Spring Theresa Bruner Executive Director FOHO WV Legislative Action

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1 News Briefs Sharing news and information in the West Virginia animal welfare community Spring 2013 Overall, good year for animal legislation in WV This was a good year for animal legislation in West Virginia. Three bills passed the 2013 WV State Legislature, two of which, the Puppy Mill bill and the Spay/Neuter Funding Assistance bill, took 5 years to pass. The spay/neuter bill is not all we wanted, but we are pleased that the fund is being established at the state level within the Dept. of Agriculture. It has always been FOHO s belief that dogs come under the watch of the Dept. of Agriculture but have always been largely ignored. With Commissioner Helmick on board, we feel it is a new era for companion animals in WV. Finally, we have a spotlight on this problem. Recognition from the state level is needed to begin to curb our pet overpopulation. Along with helping with the establishment of the rules, FOHO will be diligently working to find funding solutions. The American Society for the Prevention of Cruelty to Animals (ASPCA) cooperates in a very successful New York program for New York State Dept. of Agriculture, so we have other states from which to model our program. The Puppy Mill bill positions WV along with adjoining states that have addressed the problem of nonregulation of these large breeding fa- cilities. The Humane Society of the United States (HSUS) and ASPCA were key in helping West Virginia pass this legislation. How fortunate that The Today Show exposé on the American Kennel Club and The New York Times article appeared while we were fighting for this bill to pass and be signed. If you missed either of those, go to and you can view them there. The Livestock in Dire Conditions Bill will help protect livestock found in dire or extreme conditions. A Livestock Standards Board will be established to help livestock found to be in imminent danger. This bill addresses cases of horses and cattle dying of starvation or lack of water. As we know more about this bill, we will post it on our legislative website. Theresa Bruner Executive Director FOHO WV Legislative Action See page 2 for first-hand reports from the team members who made it happen at the legislature this year. There is strength in numbers. Join FOHO WV INSIDE Legislative Year Overview p. 2 Animal cruelty legislation works p. 4 Group news from around the state p. 5 WVU law student in National Animal Law competition p. 6 info@fohowv.org Main website, promoting animal welfare throughout West Virginia Legislative website, updated mainly throughout the WV Legislative Session. Animal law archived here. Spay Neuter Assistance Program WV website. Lists spay neuter grant allocation in WV. News Briefs is a publication of the Federation of Humane Organizations of West Virginia, P. O. Box 686, Elkins, WV All rights reserved.

2 Key people who helped influence the success of this legislation tell their stories below. FOHO is very proud of the efforts of all animal advocates in West Virginia. Our success was truly a united effort: the victors are the animals of West Virginia! Summer Wyatt West Virginia State Director The Humane Society of the United States Puppy Mill Sylvia Shafer Associate Director FOHO WV Legislative Action Puppy mills and S/N: what s ahead Cheryl Durst Legislative Chairperson Animal Advocates of West Virginia Teamwork = Success After 5 long and strenuous years, a bill that will regulate commercial dog-breeding facilities has passed the West Virginia legislature. This is landmark legislation for West Virginia and will put us in line with the majority of the rest of the country in protecting dogs in these facilities. Though this bill has gone through quite an evolution, I am confident in this legislation s ability to protect animals. In this bill, a commercial breeder is defined as any person who maintains eleven 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. Exemptions 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; and With respect to greyhound dogs only, any person who holds an occupational permit from, and has registered a greyhound kennel name with, the West Virginia Racing Commission. During a Senate subcommittee, amendments were made to remove the cap of how many dogs were allowed to be bred in one operation and another was made to implement an improvement period, as decided by a judge or magistrate. SB 437, which is called the Puppy Mill bill, is really titled The Commercial Dog Breeding Law. Why did it take until the fifth year to pass? The answer is simple: the breeders and the American Kennel Club fought hard against the bill. A good breeder should not be concerned, but they were. What this law does is require breeders to register and be inspected. The being inspected is the wonderful part. No more stacked cages on wire, proper vet care, proper food, and clean water. We certainly should do this for all of our pets. Another wonderful thing about this law is that the enforcers will know where the breeders are and can enter twice a year without a search warrant. This alone will stop much of the cruelty. Most people do not realize how many bad breeders there are in this state; therefore, many people did not try to help this bill become law. Yes, this is not a perfect bill, but it I have been the legislative chairperson of Animal Advocates of West Virginia for two years now and have had successes thanks to caring legislators and other animal advocates that took the time and interest to call and our delegates and senators to ask for their support on animal welfare bills. I still have much to learn and I am encouraged to continue learning and working for animal welfare laws because my efforts have come to fruition. I think that this year has been another very satisfying time for me due to the Commercial Dog Breeding bill getting passed and signed into law by Governor Tomblin. The passage of this bill is probably the most satisfying due to the amount of years spent on attempting to get it passed. The number 5 must be our lucky number because this was the fifth year we ve been trying to get it through both the house and the senate successfully. I don t think that our legislators (continued on p. 5) (continued on p. 3) (continued on p. 3) 2 - FOHO WV

3 Puppy Mill (from p. 2) This legislation will allow for more humane care of these animals - who are so many times left without proper veterinary care, human socialization, or stimulation of any kind - by mandating veterinary records, enclosure cleanliness, and temperature guidelines. Also included in the standards are:.proper shade and shelter to keep dogs clean and dry and to regulate temperature,.solid flooring,.no stacking of kennels,.kennels cleaned at least once daily,.food and water bowls being free from debris,.veterinary confirmation that a dog is healthy enough to breed each year,.proper staffing levels, ventilation, lighting, and.license number use in advertising. Spring 2013 This legislation is the only way to assure these animals living in puppy mill type situations receive more humane care than the current animal cruelty code s requirements of food, water, and shelter. By allowing for a statewide licensing program for commercial breeders, animal control officers will know where commercial breeders are located and will be able to inspect these facilities. Without this legislation, dogs can currently live in stacked or rabbit hutch type cages their entire lives without exercise or any of the simple joys experienced by their pups who are sold as household pets. Though this legislation passed both chambers and was signed by the Governor, we still need the help of advocates like you to make sure breeders are following this law to ensure better lives for thousands of breeding dogs in West Virginia. Strength in numbers - Join FOHO WV Teamwork = success (from p. 2) were aware that the American Kennel Club (AKC) was blocking the bill, not because they had realistic concerns about the bill but because the bill would limit their ability to pad their pockets with registration money from buyers of puppies I was thrilled to uncover those facts and figures by researching the Internet and finding Ron Menaker s Annual AKC Report from 2008 which, by the way, is the year we started our attempts to get an anti-puppy mill bill passed here in WV. Once the information was given to our legislators, the greed of the AKC is what ultimately defeated them. We proved through their very words that they were interested in commercially bred puppies for registration in order to increase their profits. In addition to uncovering the information, true teamwork throughout the state took place with Sylvia Shafer and Summer Wyatt keeping those of us heading up groups of advocates informed and then we would contact our groups to let them know when to make calls and send s to the legislators asking for support of the bills. Kudos to our WV Senate for passing all five animal-related bills unanimously. Unfortunately, the house is where two of the bills died. The Exotics bill died as well as The Horse Facilities Act. Being a horse owner and having to rely on boarding facilities, I had a very special interest in the bill. In fact, I gave information for the bill to Senator Unger s legal counsel and the bill was created within 48 hours. In addition, there were a few tragedies that took place in Berkeley County over the past two years where two horses died while in the care of boarding facilities. I had those facts and photos and gave them to the legal counsel as well. The bill calls for standards of care for horses at boarding facilities. We ll pursue it again next year. We managed to get three out of five animal-related bills passed, and that s a real accomplishment. TIPS..... Strategize for advocacy 1. Create your arguments with facts from objective sources, preferably the opposing side s own words. DOCUMENT. 2. SYNCHRONIZE your info with other advocates on the front line for consistency. All of them should then contact their contacts for info and action. FOHO WV - 3

4 Ginnie Maurer While people convicted of injuring or killing a companion animal often receive mere slaps on the wrists, today we read of a man convicted of animal cruelty receiving an appropriate sentence in West Virginia for the violence he perpetrated on an 8-pound Shih Tzu. From WTRF.com, Anthony Doyle was sentenced to 2-10 years in prison on Wednesday [April 10, 2013] for the beating death of a dog on Wheeling Island in August of Doyle will be eligible for parole after two years. Until fairly recently, many lawmakers and law enforcement officials did not take cruelty to animals seriously and sadly, some still don t. Nor is the connection always made between animal cruelty and human cruelty. But as we learn more about the nature of those humans who engage in violence against animals, we are better able to enact laws that protect both animals and humans. The cycle of violence against animals often begins in childhood when a young person either witnesses cruelty to animals or is the recipient of abusive actions by adults. That child is more likely to start abusing animals as a young person and will then, as an adult, continue such abuse against his or her peers. As noted in an article about 4 - FOHO WV Animal Cruelty Legislation WORKS animal abuser registries on The National Humane Education Society s website, Intentional animal cruelty is of particular concern as it is a sign of psychological distress and often indicates an individual may be predisposed to committing acts of violence toward humans. Many studies in psychology, sociology, and criminology have demonstrated that violent offenders In fact, the American Psychiatric Association identifies cruelty to animals as one of the diagnostic criteria for conduct disorders; and the FBI uses reports of animal cruelty in analyzing the threat potential of suspected and known criminals. frequently have childhood and adolescent histories of serious and repeated animal cruelty. Additionally, mental health professionals and top law enforcement officials consider the blatant disregard for life and suffering evidenced by all forms of cruelty to animals to be an unquestionable warning sign. In fact, the American Psychiatric Association identifies cruelty to animals as one of the diagnostic criteria for conduct disorders; and the FBI uses reports of animal cruelty in analyzing the threat potential of suspected and known criminals. According to the American Society for Prevention of Cruelty to Animals, The National Coalition Against Domestic Violence conducted its own study in which 85.4 percent of women and 63.0 percent of children reported incidents of pet abuse after arriving at domestic violence shelters. Often those who are being abused feel forced to stay in abusive relationships for fear of retaliation against their companion animals if they leave their homes. We need to protect animals as well as humans whenever domestic violence is suspected. While nothing can be done for Toby, the eight-pound Shih Tzu, beaten to death by Doyle, we must work diligently to save other Tobies out there who may be on the receiving end of violence they never should experience. Report animal cruelty wherever and whenever you see it. Your eyes and ears may save an animal s life.

5 Puppy mills and S/N (from p. 2) is a start and can be improved on in the future. SB 202 sets up a Spay/Neuter account with the state. The funding will hopefully come from grants and donations. The greatest problem in this state concerning animals is overpopulation. WE HAVE TOO MANY PUPPIES AND KITTENS BEING BORN. In all fairness to the public, many animal owners cannot afford to spay/ neuter their companions. In other words, they would if they could. This account will be administered by the Department of Agriculture and in a fair way. The Rules must be promulgated by the Legislature and approved by them in the 2014 session. We are still a year away from receiving the help that is needed, but we know that we have helped to resolve a major problem. It is very difficult to pass animal legislation, as it is considered controversial. We need more of the public to help in ending the suffering. People need to stop buying puppies from puppy mills and pet stores. Rescue of animals helps and is important, but we must solve the problem where it starts and that answer is spay/neuter. Group News from around the state Share with others what s going on & what s working for your group (BECKLEY) A new animal welfare group has taken up the cause to help animals in our state. Regional Outreach for Animal Reform in WV (ROAR WV) was created in October 2012 by Melissa Lilly, a Beckley attorney and native. The group s mission is threefold: cooperation, legislation, and education. The first prong of the mission is to get local animal shelters and rescues and state/national organizations to work together for the greater good of the animals. This is vital to the goal of animal welfare reform because when various animal groups work independently, their voices can be quashed by larger interest groups. So far ROAR WV includes members of the Humane Society of Raleigh County, Operation Underdog, and Raleigh County Animal Rescue. The group has already reached out to The Federation of Humane Organizations of West Virginia, FOHO WV Legislative Action, and The Humane Society of the United States. They hope that, by cooperating with these organizations, more protections will be granted to our animal companions. Animal advocates know the importance of legislation in the process of animal welfare; however, not all advocates know how to tackle a daunting goal like drafting and lobbying for new animal laws. The key is knowing what laws are already on the books as well as their benefits and pitfalls. In many areas, West Virginia law is very lax. In other instances, the laws are not being enforced and the key is to determine how to get them enforced. A primary goal for ROAR WV is to pass city and county ordinances that will provide standards of care that are not currently provided by state law. Education is the final piece to making changes for animals. In many poverty-stricken areas of southern West Virginia, animals are treated more as property and less as companions. It is important to teach our neighbors and children how to properly care for their animals. ROAR WV is currently creating a program for local high school students to learn about the importance of caring for our furry companions. Although in its infancy, ROAR WV has big plans for the future and hopes to make great changes in the state. For more information, please the group at southernwvanimals@yahoo.com. Melissa Lilly Send news of your group to info@fohowv.org HSUS appoints WV Faith Outreach Volunteer Leader The Humane Society of the United States has appointed Barbara Grigg (Bless the Pets director) as WV s Faith Outreach Volunteer Leader. Her job is to build support for animal welfare within the state s faith communities. To that end, if you will compile a list of and other contact info for churches and other faith groups in your area, Barbara will contact them on behalf of your local animal welfare community AND keep you posted on her progress. To send your list or for more information, rbgrigg@comcast.net. FOHO WV - 5

6 WVU School of Law represents at National Animal Law Competition The goal is to spread ideas and prepare new lawyers with the tools to combat animal cruelty through the legal and legislative process. The Lewis & Clark Law School in Portland, Oregon, hosted the 10th annual National Animal Law Competition February 15-17, Twenty law schools, from all over the nation, sent teams to compete. I was honored to represent the West Virginia University School of Law in the Legislative Drafting and Lobbying portion of the competition. It was a great learning experience and a wonderful opportunity to meet and talk with so many supporters of animal protection. As part of that competition, I posed as a member of a state animal protection society attempting to get a new animal cruelty law passed to replace the current, ineffective law. After drafting and writing the new comprehensive law, I met with four actors portraying state legislators; in real life these individuals are animal rights activists and attorneys. In pitching the new law to them, I tried to reinforce their own desires to combat animal cruelty and to convince them why we needed the new law to achieve that. Along with that, there was an effort to minimize their concerns about costs, enforcement, penalties, or political fallout. I was happy to be selected as a finalist and I would love to compete again in the future. The competition promotes activism and gives those involved a chance to meet with other like-minded animal lovers. The goal is to spread ideas and prepare new lawyers with the tools to combat animal cruelty through the legal and legislative process. John Pizzo When you need solid information... Accept no substitutes! The amount of information available on the Internet about various animal welfare issues is staggering. Where do you go for a concise explanation of an issue? FOHO WV Legislative Action now has several position papers on the organization s website, with more soon to come. FOHO WV These position papers currently available:. Spay Neuter Funding for West Virginia: Why we need it. Breed Specific Bans: Why they do not work. Commercial Dog Breeding: Why this cruel business needs to be regulated Two additional position papers are being developed:. Eliminating all gas chambers in the state and using injection instead to euthanize animals in shelters. Tethering dogs for long periods of time and why it is considered inhumane 6 - FOHO WV FOHO WV Legislative Action position papers give concise, well-documented information you can use to educate people in your community and be the voice for West Virginia s animals.