Arkansas Senate Bill 864 WE ALL NEED TO ACT NOW ARKANSAS PROPOSES HIGHEST OWNER LICENSING FEES IN THE COUNTRY ** HEARING SET FOR WEDNESDAY, MARCH 18th ** The Issue. The Arkansas Senate Judiciary Committee will hear Senate Bill 864 pertaining to licensure requirements for owners of multiple dogs and cats on Wednesday, March 18, 2009. The licensing fees set forth in the bill would be the highest in the country. The Impact. Senate Bill 864 provides that anyone who owns 12 or more dogs, cats or combination of the two must annually obtain a license from the Arkansas Agriculture Department. An owner is defined as a person who Has a right of property in a dog or cat; Keeps or harbors a dog or cat; Has a dog or cat in his or her care; or Acts as a custodian of a dog or cat. Licensing fees vary as follows: 12 -24 dogs, cats, or any combination of dogs and cats = $250; and 24 or more dogs, cats, or any combination of dogs and cats = $1,000. Fees will be collected by the Agriculture Department and placed in the Livestock and Poultry Special Revenue Fund. If a complaint is received on a possible violation of this licensure requirement, an official that is responsible for animal control operations in the jurisdiction where the complaint is made may investigate a violation, including inspection of the dogs and cats as well as places the animals are kept, during daytime hours. Anyone who does not obtain one of these licenses is guilty of a Class A misdemeanor. March 17, 2009 (AR SB 864) EXEMPTIONS: The following are exempted from this licensing requirement: A veterinarian or veterinary facility that provides services under the Arkansas Veterinary Medical Practice Act; A boarding, kennel, or grooming facility that acts as temporary custodian of a dog or cat in exchange for compensation; An agency of the federal government acting under its official duties; An agency of the state, county, municipality, or other governmental or political subdivision of the state acting under its official duties; An entity owned or managed by an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction; and A research facility or institution that is subject to any federal law or regulation governing animal research that is in effect on January 1, 2009. Recommended Action. The fees set forth in this bill are the highest anywhere in the country for this type of licensing. Pet stores selling dogs or cats would be subject to a $1,000 annual license fee since they would be handling more than 24 animals in a 12-month period. Persons opposed to this legislation should contact members of the committee immediately (see the attached contact list) and attend the hearing if possible to voice their concerns. You may wish to include the following points, in your own words: This type of taxation is simply punitive, penalizing people for breeding or selling dogs and cats. These excessive fees will force many tax-paying businesses to permanently shut their doors, increase unemployment, and drive up the cost of companion animals for consumers. SB 864 is in essence just an anti-pet bill. It discourages pet ownership, and is contrary to the public interest. This bill is set for hearing before the Senate Judiciary Committee on Wednesday, March 18, 2009 at 10:00 a.m. in Room 171 at the State Capitol. If possible, persons opposed to the bill should attend the hearing and sign up to testify against it. PIJAC will post updates on the status of this bill under the Breaking News section of its website at www.pijac.org. Check back regularly for news about action on the bill and for recommendations as to further responses. Should you have questions, contact PIJACs Michael Maddox at 202-452-1525. State of Arkansas Senate Committee on Judiciary State Capitol Little Rock, AR 72201 501/682-6107 SENATOR DISTRICT(S) TEL. # EMAIL Ed Wilkinson (Ch)(D-6) Logan, Polk, Scott, Sebastian 501/682-2902 wilkinsonj@arkleg.state.ar.us Ruth Whitaker (V-Ch)(R-3) Crawford, Franklin, Washington 501/682-2902 whitakerr@arkleg.state.ar.us David Johnson (D-32) Pulaski 501/682-2902 johnsond@arkleg.state.ar.us Jim C. Luker (D-17) Crittenden, Cross, Lee, Monroe, St. Francis, Phillips, Woodruff 501/682-2902 lukerj@arkegs.state.ar.us Sue Madison (D-7) Washington 501/682-2902 madisons@arkleg.state.ar.us Jerry Taylor (D-23) Cleveland, Desha, Grant, Jefferson, Lincoln, Saline 501/682-2902 taylorj@arkleg.state.ar.us Robert Thompson (D-11) Clay, Craighead, Greene, Lawrence 501/682-2902 thompsonr@arkleg.state.ar.us Hank Wilkins (D-5) Arkansas, Desha, Jefferson, Lincoln, Phillips 501/682-2902 wilkinsh@arkleg.state.ar.us 1 2009 AR S 864 AUTHOR: Madison VERSION: Introduced VERSION DATE: 03/09/2009 State of Arkansas 87th General Assembly A Bill Regular Session, 2009 SENATE BILL 864 By: Senator Madison For An Act To Be Entitled AN ACT TO REQUIRE OWNERS OF MULTIPLE DOGS OR CATS TO OBTAIN LICENSES ANNUALLY; AND FOR OTHER PURPOSES. Subtitle TO REQUIRE OWNERS OF MULTIPLE DOGS OR CATS TO OBTAIN LICENSES ANNUALLY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code Title 20, Chapter 19 is amended to add an additional section to read as follows: 20-19-105. Multiple dogs and cats - License requirement. (a) As used in this section, "owner" means a person who: (1) Has a right of property in a dog or cat; (2) Keeps or harbors a dog or cat; (3) Has a dog or cat in his or her care; or (4) Acts as a custodian of a dog or cat. (b) An owner of twelve (12) or more dogs, cats, or any combination of dogs and cats shall annually 2 obtain a license issued by the Arkansas Agriculture Department. (c) The license fee is for an owner of: (1) Twelve (12) or more but less than twenty-four (24) dogs, cats, or any combination of dogs and cats is two hundred fifty dollars ($250); and (2) Twenty-four (24) or more dogs, cats, or any combination of dogs and cats is one thousand dollars ($1,000). (d) The following persons are not required to be licensed under this section: (1) A veterinarian or veterinary facility that provides services under the Arkansas Veterinary Medical Practice Act, Section 17-101-101 et seq.; (2) A boarding, kennel, or grooming facility that acts as temporary custodian of a dog or cat in exchange for compensation; (3) An agency of the federal government acting under its official duties; (4) An agency of the state, county, municipality, or other governmental or political subdivision of the state acting under its official duties; (5) An entity owned or managed by an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction; and (6) A research facility or institution that is subject to any federal law or regulation governing animal research that is in effect on January 1, 2009. (e)(1) An official of the department, a public health or safety official, and an officer employed or appointed by an agency of the state, county, municipality, or other governmental or political subdivision of the state that is responsible for animal control operations in its jurisdiction, upon receiving a complaint or upon his or her own motion, may investigate a violation of this section during daytime hours. (2) The investigation may include the inspection of the dogs or cats on the premises and any place where dogs or cats are kept or maintained. (f) The fees established under this section shall be collected by the department and transmitted to the Treasurer of State, who shall credit the fees to the Livestock and Poultry Special Revenue Fund. (g) A person who fails to obtain a license required under this section is guilty of a Class A misdemeanor. |