As introduced Arkansas SB864 might look good to people who think it targets people with "too many" animals but in reality it is an animal killer. It imposes fees of up to $1000 annually based on "property interest." Rescue organizations are not exempt. It is not only common practice, but good practice, to place animals in foster homes before adoption. Despite the fact that each animal may be in a home with just the ordinary two or three pets the rescue organizations will be facing these steep fees. This is because the only way they can have a say in placement and recovery of the animal is by keeping a property interest. Responsible breeders also often maintain a property interest in the animals they place. That is what gives them the right to recover an animal not cared for to their standards, and to get an animal back if the other party dumps it in a shelter. Maintaining a property interest helps a responsible breeder ensure that requirements are met.
By the time you read this perhaps the langauge of the Arkansas bill will have been changed but the real point should not be lost. Never assume that you understand the true intent of a proposed law. And even assuming that you do understand the true intent do not assume that the language and the intent are well thought out. Watch out for bad unintended consequences due to poor drafting.
1 State of Arkansas
2 87th General Assembly A Bill
3 Regular Session, 2009 SENATE BILL 864
4
5 By: Senator Madison
6
7
8 For An Act To Be Entitled
9 AN ACT TO REQUIRE OWNERS OF MULTIPLE DOGS OR CATS
10 TO OBTAIN LICENSES ANNUALLY; AND FOR OTHER
11 PURPOSES.
12
13
14 Subtitle
15 TO REQUIRE OWNERS OF MULTIPLE DOGS OR
16 CATS TO OBTAIN LICENSES ANNUALLY.
17
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code Title 20, Chapter 19 is amended to add an
22 additional section to read as follows:
23 20-19-105. Multiple dogs and cats - License requirement.
24 (a) As used in this section, "owner" means a person who:
25 (1) Has a right of property in a dog or cat;
26 (2) Keeps or harbors a dog or cat;
27 (3) Has a dog or cat in his or her care; or
28 (4) Acts as a custodian of a dog or cat.
29 (b) An owner of twelve (12) or more dogs, cats, or any combination of
30 dogs and cats shall annually obtain a license issued by the Arkansas
31 Agriculture Department.
32 (c) The license fee is for an owner of:
33 (1) Twelve (12) or more but less than twenty-four (24) dogs,
34 cats, or any combination of dogs and cats is two hundred fifty dollars
35 ($250); and
36 (2) Twenty-four (24) or more dogs, cats, or any combination of
1 dogs and cats is one thousand dollars ($1,000).
2 (d) The following persons are not required to be licensed under this
3 section:
4 (1) A veterinarian or veterinary facility that provides services
5 under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq.;
6 (2) A boarding, kennel, or grooming facility that acts as
7 temporary custodian of a dog or cat in exchange for compensation;
8 (3) An agency of the federal government acting under its
9 official duties;
10 (4) An agency of the state, county, municipality, or other
11 governmental or political subdivision of the state acting under its official
12 duties;
13 (5) An entity owned or managed by an agency of the state,
14 county, municipality, or other governmental or political subdivision of the
15 state that is responsible for animal control operations in its jurisdiction;
16 and
17 (6) A research facility or institution that is subject to any
18 federal law or regulation governing animal research that is in effect on
19 January 1, 2009.
20 (e)(1) An official of the department, a public health or safety
21 official, and an officer employed or appointed by an agency of the state,
22 county, municipality, or other governmental or political subdivision of the
23 state that is responsible for animal control operations in its jurisdiction,
24 upon receiving a complaint or upon his or her own motion, may investigate a
25 violation of this section during daytime hours.
26 (2) The investigation may include the inspection of the dogs or
27 cats on the premises and any place where dogs or cats are kept or maintained.
28 (f) The fees established under this section shall be collected by the
29 department and transmitted to the Treasurer of State, who shall credit the
30 fees to the Livestock and Poultry Special Revenue Fund.
31 (g) A person who fails to obtain a license required under this section
32 is guilty of a Class A misdemeanor.
DogPlay Home Page
Lost? PageList lists all the DogPlay pages.
Check the Help page. 
Learn more About DogPlay.
Fun dog related designs on T-Shirts, sweatshirts, mugs, buttons, stickers and more at DogPlay Mall and DogPlay Shop.
Before making a link request, check my criteria.
Copyright © 2009 Diane Blackman Created: March 7, 2009
Help with Contacting DogPlay
For information on linking and other uses of this material see the copyright
page.
Disclaimer and Privacy Policy
Unauthorized copy discovery is enabled
Help About Feedback Partners Listing Home