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Virginia House Bill HB 1242
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by go_topless on January 20, 2012
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I just got word that a new Bill just got introduced to the Virginia House of Delegates . It is HB 1242 and I'm told it is largely identical to the Senate version SB 477 "Ban on dangerous wild animals". I'll give updates as the come available.
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RE: Virginia House Bill HB 1242
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by go_topless on January 20, 2012
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HB 1242 Dangerous wild animals; Class 1 misdemeanor to privately possess, sell, transfer, etc.
Dangerous wild animals. Makes it a Class 1 misdemeanor to privately possess, sell, transfer, or breed dangerous wild animals, which are identified by taxonomic classification. The bill would grandfather in the ownership of any existing lawful dangerous wild animals; however, the owner of such animals is required to meet certain conditions in order to maintain possession of the animals. The bill limits the possession of dangerous wild animals to certain types of entities and facilities. The legislation sets out the procedures to be followed in the impoundment and forfeiture of dangerous wild animals.
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB1242
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RE: Virginia House Bill HB 1242
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by go_topless on January 20, 2012
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The rest of the HB 1242 just got posted and it's really BAD. They want to take all pythons except Ball Pythons, Angolan Pythons and Green Tree Pythons. Could you forwark this to Owen.
Thanks, David
http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+HB1242
A BILL to amend the Code of Virginia by adding in Chapter 5 of Title 29.1 an article numbered 8, consisting of sections numbered 29.1-578 through 29.1-586, relating to the ownership of dangerous wild animals; penalty.
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Patron-- Peace
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 5 of Title 29.1 an article numbered 8, consisting of sections numbered 29.1-578 through 29.1-586, as follows:
Article 8.
Conditions on the Ownership of Dangerous Wild Animals.
§ 29.1-578. Possession, sale, transfer, and breeding of certain animals.
It is unlawful for any person to possess, sell, transfer, or breed any of the following animals:
1. Order Carnivora:
a. Family Canidae: all species and hybrids of the genera Canis (wolves and related species), Cuon (dholes), Lycaon (African wild dogs), and Chrysocyon (maned wolves); excluding Canis lupus familiaris (domestic dogs) and Canis lupus familiaris hybrids.
b. Family Felidae: all species and hybrids of the family Felidae (all felids); excluding Felis catus (domestic cats) and Felis catus hybrids.
c. Family Ursidae: all species and hybrids of bears.
d. Family Hyaenidae: all species of hyena and aardwolf.
2. Order Crocodilia: all species of alligators, crocodiles, caimans, and gharials.
3. Order Primates: all species and hybrids of apes, galagos, lemurs, lorises, and monkeys, excluding humans.
4. Order Proboscidea: all species of elephants.
5. Order Squamata:
a. Family Atractaspididae: all species and hybrids, such as mole vipers.
b. Family Boidae, to include all species that may be described as family Pythonidae: all species and hybrids of the genera Apodora (pythons), Eunectes (anacondas), Liasis (pythons), Morelia (pythons), and Python (pythons); excluding Morelia viridis (green tree pythons), Python anchietae (Angolan pythons), and Python regius (ball or royal pythons).
c. Family Colubridae: all species and hybrids of the genera Dispholidus (boomslangs), Rhabdophis (keelbacks), and Thelotornis (twig snakes).
d. Family Elapidae, to include all species that may be described as family Hydrophiidae: all species and hybrids, such as cobras, mambas, coral snakes, and sea snakes.
e. Family Viperidae: all species and hybrids, such as rattlesnakes, pit vipers, and puff adders.
§ 29.1-579. Exemptions.
The provisions of § 29.1-578 shall not apply to:
1. Facilities accredited or certified by the Association of Zoos and Aquariums, facilities that have an active contractual relationship with an American Association of Zoos and Aquariums Species Survival Plan for breeding of species listed as threatened or endangered pursuant to 16 U.S.C. § 1533, or facilities that are actively seeking accreditation or certification by the American Association of Zoos and Aquariums that have a letter of understanding with a mentor institution that is renewed annually.
2. Research facilities, as defined in the Animal Welfare Act (7 U.S.C. § 2132(e)).
3. Facilities accredited by the Global Federation of Animal Sanctuaries with an accreditation status appropriate for the animals held.
4. Circuses, defined as incorporated Class C licensees under the Animal Welfare Act (7 U.S.C. § 2134), that are temporarily in the Commonwealth and that offer scheduled performances by live animals.
5. Federal, state, or local government facilities or agents holding an animal for official purposes.
6. Licensed veterinary establishments temporarily holding an animal for the purpose of providing veterinary treatment.
7. A person temporarily transporting an animal through the state if the transit time is not more than 24 hours, the animal is not exhibited, and the animal is maintained at all times in a species-appropriate cage or other travel container such that there is no opportunity for physical contact with any member of the public.
§ 29.1-580. Conditions for allowable continued possession.
The provisions of § 29.1-578 shall not apply to persons who possessed such an animal prior to July 1, 2012, provided that such person:
1. Shall maintain veterinary records, acquisition papers, or other documents or records that establish that the person possessed the animal prior to July 1, 2012;
2. Shall not acquire additional such animals after July 1, 2012, whether by purchase, transfer, donation, or reproduction;
3. Shall not have been convicted of an offense involving the abuse or neglect of any animal pursuant to any federal, state, or local law;
4. Shall not have had a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any federal, state, or local agency;
5. Shall not fail to keep the animal properly confined;
6. Shall not allow members of the public any opportunity to come into physical contact with the animal;
7. Shall register with, and pay a registration fee to, the Department by July 1, 2013, and annually thereafter, indicating the number and species of such animals in his possession and showing proof of liability insurance in an amount of not less than $250,000 for property damage, bodily injury, or death caused by such animals; and
8. At least 72 hours prior to the sale or transfer of an existing dangerous wild animal, shall notify the Department, identifying the recipient of the animal. The possession, sale, transfer, and transport of the dangerous wild animal shall conform to all applicable state, local, and federal laws.
§ 29.1-581. Certain animals not properly confined.
Any animal described in § 29.1-578, excluding noncaptive native populations of wildlife, found to be not properly confined, whether on the property of the owner or running at large, may be humanely destroyed by law-enforcement or animal control officers, or other federal, state, or local agents, in order to protect public safety. The owner or custodian of such an animal will be liable for costs accrued to law-enforcement or animal control agencies in humanely destroying or otherwise securing any such animal.
§ 29.1-582. Forfeiture and disposition of animals possessed in violation of this article.
A. Law-enforcement and animal control officers shall, upon probable cause, impound any or all animals possessed in violation of this article. If such animal does not pose an immediate threat to public safety and is not suffering from apparent animal neglect or cruelty, the animal shall be considered impounded in its enclosure and shall be properly maintained and provided adequate care by the owner until judicial determination of forfeiture. If such animal poses an immediate threat to public safety or is suffering from apparent animal neglect or cruelty, the animal shall be seized by law-enforcement or animal control officers and held in a suitable federal, state, or local facility or other facility exempted from this article in § 29.1-579 until judicial determination of forfeiture.
B. Upon seizing or impounding an animal, the law-enforcement or animal control officer shall petition the general district court in the city or county where the animal is seized or impounded for a hearing. The hearing shall be not more than 10 business days from the date of the seizure or impoundment of the animal. The hearing shall be to determine whether the animal is possessed in violation of this article.
C. Upon judicial determination that (i) the seized or impounded animal is listed in § 29.1-578 and (ii) the owner of the seized or impounded animal is violating any provision of this article with regard to such animal, the animal shall be deemed forfeited.
D. Any animal judicially deemed forfeited pursuant to this article shall as soon as practicable be euthanized by a licensed veterinarian or humanely destroyed as recommended by a licensed veterinarian unless (i) a person legally able to possess the animal and willing and able to take immediate possession of the animal is identified prior to or at the forfeiture hearing, in which case the court may award such person ownership of the animal, or (ii) the court determines that the animal is listed in 50 C.F.R. 17.11 as protected under the Endangered Species Act (16 U.S.C. § 1531 et seq.), in which case such animal shall be ceded to the U.S. Fish and Wildlife Service.
E. A court may order the owner of an animal seized pursuant to this article to post a bond in surety with the locality for the cost of caring for such animal for a period of time not to exceed nine months. If the court orders the posting of a bond in surety, the bond shall be posted with the clerk of the court within five business days after the hearing. If the person ordered to post the bond does not do so, the animal is deemed forfeited.
§ 29.1-583. Voluntary relinquishment.
Nothing in this article shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to a person legally able to possess the animal and willing and able to take possession or have such animal euthanized by a licensed veterinarian in lieu of seizure or impoundment. Voluntary relinquishment shall have no effect on any criminal charges that may be pursued by the appropriate authorities concerning possession or treatment of the animal.
§ 29.1-584. Adoption of regulations.
The Board shall adopt regulations to carry out the provisions of this article. The regulations shall include (i) the adoption of registration fees on a sliding scale depending on the number of dangerous wild animals a person possesses prior to July 1, 2012, and (ii) any additional exemptions to this article the Department deems necessary to facilitate management of native or naturalized wildlife.
29.1-585. Department to notify local officials.
The Department shall notify law enforcement officials and animal control officers of the presence in their locality of any lawfully possessed animal that is registered pursuant to subdivision 7 of § 29.1-580. The notice shall include the name of the owner of the animal, his address, and the species of the animal that is registered.
§ 29.1-586. Penalties.
Any person who violates any provision of this article is guilty of a Class 1 misdemeanor.
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RE: Virginia House Bill HB 1242
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by go_topless on January 21, 2012
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A meeting, regarding Virginia’s proposed SB 477 is set for Tuesday, at 11:00, this allows for everyone to get their animals tended to, children on the school bus, business meetings to be rescheduled, etc... Please bring your lunch or a snack as I am sure this will take some time. This is open to everyone. So if you see someone's name not on the Cc please forward this email.
There is a lot to go over including the bill Delegate Peace is presenting. Very similar but quite different then the one Senator Lucas #477. You must remember that this does not only affects us but the industry as a whole, such as private breeders and pet stores, in addition to the general public. Please invite your local pet store owners, etc.. Please take the time to invite your local Delegate and Senator, they are all in Richmond right now.
We need someone to step up to the plate as door greeters for name tags and sign in sheet. Plus we need someone for the secretary duty, any volunteers. Volunteers are needed for clean up afterward.
RSVP please to bearpathacres@aol.com, Sorry but high speed Internet is not one of those things that is available in my area, so Cc everybody at one time is impossible. We need to get an approximate head count for name tags.
Remember this is not a witch hunt, this is a meeting of the great minds of Virginia. Put your thinking cap on and leave your punching bags at home!
So mark your calenders and we will see on Tuesday at 11:00.
Discovery UMC
13000 Gayton Road
Richmond, Va. 23233
(one mile down Lauderdale from the main entrance of Short Pump Towne Center, just off I-64)
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RE: Virginia House Bill HB 1242
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by go_topless on January 22, 2012
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http://www.vaherps.com/t1019-update-sb477-meeting-other-important-info#9575
Here's some more info about Tuesday's Meeting in Richmond regarding SB477. I was asked to pass this new info along to anyone interested.
From Debbie Jeter:
I am meeting with a Democratic Stratagist today, she is going to go over everything we need to do to beat these bills. I am told we may have a special guest appearance also. I will share what I was told at Tuesday's meeting.
The 2 things that I know already:
1. You need to send hard copy letters to each Delegate and Senator, yes, 140. I guess they want us to support the postal service. I will have their address on Tuesday, if you need them.
2. They want an emergency plan. What would you do if an animal escaped? So start thing and writing it on paper.
This will probably be the last email from me until we meet on Tuesday. Today is booked with meetings and Monday is booked trying to put the meeting on paper.
So, I hope to see you all on Tuesday!
No one has stepped up to the plate to help with the administrative duties. Someone needs to speak up and help!
Have a great day!
Debbie Jeter
CEO/ Founder
Bear Path Aces
757-516-8774
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RE: Virginia House Bill HB 1242
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by go_topless on January 23, 2012
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Update!!! HB 1242 has been referred to Committee on Agriculture, Chesapeake and Natural Resources. Here is a list of who is on the committee and contact info. Please start making phone calls, sending mails, mailing letters, and blowing up fax machines in opposition to HB 1242. Be sure to call, email, and fax more than once, everyday if you can.
Delegate Beverly J. Sherwood (Chair)
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1029
Fax: (804) 698-6729
Email: DelBSherwood@house.virginia.gov
Delegate R. Lee Ware, Jr.
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1065
Fax: (804) 698-6765
Email: DelLWare@house.virginia.gov
Delegate Thomas C. Wright, Jr.
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1061
Fax: (804) 698-6761
Email: DelTWright@house.virginia.gov
Delegate Robert D. Orrock, Sr.
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1054
Fax: (804) 698-6754
Email: DelBOrrock@house.virginia.gov
Delegate Edward T. Scott (Vice Chair)
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1030
Fax: (804) 698-6730
Email: DelEScott@house.virginia.gov
Delegate Robert G. Marshall
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1013
Fax: (804) 698-6713
Email: DelBMarshall@house.virginia.gov
Delegate Charles D. Poindexter
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1009
Fax: (804) 698-6709
Email: DelCPoindexter@house.virginia.gov
Delegate Brenda L. Pogge
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1096
Fax: (804) 698-1196
Email: DelBPogge@house.virginia.gov
Delegate Barry D. Knight
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1081
Fax: (804) 698-6781
Email: DelBKnight@house.virginia.gov
Delegate James E. Edmunds, II
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1060
Fax: (804) 698-6760
Email: DelJEdmunds@house.virginia.gov
Delegate Tony O. Wilt
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1026
Fax: (804) 698-6726
Email: DelTWilt@house.virginia.gov
Delegate James W. (Will) Morefield
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1003
Fax: (804) 698-6703
Email: DelJMorefield@house.virginia.gov
Delegate Michael J. Webert
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1018
Fax: (804) 698-6718
Email: DelMWebert@house.virginia.gov
Delegate Margaret B. Ransone
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1099
Fax: (804) 786-6310
Email: DelMRansone@house.virginia.gov
Delegate C. Matthew Fariss
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1059
Fax: (804) 698-6759
Email: DelMFariss@house.virginia.gov
Delegate Kenneth R. Plum
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1036
Fax: (804) 698-6736
Email: DelKPlum@house.virginia.gov
Delegate Lynwood W. Lewis, Jr
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1000
Fax: (804) 698-6700
Email: DelLLewis@house.virginia.gov
Delegate David L. Bulova
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1037
Fax: (804) 698-6737
Email: DelDBulova@house.virginia.gov
Delegate Mark D. Sickles
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1043
Fax: (804) 698-6743
Email: DelMSickles@house.virginia.gov
Delegate David L. Englin
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1045
Fax: (804) 698-6745
Email: DelDEnglin@house.virginia.gov
Delegate Matthew James
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1080
Fax: (804) 698-6780
Email: DelMJames@house.virginia.gov
Delegate Luke E. Torian
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1052
Fax: (804) 698-6752
Email: DelLTorian@house.virginia.gov
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RE: Virginia House Bill HB 1242
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by VaWrestler on January 23, 2012
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I have a collection of about 50 snake, 35 of which are venomous. Can they just come and take all of the animals if the bill is passed? It would be years of traveling and thousands of dollars gone..I swear this country is going down faster than the titanic..
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RE: Virginia House Bill HB 1242
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by go_topless on January 23, 2012
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The provisions of § 29.1-578 shall not apply to persons who possessed such an animal prior to July 1, 2012, provided that such person:
1. Shall maintain veterinary records, acquisition papers, or other documents or records that establish that the person possessed the animal prior to July 1, 2012;
2. Shall not acquire additional such animals after July 1, 2012, whether by purchase, transfer, donation, or reproduction;
3. Shall not have been convicted of an offense involving the abuse or neglect of any animal pursuant to any federal, state, or local law;
4. Shall not have had a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any federal, state, or local agency;
5. Shall not fail to keep the animal properly confined;
6. Shall not allow members of the public any opportunity to come into physical contact with the animal;
7. Shall register with, and pay a registration fee to, the Department by July 1, 2013, and annually thereafter, indicating the number and species of such animals in his possession and showing proof of liability insurance in an amount of not less than $250,000 for property damage, bodily injury, or death caused by such animals; and
8. At least 72 hours prior to the sale or transfer of an existing dangerous wild animal, shall notify the Department, identifying the recipient of the animal. The possession, sale, transfer, and transport of the dangerous wild animal shall conform to all applicable state, local, and federal laws
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RE: Virginia House Bill HB 1242
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by go_topless on January 24, 2012
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We had a decent turn out at the Exotic Animal Keepers meeting in Richmond today with some big names in the herp community showing up. Michael Maddox of PIJAC attended the meeting and offered a wealth of great information on how to proceed with our efforts. The whole meeting was very informative and everyone had valuable input.
We need to proceed as a community and take action that will be effective in getting these proposed Bills withdrawn. The following points are listed in order of what was determined to be the most effective approach to reaching our goal.
• The number one best thing you can do is: EVERYTHING listed below.
• make an appointment with Delegate Christopher K Peace (patron who introduced HB 1242)
General Assembly Building
P.O. Box 406
Richmond, Virginia 23218
Phone: (804) 698-1097
Fax: (804) 698-6797
Email: DelCPeace@house.virginia.gov
Room Number: 527
And
Senator L. Louise Lucas (patron who introduced SB 477)
Senate of Virginia
P.O. Box 396
Richmond, VA 23218
Email: district18@senate.virginia.gov
Phone: (804) 698-7518
Fax: (804) 698-7651
Room No: 426
With a hand written letter in hand.
• Also very effective is: make an appointment to meet with each member of the committee with a hand written letter addressed to each committee member in hand. Be sure to be polite and well dressed. Even if the person you are meeting with doesn’t agree with what you have to say, be sure to stay calm and represent the herp community in a positive manner.
• Ask friends, family, and co-workers to join you and spend a few hours in Richmond and lobby against both bills. It’s best to make appointments, but if time doesn’t allow for appointments or you are not able to get an appointment with any, than stop in each office and speak with members staff. Again with letters in hand.
• Write letters (hand written letters carry the most weight) to each member on each committee, Delegate Christopher K Peace, and Senator L. Louise Lucas. Letters should be in your own words and no more than one page. Letters don’t need to be long, a short and to the point letter is fine. Be sure you check your spelling, be respectful and polite. If you are typing your letter be sure to hand sign them. Mailing and hand delivering letters will hold more weight than emailing or faxing them. Try to avoid form letters as they carry little to no weight. Using form letters as a guide to writing your letters in fine, but be sure your letter is in your own words so it appears more personal.
• Make phone calls to each member on each committee, Delegate Christopher K Peace, and Senator L. Louise Lucas.
• Petitions carry little to no weight.
Our first goal is to get Delegate Christopher K Peace, and Senator L. Louise to retract their proposed Bills before the committees meet to hear them. It is very important to set appointments and get letters out as soon as possible. If we don’t meet our first goal then the next goal is to have the proposed Bills dismissed by the committees or convince them to send the proposed Bills to scientific study (scientific study would buy us a year). To achieve this we need as many people as possible to be ready to show up at the public hearing with little notice (the hearing dates and time are only posted 24-48 hours before the hearing). We have people who are prepared to speak, but still need bodies to show our numbers as a community.
Things to keep in mind
When you meet with Senators and Delegates be prepared to include escape protocols (they what to know what we would do in the event of a escape).
Be sure to back up any claims you make with facts that you can prove.
Be professional in every possible way. We want them to view our community as professional and responsible.
Even if you don’t own any species on these proposed Bills, get involved now. Just because the species you keep isn’t on the proposed Bills now, doesn’t mean they can’t be added if these Bills get passed. Many other states passed bans that only started with a few species, but now are adding new species every year.
When communicating (in letters or person) with the Senators and Delegates about these proposed Bills, let them know that you opposed to the proposed Bills as they are written, but would be open to a reasonable permit process. This shows we as a community are responsible, reasonable and willing to work on a solution.
Lastly we all need to come together as a community and support each other. Don’t set back and hope everyone else will fight this. We all need to do our part.
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RE: Virginia House Bill HB 1242
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by go_topless on January 27, 2012
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HB 1242 has been assigned to a sub-committee (agriculture).
Delegate Daniel W. Marshall, III (Chairman)
General Assembly Building, Room 702
Capitol Square
Richmond, Virginia 23219
(804) 698-1014
email: DelDMarshall@house.virginia.gov
Delegate Robert D. Orrock, Sr.
General Assembly Building, Room 411
Capitol Square
Richmond, Virginia 23219
(804) 698-1054
email: DelBOrrock@house.virginia.gov
Delegate Charles D. Poindexter
General Assembly Building, Room 807
Capitol Square
Richmond, Virginia 23219
(804) 698-1009
email: DelCPoindexter@house.virginia.gov
Delegate Barry D. Knight
General Assembly Building, Room 417
Capitol Square
Richmond, Virginia 23219
(804) 698-1081
email: DelBKnight@house.virginia.gov
Delegate James W. Morefield
General Assembly Building, Room 714
Capitol Square
Richmond, Virginia 23219
(804) 698-1003
email: DelJMorefield@house.virginia.gov
Delegate Matthew James
General Assembly Building, Room 814
Capitol Square
Richmond, Virginia 23219
(804) 698-1080
email: DelMJames@house.virginia.gov
Delegate Mark D. Sickles
General Assembly Building, Room 703
Capitol Square
Richmond, Virginia 23219
(804) 698-1043
email: DelMSickles@house.virginia.gov
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