it with the group at legislation@cfa.org

EDITOR’S NOTE: New Hampshire is restricting hours of access to certain bill URLS. For alternate access to HB 1102 information, see the Legiscan link. This also has a link back to the New Hampshire bill page. 

November 2023

Kelly Crouch, CFA Legislative Information Liaison

The City Council of Gadsden, Alabama, made owning an intact cat or dog more expensive to address the “unchecked reproduction” of animals in the city. On October 10, 2023, officials adopted an amendment to its animal ordinance that included a threefold plan: registration, licensing, and “commercial” breeder permits.

City registration for any cat and dog older than six months is now required. Owners, or the people in charge of the animal, must provide Information about the cat or dog, the owner, and valid proof of rabies vaccination to register it. They shall also obtain an annual or lifetime license (for sterilized animals only). Again, proof of rabies vaccination is required. An exception exists for a cat or dog “registered with the American Kennel Club (AKC) or similar registry recognized by the Division” that has been actively shown and competed in an event hosted by AKC within the past year. Other exemptions exist as well, such as if the animal’s health contraindicates sterilization. License fees range from $5.00 to $50.00.

Annual commercial breeder permits are also required for each unsterilized cat or dog over six months of age kept for commercial breeding in addition to the breeder’s regular business license. Anyone that “breeds one or more domestic cat(s) or dog(s) or offers one or more domestic cat(s) or dog(s) for breeding or stud purposes, producing three or more litters per year, or offers kittens or puppies that are a result of such breeding for sale” is a commercial breeder. The permits cost $200.00.

Gadsden is a small city of almost 34,000 people located about 60 miles northeast of Birmingham. It is the county seat of Etowah County.

October 2023

By Alene Shafnisky

Pet Night on Capitol Hill was held at the Cannon House Office Building on Wednesday, September 20, 2023. CFA was a sponsor, as it has been since the event’s inception 27 years ago. This year saw attendance by Members of Congress, their spouses, and staff members, along with representatives of the USDA, industry leaders in veterinary medicine, pharmaceuticals, animal nutrition, and other pet care-related organizations. For Pet Night, the CFA booth was run by Desiree Bobby, Alene Shafnisky, and George Eigenhauser. Helping in the booth from the EveryCat Health Foundation were Jackie Ott Jaakola and Whitney Armentor. Of course, the most photographed participants of the evening– a young Lykoi and a Sphynx kitten, two breeds of very high interest. The cats wowed the crowds and had people extremely curious about our unique breeds. They were far and away the stars of our booth. CFA’s team engaged with multiple other sponsors who showed interest in working relationships with CFA and its marketing/branding efforts, as well as looking to team up in both legislative awareness and highlighting our support of local rescues. Look for more photos and details of this event in the next issue of Cat Talk magazine.

September 2023

Kelly Crouch, CFA Legislative Information Liaison

The Texas Department of Licensing and Regulation and its governing board, the Texas Commission on Licensing and Regulation, are about to engage in the rulemaking process, not once but twice, to adopt new rules for the state’s Licensed Breeder Program. At the September 1, 2023, Licensed Breeder Advisory Committee meeting , the committee discussed why rule changes were needed. This year’s enacted Senate Bill 876, which reduced the licensing threshold and expanded the dog breeder exemptions, along with a change in fees, group record-keeping provisions, and general housekeeping issues necessitate the first proposed rule change. These rules must be expedited since affected breeders must be licensed by January 1, 2024. The committee provided its advisory vote to approve the draft of the proposed rules. Next, the Department will publish a Summary of Proposed Rule changes in the Texas Register on September 22. Then, public comments will be accepted until October 23. Instructions are available here.

Informative presentations about the Texas Administrative Procedure Act, including the rulemaking process, Open Meetings Act, and Public Information Act, were presented during the meeting for fanciers wishing to review that information. The committee will meet again on November 1, 2023.

The timeline mandated by SB 876 requires handling the second rulemaking effort dealing with recent changes to the federal standards regulation separately. The 2011 Licensed Dog and Cat Breeders Act mandates that state rules meet the federal regulations at a minimum. Thus, state rules must be updated when federal regulations change. Remember, nothing prevents the state from exceeding federal regulations and possibly opening the door to prohibitive barriers to licensing. These rule changes are expected to take longer and would delay those required by SB 876. The federal regulations are in The Animal Welfare Act and Animal Welfare Regulations “Blue Book“. The section dealing with standards is 9 C.F.R. Part 3, Subpart A; it starts on page 126.

Information about the Texas Licensed Breeders Program is available at the TDLR website.

August 2023

Kelly Crouch, CFA Legislative Information Liaison

The Perry, Michigan City Council fielded overwhelmingly negative feedback for a proposed amendment to the 2016 limit law. This largely unenforced zoning law limited residences to 2 or 4 pets (domesticated animals including cats, dogs, potbellied pigs, ducks, miniature bantam chickens, guinea hens, and rabbits), banned breeding, and required that the offspring of any accidental litters be placed within two months. The last requirement is detrimental to the puppies and kittens and contrary to the laws of many communities that prohibit placing cats and dogs younger than eight weeks. The 2016 ordinance also allows a permit to exceed the limits. The proposed amendment would change the over-limit permit to a temporary permit with a 90-day maximum period. Rescues and fosters would require a foster cat home permit, allowing the residence up to two foster cats. Like other residences, fosters would have two months to place any offspring of pregnant foster cats. No similar foster requirements for other species or plans to increase enforcement exist.

Sixty people showed up to the council meeting on August 3, 2023. Many were not even aware of the existing limit law. No one supported the proposed zoning amendments though one person suggested mandatory microchipping of all pets. According to Mayor Sue Hammond, another 25 emails were received in opposition. Ultimately, the council unanimously decided to postpone the possible adoption of the proposed ordinance for 120 days and issue a moratorium on enforcement of the current section 3.30 as it pertains to dogs and cats for 120 days.

Speaking up does make a difference. But if bad laws or recorded covenants, conditions, and restrictions on property you may purchase are already in place, advance knowledge is critical. The August 2023 issue of Cat Talk has an article provided by the CFA Legislative Group called “How to Research Pet Limit Laws” to help you determine if such restrictions exist.

June 2023

Kelly Crouch, CFA Legislative Information Liaison
Sharon Coleman, CFA Legislative Legal Analyst

Animal rights activists began campaigning to reduce the licensing threshold of the ineffective Texas Dog and Cat Licensed Breeders Act after the Sunset Commission recommended eliminating the program in 2020. Failing in the 2021 legislative session, activists succeeded when Governor Abbott signed SB 876 into law on May 29, 2023. Effective September 1, 2023, the licensing threshold will be reduced from 11 breeding females to “5 or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration.” It also eliminates the transaction threshold of not fewer than 20 transactions in a calendar year. Breeders have until January 1, 2024 to comply with the new requirements.

Legislators threw pedigreed cat breeders under the bus by refusing to provide a pedigreed cat breeder exemption comparable to the exemption added for people breeding dogs for conformation shows. The CFA Legislative Group worked with TICA to suggest similar exemption language for pedigreed cat fanciers. But bill authors Senators Flores and Whitmire, and authors of the identical House Bill 2238, Representatives Buckley, Patterson, and Lalani, ignored our requests for equity.

As a result, Texas cat breeders should review the amended law to determine if they would prefer licensing and meeting all the inspection, facility, and care requirements designed for large-scale breeders or adjusting their breeding programs for the new threshold. They should also review their public profile, such as websites, to ensure that it reflects their decision – just as they did when APHIS changed the federal pet dealer licensing exemption or for other changes, like retiring or changing cattery names.

May 2023

Kelly Crouch, CFA Legislative Information Liaison
Sharon Coleman, CFA Legislative Legal Analyst

Oklahoma proponents of the Dog and Cat Bill of Rights experienced the same disappointment as their California counterparts when the Rules Committee failed to vote House Bill 1992 out of committee – or hold a vote on it. As reported in What’s Hot March 2023, the bill would have required all animal control, animal shelters, and rescue groups to conspicuously post a copy of the Dog and Cat Bill of Rights. These rights ranged from being free from cruelty to the right to mental stimulation, sterilization to prevent unwanted litters, and veterinary care. Although the session doesn’t officially end until May 26, 2023, the bill has missed the Deadline to be considered by the House as a whole. 

Oklahoma SB 349/HB 2059 to repeal the annual reporting requirements in §30.11 of the Commercial Pet Breeders Act were amended as emergency bills, changing the effective date from 11/1/2023 to when passed and approved. HB 2059 was passed and approved on 4/21/2023.

In Other News….

North Dakota House Bill 1361, declared an emergency measure in Section 2, amends the definition of person in §1-01-49(8) to exclude artificial intelligence, animals, inanimate objects, and environmental elements. A closer look was necessary to determine why “animals” would be in a bill defining “Person.” In general, there are varying definitions of “person” in different legal contexts that include both humans and non-human legal entities, public and private. The actions list of HB 1361 reveals extensive amendment of the original bill that removed a section to be added, “Personhood” expressly stating individuals’ rights are “superior and not equal to” listed non-human categories. However, the amended bill, now enacted law, only added an exclusion from the existing “person” definition, “The term does not include environmental elements, artificial intelligence, an animal, or an inanimate object.” North Dakota Can explains the rationale for this policy at https://ndcan.org/house-bill-1361

April 2023

Kelly Crouch, CFA Legislative Information Liaison
Sharon Coleman, CFA Legislative Legal Analyst

In March, both houses of the Texas Legislature considered identical bills that would lower the state licensing threshold for cat and dog breeders. Initially left pending in committee, House Bill 2238 and Senate Bill 876. Both committees have now voted favorably on the bills with one minor amendment for dog conformation breeders. A floor vote is the next step.

For the committee hearings, Texans commenting on both bills found they had to navigate different processes. The Texas Senate still embraces the old, familiar method of using an email form to contact individual legislators rather than the committee. But committee members often limit emails to district constituents, thus missing out on vital feedback. People can submit written testimony in person if they cannot speak at the hearing.

Committees in the House, however, can take advantage of an app that makes it easy for constituents to comment on a bill scheduled for a public hearing. People wanting to comment must affirm state residency to use the House Public Comment portal. The 100 comments on HB 2238 were submitted to the committee and then posted on the bill web page after the hearing. This process lends itself to quick, informal statements, but savvy advocates will still include a position statement at the beginning of their comment and avoid any ambiguity. Failing to do so requires the legislative staff to interpret – or misinterpret – the commenter’s position when making their tally!

The Texas House is not alone in embracing changes in the digital age. California and Washington are among those making it easier for constituents to voice their opinions to legislative committees. Some legislative bodies make it easier to contact one’s legislator, but not committees where a lot of important work is done.

The duplicate bill, HB 274, was assigned to the same committee as HB 2238 but has not been scheduled for a hearing yet.