Virginia - HB 1570, Companion animals; sterilization; penalty

THIS LETTER WAS ADDRESSED INDIVIDUALLY TO THE ENTIRE 22 MEMBERS OF THE VIRGINIA HOUSE COMMITTEE ON AGRICULTURE, CHESAPEAKE, AND NATURAL RESOURCES WITH THE LETTERS SENT AS EMAIL ATTACHMENTS. HOPED THERE MIGHT BE SOME DISCUSSIONS IN THE HALLWAYS. IT WAS ALSO FAXED TO THE MEMBERS WHO WERE ON THE AGRICULTURE SUBCOMMITTEE, SINCE THAT WAS THE COMMITTEE IT WAS REFERRED TO VERY LATE IN THE GAME.

AGAIN, SARA AND LYLE HAVE REPRESENTED THE USA APPROPRIATELY IN THE FIGHT AGAINST BSL.




January 26, 2008




The Honorable Harvey B. Morgan, Chairman
House Committee on Agriculture, Chesapeake, and Natural Resources
General Assembly Building
P.O. Box 406
Richmond, VA 23218

Subject: HB 1570, Companion animals; sterilization; penalty

Dear Delegate Morgan:

The United Schutzhund Clubs of America (USA) opposes HB 1570, which would mandate spay/neuter of nearly all dogs and cats in the Commonwealth of Virginia. This bill is based on a fundamentally flawed concept that has never worked anywhere.

The United Schutzhund Clubs of America was founded in 1975, and is a member club of the American Working Dog Federation. We have over 4,500 members nationally, with five clubs in Virginia. Our membership is comprised of sport dog enthusiasts, trainers, breeders, and families. We are dedicated to breeding, raising, and training working- and show-quality German Shepherd Dogs; and we offer working titles such as Schutzhund (tracking/obedience/protection), RH (search dog suitability), and HGH (herding). These titles demonstrate the working ability of the dogs. These dogs are used as police, military, explosive detection, narcotics detection, fire accelerant detection, border patrol, search and rescue, guide, and service dogs assisting the physically challenged members of our society. They are also used for the sport of Schutzhund and as treasured family companions.

The intent of HB 1570 is to reduce the number of dogs and cats in shelters. We contend, however, that it will not achieve that purpose, will be unenforceable, and will penalize responsible dog owners and breeders. Mandatory spay/neuter laws have proven ineffective in reducing shelter intakes or euthanasia rates in other parts of the country. There is no example of a mandatory spay/neuter law that has reduced shelter intake or euthanasia rates, though proponents try to spin the numbers and claim otherwise. HB 1570 will not save money; it will add bureaucracy and cost local jurisdictions and taxpayers more money.



San Mateo County, CA had the nation's first mandatory spay/neuter law. It was admitted to be a "disappointment" by its biggest backer, the Peninsula Humane Society. The PHS learned from experience that mandatory spay/neuter laws are ineffective, so they do not support a law that would impose it statewide in California. Los Angeles saw their animal control costs increase by 269% after they passed mandatory spay/neuter. Unfortunately, they still kill tens of thousands of dogs and cats each year.

The actual results of the Santa Cruz County, CA mandatory spay/neuter program are far different than those touted by the proponents of mandatory spay/neuter. The official statistics sent by Santa Cruz County to the California Department of Health Services do not match the claimed 60%+ decrease in shelter impounds between 1995 and 2003. There was only a modest 8% decrease in impounds for dogs, while impounds statewide dropped 17%. Santa Cruz shelter expenses nearly doubled since mandatory spay/neuter law took effect, increasing 93% while the state average for shelter expenses decreased 10%.

United Schutzhund Clubs of America – 2 – January 26, 2008


Over the same period, without mandatory spay/neuter laws, El Dorado, Mendocino, Monterey, Nevada, Placer, and Ventura counties all showed substantially greater reductions in the number of dogs euthanized
than did Santa Cruz, led by Nevada County with an 89% reduction. Passage of HB 1570 would eliminate the voluntary programs that have been so successful in many local jurisdictions.

The vast majority of responsible breeders of working dogs are not breeding for monetary gain. On the contrary, they dedicate their lives to this very demanding work, often at great financial sacrifice. HB 1570 appears on the surface to have reasonable exemptions for these responsible breeders, but it does not. A “hobby breeder” may only breed one litter, while responsible hobby breeding involves more than a single litter. A “fancier breeder” must prove they show in certain sanctioned dog competitions on a regular basis, with no definition of what is “regular.” A “breed improver” has to prove they do not derive income from breeding, but it is not realistic or advisable for any breeder to give away puppies for free. Even if the bill is amended to state the breeder must not derive net income, it will still be unrealistic because a dog owner would be required to submit the audited financial records of the breeder’s breeding program. This is not realistic or workable.

Police canines are vital tools for law enforcement, and many police departments are expanding their units.
The demand for explosive detection dogs skyrocketed after 9/11 and cannot currently be met. One police K9 handler stated that if she was given 1,000 suitable dogs, she could place them all immediately. These dogs are critically needed to fight terrorism in this country and elsewhere. Working dog breeders produce the dogs used for the various types of search and rescue activities, and a decrease in the availability of these dogs will bring with it an attendant reduction in the number of successful searches. Passage of legislation such as HB 1570 would decimate the availability of these types of dogs that contribute so much to us.

It is impossible to measure the contributions of a search and rescue dog that finds a lost child, a police service dog that keeps its handler from being injured or killed, a narcotics detection dog that intercepts a shipment of drugs, a military dog that guards our bases, the explosives detection dog working against terrorism, or a service dog that helps a physically-challenged person lead an independent life. These remarkable canines make an enormous contribution to their owners, handlers, and society. We hope you will not be part of the process that eliminates these canines from your state.

Rather than impose a strategy such as mandatory spay/neuter that has failed everywhere it has been attempted, the Commonwealth of Virginia should leverage the success that Charlottesville, VA has had in its animal shelters. This is the No Kill Equation as advanced by the No Kill Advocacy Center. Charlottesville, VA is saving 92% of the dogs and cats admitted to its open admissions shelter, making it a leader in a nation that routinely kills 50% of dogs and cats admitted. This success can only be accomplished when animal lovers within a community work cooperatively to save lives. This cooperative spirit has never occurred, and cannot occur, when government attempts to impose draconian spay/neuter mandates on dog and cat owners. These laws divide the community of animal lovers, and make No Kill success impossible.

The United Schutzhund Clubs of America strongly objects to HB 1570, as it will not achieve its intended purpose and will transgress the rights of law-abiding citizens. As has been clearly demonstrated with other mandatory spay/neuter laws, HB 1570 is impractical and would be ineffective in reducing the number of dogs and cats in shelters.

We respectfully ask that HB 1570 be either withdrawn or defeated. It cannot be fixed by amendments.

Very truly yours,

Lyle Roetemeyer