FW: IMPORTANT UPDATES AS OF 5/21/09! Great News in the Fight Against Dog Auctions and Puppy Mills! - PERMISSION TO CROSSPOST!
Dear Companion Pet Lovers ~
I wanted to share with you some important updates on efforts taking place across our country to raise awareness of puppy mills, dog auctions, pet stores and the entities that support and keep them in business. To learn more about campaigns taking place in Ohio, we invite you to speak with supporters from BanOhioDogAuctions.com and HSUS State Director Dean Vickers during this Saturday's 2009 Pet Promise Rescue Run and the June 6, 2009 2009 Alum Creek Dog Park Pup-A-Palooza fundraisers benefiting our companion animal community.
1. CALIFORNIA. On May 14, Assembly member Pedro Nava's AB 241, the Responsible Breeder Act, passed out of the Assembly Appropriations Committee and will soon be moving to the Assembly Floor today. Should the proposed legislation pass the Assembly, the bill will move to the Senate committees.
The goal of AB 241 is to help stop cruel overcrowding and animal mistreatment in commercial breeding kennels. If passed, the proposed legislation will limit the number of intact cats or dogs a seller can maintain to 50. This bill does not impact animal shelters, research facilities, pet stores, veterinarians, groomers or boarding facilities.
2. COLORADO. Legislation introduced on January 21 in Colorado that would have limited the number of dogs breeders could keep and mandate veterinary certification exams for commercially bred dogs has been set aside indefinitely. The Colorado House Agriculture Committee voted on January 28 to table H.B. 1172, and no further hearings are scheduled at this time. The puppy mill bill, if passed in its proposed form, would:
ü Limit the number of adult, unaltered dogs a breeder can maintain
ü Mandate annual veterinary exams
ü Prohibit individuals convicted of animal cruelty of obtaining a breeder license
3. CONNECTICUT. On April 21, S.B. 499 overwhelmingly passed in the Judiciary Committee. The proposed bill will provide pet owners double their money back from stores that sell them puppies, kittens and other animals with chronic disease or disabilities. It will also prohibit sales of animals from unlicensed facilities and require brokers to list each breeder's name and/or USDA number on all health certificates.
Groups such as the Westport Coalition Against Puppy Mills, whose members include G. Kenneth Bernhard, a lawyer and former state representative from Westport, believe that wronged pet owners need more recourse. Bernhard said that coalition members reviewing records, traced many puppies for sale in Connecticut pet stores to so-called puppy mills in Pennsylvania and points west. "Some had some horrific violations," Bernhard said, adding that owners have been stuck with huge veterinary bills.
For more information, we invite you to view the article, "Pet 'Lemon Law' unleashed at hearing".
4. IDAHO. On February 17, announcement was made that an animal cruelty bill that teamed the agricultural community and a local animal welfare group together is dead for the 2009 session because of infighting between two animal welfare groups.
For more information, we invite you to view the article, "Animal Cruelty bill fails to enter legislature".
5. ILLINOIS. Senate Joint Resolution 56, which would establish a 15-member Task Force to recommend legislation to address commercial breeding, passed the Illinois State Senate handily last week and has been sent to the House.
The Task Force would consist of four members appointed by House and Senate leadership, a representative of the Department of Agriculture, five members of national animal welfare organizations (most of these will be from animal rescue groups or animal sheltering organizations and a representative of veterinarians (the only qualified and fair appointment of the group). The Task Force would also include four more appointees that represent dog breeders (one small breeder, one commercial breeder, one pet store representative and one for sporting dogs).
Due to pressure from the Illinois Veterinary Medical Association, the American Kennel Club and commercial breeders in Illinois, H.B. 198/S.B. 53 was not brought forward for a vote in the Business and Occupational License Committee. Named after a sole survivor of a puppy mill in Downstate Macon County, H.B. 198 was expected to have a positive impact on ending puppy mills in Illinois. The legislation, if passed in its proposed form, would:
ü Create a Dog Breeder License Act, which would prevent breeders from having more than 20 unaltered dogs.
ü Prohibit individuals from obtaining a dog-breeding license if they have been convicted of a felony animal-cruelty crime, including dog fighting.
ü Require dog breeders to keep dogs in buildings without wire flooring and with sufficient heating, cooling and ventilation.
ü Require pet stores and breeders to provide potential pet buyers with the dog's full medical history, information of spaying and neutering and information about any prior medical care.
ü Establish penalties starting with fines and escalating to having animals seized and breeding operations shut down.
6. INDIANA. LEGISLATION PASSED! HB 1468 (Tiko and Daisy's Bill) passed the final committee on April 29 and has been signed into law by the Governor on May 7! The animal cruelty/neglect portion of the bill is indeed a significant victory for Indiana's animals!
Here are a few points from the bill (which will become effective 7/1/09) related to commercial dog breeders; A commercial dog breeder:
ü May not house a dog in a cage containing a wire floor unless the cage contains an accommodation that allows the dog to be off the wire floor;
ü Who housesa dog in a wire cage, shall house the dog in a cage that is large enough to allow for reasonable movement by the dog; and
ü Shallprovide every dog with a reasonable opportunity for exercise at least one time per day.
The bill in its entirety can be read here. INDIANA RESIDENTS: As a reminder, please start asking about your city and county ordinances. Any changes that will protect dogs must be made before the end of this year! Senator Steele's amendment to HB1468 prohibits local government from enacting ordinances more stringent than those afforded in this bill, unless they are passed before the end of December.
7. IOWA. LEGISLATION TO BE REINTRODUCED IN 2010! An attempt to crack down on puppy mills that would have allowed state officials to inspect federally licensed dog breeders failed to gain approval in the Legislature this year. But Rep. Jim Lykam, D-Davenport, one of the key sponsors of the legislation, is vowing to bring the issue before lawmakers again next year to help address the problem of dogs living in inhumane conditions.
The proposal in front of the Legislature would have let state agriculture inspectors check out Iowa facilities that hold federal licenses when they received a complaint of animal abuse or neglect. The measure failed to gain traction with lawmakers as part of a budget bill in the closing hours of 2009 session that ended April 26. Instead, lawmakers approved an interim study (which will include the Department of Agriculture, USDA and stakeholders from the breeding and humane advocacy communities) on the issue, which Lykam hopes will shed light on what's happening in Iowa.
The proposed House version - HF 30 - can be read here.
8. MAINE. HP 666, LD 964 An Act Pertaining to the Breeding and Selling of Dogs and Cats, introduced by Representative Wendy Pieh (D-Bremen) 3/10 and referred 3/12 to the Committee on Agriculture, Conservation And Forestry and sent for concurrence.
HP 666, LD 964 establishes three categories of breeding kennels:
ü A breeding kennel that maintains at least 5 but no more than 10 female dogs or cats capable of breeding is a Category 1 breeding kennel. (Fee $75)
ü A breeding kennel that maintains at least 11 but no more than 20 female dogs or cats capable of breeding is a Category 2 breeding kennel. (Fee $250)
ü A breeding kennel that maintains 21 or more female dogs or cats capable of breeding is a Category 3 breeding kennel. (Fee $500)
HP 666, LD 964 creates "conditional licensing" for new applicants until inspections are performed and the kennel passes to the satisfaction of the state inspectors. HP 666, LD 964 establishes fees for follow-up inspections following an infraction. Should two or more follow-up inspections be needed in any calendar year, the department shall charge the licensee a fee equal to 50% of the original license fee for each follow-up inspection. If documents necessary for registration of a dog or cat with a pedigree registry are not provided to the buyer within 60 days of sale, the buyer is entitled to a refund of 50% of the sale price. The proposed legislation also adds a new requirement that a veterinarian must examine animal prior to sale.
The proposed bill - HP0666, LD 964 - can be read here.
9. MARYLAND. S.B. 318 (H.B. 495), which would have addressed the commercial dog breeding industry, was given an uunfavorable report on March 2 by Judicial Proceedings and withdrawn. If passed, the proposed legislation would have prohibited a person from owning, possessing, controlling, or otherwise having custody of more than 50 breeding dogs over the age of four months at any time; established enclosure size and exercise requirements to be met by a person owning, possessing, controlling, or otherwise having custody of more than 10 breeding dogs over the age of four months; established a penalty for a violation of the Act; and exempted specified facilities from the requirements of the Act.
10. MINNESOTA. H.F. 253 was tabled in the House Agriculture Committee, so the proposed legislation will not pass this year. Learn more at Follow The Vote.
Minnesota has no state laws to regulate the dog and cat breeding industry, and Senate File 7 (Betzold) and House File 253 (Tillberry) were introduced in the Minnesota Legislature to provide such regulation.
ü S.F. No. 7, as introduced, Puppy and Kitten Mill Bill
ü H.F. No. 253, 1st Engrossment, Puppy and Kitten Mill Bill
Kathy Bauck (Pick of the Litter) Verdict: The jury found USDA licensed breeder, Kathy Jo Bauck, not guilty of two felony counts of animal abuse and guilty of four misdemeanor counts. For trial and sentencing details, and to view the undercover investigation video, we invite you to visit - > http://www.animalfolksmn.org/.
11. MISSOURI. Since taking office in January, the agriculture chief has been working to better enforce a 1992 program for protecting animals cared for by breeders. He has named a new program coordinator, asked for a re-examination of old cases, ordered a review of internal procedures, and stepped up inspections and the issuing of citations to violators. His new Operation Bark Alert allows people to report unlicensed breeders directly to him by e-mail.
For more information, we invite you to read the April 6 article, "Missouri fights reputation as 'puppy mill".
12. MONTANA. A Ballantine woman's animal cruelty case caught the attention of Montana lawmakers and has prompted several bills aimed at regulating dog breeders and animal hoarders.
In December, authorities seized 189 living dogs and numerous dead dogs from Linda Kapsa's Shady Lane Kennels, triggering an animal cruelty case that prosecutors believe was the largest seizure of animals in the state. Animal rescue officials, on the scene during the seizure, described Kapsa as an animal hoarder and said her operation could be described as a puppy mill.
Sen. Mitch Tropila (D-Great Falls) introduced a bill that would add hoarding to the state's list of animal cruelty offenses, and Rep. Dave McAlpin, D-Missoula, is introducing a bill that would require commercial breeders - those with 20 or more adult dogs - to register with the state and submit to annual surprise inspections. Registration would come with a $415 biannual fee to cover the cost of inspections.
For more information, we invite you to view the article, "Proposed legislation would place stricter regulations on breeders" .
13. NEBRASKA. Legislation introduced on February 2 in Nebraska that would have limited the number of dogs breeders could keep and mandate veterinary certification exams for commercially bred dogs has been set aside indefinitely. State Legislators are currently voting on an amended version of this proposed bill, LB241. The Appropriations Committee of the Legislature is very seriously considering cutting the funding of the Commercial Dog and Cat Program. If one inspector is removed, it is predicted there will be a discontinuation of regular inspections of commercial kennels, dealers and pet stores, animal control facilities, boarding kennels or humane societies by the State. Inspections will only be complaint driven.
Senator Ken Haar introduced LB 677, a bill that aimed to strictly regulate commercial dog breeders in Nebraska by establishing ownership limits and dog breeding restrictions. If adopted as proposed, LB 677 would have:
ü By April 1, 2010, restrict all those defined as "commercial breeders" under existing Nebraska law to owning no more than 75 dogs over the age of four months.
ü Limit the breeding of purebred dogs only to dogs between the ages of 18 months and eight years of age.
ü Mandate the implementation of kennel requirements, including but not limited to, climate conditions, enclosures, building materials, and construction.
For more information, we invite you to view the article, "Farm Bureau wary of potential pet, livestock linkage".
14. NEW YORK. NY A.B. 7285 & S.B. 5392 has been introduced to address commercial breeding in New York.
To educate citizens about the horrific abuse taking place in those "beautiful white barns", Puppymill Rescue Inc. invites animal advocates from across the country to participate in the second annual "Bark Heard around the World" to be held at the New York State Fairgrounds in Syracuse, NY from 10AM - 4PM on Sat., May 30th, 2009.
15. NORTH CAROLINA. S.B. 460 / H.B. 460 Commercial Dog Breeders; adds commercial breeder, commercial breeding operations to SECTION 1 G.S. 19A-21 as a category along with pet shops and boarding kennels for the purpose of licensing, regulation and inspection. (5a) "Commercial breeder" means any person who, during any 12-month period, maintains 15 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. (5b) "Commercial breeding operation" means the physical location or facility at which a commercial breeder breeds or maintains adult female dogs and their offspring." The proposed legislation would mandate standards for care at commercial breeding operations, including requirements for exercise, veterinary care and record keeping to be written by the NC Department of Agriculture at a later date and adds annual veterinary exam and certification for females before breeding.
For more information, we invite you to view the article, "Puppy mill bill gaining momentum".
Also, we invite you to read the April 6 news article, "Wilson County shortens leash on pet breeders" , which contains a video highlighting breeders who welcome the new regulations.
16. OHIO. A puppy mill bill (S.B. 95) was introduced in April by Senators Jim Hughes and Gary Cates.
Representative Cheryl Grossman is continuing to meet with key stakeholders to introduce a commercial breeding bill that will (among many provisions to address breeding kennels in Ohio) establish reasonable and enforceable shelter standards and veterinarian care. Their intentions are to craft language which is very similar to S.B. 5651 recently passed in the state of Washington and H.B. 1468 recently passed in the state of Indiana. Given that this proposed legislation will rely on local enforcement with state oversight (requiring little to no additional fiscal resources from the state), we are confident the proposed legislation will please all interested parties.
OHIO DOG AUCTIONS. Our second meeting on April 27 with various stakeholders from both the humane advocacy and breeding communities was again very productive. A key component of this meeting included a review of Pennsylvania' s Statute 459-603 (which bans public dog auctions in the Commonwealth) and our team's intentions to launch a ballot measure campaign addressing this very important issue for Ohio voters. Efforts to secure 1,000 signatures supporting our 'Ohio Dog Auctions Act' (Initiative Petition to be Submitted to the Ohio General Assembly) will be taking place during this Saturday's 2009 Pet Promise Rescue Run and the June 6, 2009 2009 Alum Creek Dog Park Pup-A-Palooza fundraisers.
17. OKLAHOMA. The Oklahoma Pet Quality Assurance and Protection Act, H.B. 1332, passed the House committee vote on March 4 with a wide margin of 74 to 26 in favor of the bill, as well as the Senate Appropriations Committee on April 21 by a margin of 30 to 16, but the title is off the bill (bill will not go directly to the Governor to be signed). Unfortunately, opposition from stakeholders tied to the breeding community prevented H.B. 1332 from getting the signatures needed on May 18 to move the bill to a vote in the appropriations conference committee, and the bill is dead for 2009 (despite being passed overwhelmingly by both houses earlier this session).
The proposed legislation would have mandated USDA standards as a minimum for all facilities selling, trading or adopting out over 25 dogs, cats, kittens or puppies in a year.
18. OREGON. The Oregon legislature is considering a bill, H. B. 2470, to provide protection for breeding dogs in commercial kennels. The first hearings on the bill were held February 23 by the House Committee on Consumer Protection.
In addition to mandating minimum living conditions, the bill restricts the size of commercial breeding kennels to a maximum of 25 unaltered dogs four months or older. It also protects consumers with a tracking system which give buyers of sick or deformed animals a way to recover damages if the seller did not disclose congenital defects at the time of purchase.
The proposed House version - H.B. 2470 - can be read here.
For more details concerning this legislation, we invite you to read the article, "Oregon puppy mill hearing draws huge crowd".
19. PENNSYLVANIA. With a vote of 192 for and 0 against, House Bill 39, amending Pennsylvania's Crimes Code for animal cruelty and introduced by Representative Tom Caltagirone(D-Berks), passed in session. The bill is currently pending in the Senate Agricultural and Rural Affairs Committee.
The proposed legislation will impose criminal penalties for specific medical procedures if not performed by a licensed veterinarian including debarking, c-section births and tail docking. The act of ear cropping by anyone other than a vet is already prohibited in Pennsylvania.
20. TENNESSEE. On April 7, the Commercial Breeder Act HB386/SB258 passed through Civil Practice sub-committee with Representative Vance Dennis (R-71 Hardin, McNairy, parts of Decatur Co) casting the only no vote. A hearing in the Senate Commerce was scheduled to take place on Tues. April 21, at 1:00 pm and House Judiciary on Wed. April 22, at 8:30 am. (Waiting for confirmation of the outcome of those hearings.)
S.B. 258, sponsored by Sen. Doug Jackson (D-25), and H.B. 386, sponsored by Rep. Janis Baird Sontany (D-53), places breeding of purebred dogs under criminal animal cruelty statutes. The bills classify a Commercial breeder as any person who possesses or maintains twenty (20) or more adult female dogs in whole or in part for the purpose of the sale of their offspring as companion animals. If even one litter of puppies is produced, a commercial breeder licensing would be required. Ownership of 75 is the absolute limit. Background checks will be required for applicants, and the state will determine if the applicant is of good moral character and deserving of the license.
For more information, we invite you to view the article, "Senator Hopes Legislation Ends Puppy Mills".
Also, H.B. 1433 (Sontany)/S.B. 1322 (Berke) would prohibit public animal sales (parking lots and roadside sales) and provide restrictions on companion animals sold at flea markets. The proposed legislation would also prohibit the use of any live animal as a prize in a contest, raffle, or promotion.
21. TEXAS. On April 1, H.B. 3180 passed the Texas House and is now in the Senate Criminal Justice Committee (hearing to be scheduled very soon). The bill will provide for the licensing and regulation of commercial dog and cat breeders and the retail sale of dogs and cats.
If passed in its proposed form, a commercial breeder will be defined under this legislation as a person having eleven or more breeding female dogs or cats, and will include the following:
ü The bill designates the Texas Department of Licensing and Regulation (TDLR) as the regulatory agency to administer the licensing and regulation of commercial breeders.
ü The initial license fee and subsequent license fees will be established by TDLR to cover the cost of their administration and enforcement of the statute. A commercial breeder's license will not be transferable and will be valid for one year. A license holder will be subject to inspections and will be required to file annual reports regarding its operations for the past year.
ü TDLR will establish standards of care and confinement which must be followed by a license holder and will include rules for proper feeding, watering, housing, care (including veterinary care), grooming, treatment, transportation and disposition of dogs and cats to ensure the overall health and welfare of each animal in the facility.
ü The bill also includes protection for consumers. All retail sales of dogs and cats will require the seller to furnish the buyer with information about the breed, age and health of the animal, along with a statement of the buyer's rights. Buyers will have the right to obtain reimbursement for veterinary expenses and/or the value of the animal if the animal becomes sick or dies within twenty days after the animal is purchased.
ü Criminal and civil penalties can be imposed for violation of the statute or any rules adopted thereunder.
For more details concerning this legislation, we invite you to read the article, "Legislation to Clean up Texas Puppy Mill Industry Heads to Senate".
22. WASHINGTON. LEGISLATION PASSED! In the wake of the recent seizures of hundreds of sick or neglected dogs from alleged puppy mill operations in Skagit and Snohomish counties, state lawmakers passed a bill on April 22 that will regulate breeders who own a large number of dogs. The new legislation will provide "humanitarian requirements for certain dog breeding practices" by limiting breeders to keeping a maximum of 25 dogs at any one location and also by setting strict guidelines for the housing and care of the animals.
For more details concerning this legislation, we invite you to read the article, "Thwarting inhumane dog breeders".
23. WISCONSIN. On April 8, Representative Jeff Smith and Senator Pat Kreitlow announced their long-awaited joint House / Senate bill to provide for licensing and inspection of breeders and sellers and help to protect dogs by setting standards for their care. AB-250 (formerly LRB 2448/2), the Commercial Dog Breeders Licensure Bill, is the culmination of a year's effort by the legislators and a working group comprised of all stake-holders: humane organizations and rescues, hobby breeders, commercial breeders and sellers, DATCP, and veterinarians. 71 of 132 Wisconsin lawmakers have already supported the bill by their co-sponsorship.
If you haven't done so already, we invite you to read the following article, "Rescue Me", in the March 6, 2009 issue of The Isthmus regarding the growing problem of commercial breeding kennels in Wisconsin. Your feedback to the reporter is encouraged and welcomed!
Also, don't forget that the next scheduled Ohio Dog Auction ("Back to the Kennel" sale) is expected to take place on Saturday, May 30, 2009. Additional details regarding this event (as they become available) will be posted to the Home page of http://www.banohiodogauctions.com/. (A special THANKS to those of you who supported the peaceful rally against this past Saturday's Dog Auction in Farmerstown!)
Let's hope these small but important steps will help set the tone as a model for other states, causing a ripple effect of positive change benefiting companion animals.
I wanted to share with you some important updates on efforts taking place across our country to raise awareness of puppy mills, dog auctions, pet stores and the entities that support and keep them in business. To learn more about campaigns taking place in Ohio, we invite you to speak with supporters from BanOhioDogAuctions.com and HSUS State Director Dean Vickers during this Saturday's 2009 Pet Promise Rescue Run and the June 6, 2009 2009 Alum Creek Dog Park Pup-A-Palooza fundraisers benefiting our companion animal community.
1. CALIFORNIA. On May 14, Assembly member Pedro Nava's AB 241, the Responsible Breeder Act, passed out of the Assembly Appropriations Committee and will soon be moving to the Assembly Floor today. Should the proposed legislation pass the Assembly, the bill will move to the Senate committees.
The goal of AB 241 is to help stop cruel overcrowding and animal mistreatment in commercial breeding kennels. If passed, the proposed legislation will limit the number of intact cats or dogs a seller can maintain to 50. This bill does not impact animal shelters, research facilities, pet stores, veterinarians, groomers or boarding facilities.
2. COLORADO. Legislation introduced on January 21 in Colorado that would have limited the number of dogs breeders could keep and mandate veterinary certification exams for commercially bred dogs has been set aside indefinitely. The Colorado House Agriculture Committee voted on January 28 to table H.B. 1172, and no further hearings are scheduled at this time. The puppy mill bill, if passed in its proposed form, would:
ü Limit the number of adult, unaltered dogs a breeder can maintain
ü Mandate annual veterinary exams
ü Prohibit individuals convicted of animal cruelty of obtaining a breeder license
3. CONNECTICUT. On April 21, S.B. 499 overwhelmingly passed in the Judiciary Committee. The proposed bill will provide pet owners double their money back from stores that sell them puppies, kittens and other animals with chronic disease or disabilities. It will also prohibit sales of animals from unlicensed facilities and require brokers to list each breeder's name and/or USDA number on all health certificates.
Groups such as the Westport Coalition Against Puppy Mills, whose members include G. Kenneth Bernhard, a lawyer and former state representative from Westport, believe that wronged pet owners need more recourse. Bernhard said that coalition members reviewing records, traced many puppies for sale in Connecticut pet stores to so-called puppy mills in Pennsylvania and points west. "Some had some horrific violations," Bernhard said, adding that owners have been stuck with huge veterinary bills.
For more information, we invite you to view the article, "Pet 'Lemon Law' unleashed at hearing".
4. IDAHO. On February 17, announcement was made that an animal cruelty bill that teamed the agricultural community and a local animal welfare group together is dead for the 2009 session because of infighting between two animal welfare groups.
For more information, we invite you to view the article, "Animal Cruelty bill fails to enter legislature".
5. ILLINOIS. Senate Joint Resolution 56, which would establish a 15-member Task Force to recommend legislation to address commercial breeding, passed the Illinois State Senate handily last week and has been sent to the House.
The Task Force would consist of four members appointed by House and Senate leadership, a representative of the Department of Agriculture, five members of national animal welfare organizations (most of these will be from animal rescue groups or animal sheltering organizations and a representative of veterinarians (the only qualified and fair appointment of the group). The Task Force would also include four more appointees that represent dog breeders (one small breeder, one commercial breeder, one pet store representative and one for sporting dogs).
Due to pressure from the Illinois Veterinary Medical Association, the American Kennel Club and commercial breeders in Illinois, H.B. 198/S.B. 53 was not brought forward for a vote in the Business and Occupational License Committee. Named after a sole survivor of a puppy mill in Downstate Macon County, H.B. 198 was expected to have a positive impact on ending puppy mills in Illinois. The legislation, if passed in its proposed form, would:
ü Create a Dog Breeder License Act, which would prevent breeders from having more than 20 unaltered dogs.
ü Prohibit individuals from obtaining a dog-breeding license if they have been convicted of a felony animal-cruelty crime, including dog fighting.
ü Require dog breeders to keep dogs in buildings without wire flooring and with sufficient heating, cooling and ventilation.
ü Require pet stores and breeders to provide potential pet buyers with the dog's full medical history, information of spaying and neutering and information about any prior medical care.
ü Establish penalties starting with fines and escalating to having animals seized and breeding operations shut down.
6. INDIANA. LEGISLATION PASSED! HB 1468 (Tiko and Daisy's Bill) passed the final committee on April 29 and has been signed into law by the Governor on May 7! The animal cruelty/neglect portion of the bill is indeed a significant victory for Indiana's animals!
Here are a few points from the bill (which will become effective 7/1/09) related to commercial dog breeders; A commercial dog breeder:
ü May not house a dog in a cage containing a wire floor unless the cage contains an accommodation that allows the dog to be off the wire floor;
ü Who housesa dog in a wire cage, shall house the dog in a cage that is large enough to allow for reasonable movement by the dog; and
ü Shallprovide every dog with a reasonable opportunity for exercise at least one time per day.
The bill in its entirety can be read here. INDIANA RESIDENTS: As a reminder, please start asking about your city and county ordinances. Any changes that will protect dogs must be made before the end of this year! Senator Steele's amendment to HB1468 prohibits local government from enacting ordinances more stringent than those afforded in this bill, unless they are passed before the end of December.
7. IOWA. LEGISLATION TO BE REINTRODUCED IN 2010! An attempt to crack down on puppy mills that would have allowed state officials to inspect federally licensed dog breeders failed to gain approval in the Legislature this year. But Rep. Jim Lykam, D-Davenport, one of the key sponsors of the legislation, is vowing to bring the issue before lawmakers again next year to help address the problem of dogs living in inhumane conditions.
The proposal in front of the Legislature would have let state agriculture inspectors check out Iowa facilities that hold federal licenses when they received a complaint of animal abuse or neglect. The measure failed to gain traction with lawmakers as part of a budget bill in the closing hours of 2009 session that ended April 26. Instead, lawmakers approved an interim study (which will include the Department of Agriculture, USDA and stakeholders from the breeding and humane advocacy communities) on the issue, which Lykam hopes will shed light on what's happening in Iowa.
The proposed House version - HF 30 - can be read here.
8. MAINE. HP 666, LD 964 An Act Pertaining to the Breeding and Selling of Dogs and Cats, introduced by Representative Wendy Pieh (D-Bremen) 3/10 and referred 3/12 to the Committee on Agriculture, Conservation And Forestry and sent for concurrence.
HP 666, LD 964 establishes three categories of breeding kennels:
ü A breeding kennel that maintains at least 5 but no more than 10 female dogs or cats capable of breeding is a Category 1 breeding kennel. (Fee $75)
ü A breeding kennel that maintains at least 11 but no more than 20 female dogs or cats capable of breeding is a Category 2 breeding kennel. (Fee $250)
ü A breeding kennel that maintains 21 or more female dogs or cats capable of breeding is a Category 3 breeding kennel. (Fee $500)
HP 666, LD 964 creates "conditional licensing" for new applicants until inspections are performed and the kennel passes to the satisfaction of the state inspectors. HP 666, LD 964 establishes fees for follow-up inspections following an infraction. Should two or more follow-up inspections be needed in any calendar year, the department shall charge the licensee a fee equal to 50% of the original license fee for each follow-up inspection. If documents necessary for registration of a dog or cat with a pedigree registry are not provided to the buyer within 60 days of sale, the buyer is entitled to a refund of 50% of the sale price. The proposed legislation also adds a new requirement that a veterinarian must examine animal prior to sale.
The proposed bill - HP0666, LD 964 - can be read here.
9. MARYLAND. S.B. 318 (H.B. 495), which would have addressed the commercial dog breeding industry, was given an uunfavorable report on March 2 by Judicial Proceedings and withdrawn. If passed, the proposed legislation would have prohibited a person from owning, possessing, controlling, or otherwise having custody of more than 50 breeding dogs over the age of four months at any time; established enclosure size and exercise requirements to be met by a person owning, possessing, controlling, or otherwise having custody of more than 10 breeding dogs over the age of four months; established a penalty for a violation of the Act; and exempted specified facilities from the requirements of the Act.
10. MINNESOTA. H.F. 253 was tabled in the House Agriculture Committee, so the proposed legislation will not pass this year. Learn more at Follow The Vote.
Minnesota has no state laws to regulate the dog and cat breeding industry, and Senate File 7 (Betzold) and House File 253 (Tillberry) were introduced in the Minnesota Legislature to provide such regulation.
ü S.F. No. 7, as introduced, Puppy and Kitten Mill Bill
ü H.F. No. 253, 1st Engrossment, Puppy and Kitten Mill Bill
Kathy Bauck (Pick of the Litter) Verdict: The jury found USDA licensed breeder, Kathy Jo Bauck, not guilty of two felony counts of animal abuse and guilty of four misdemeanor counts. For trial and sentencing details, and to view the undercover investigation video, we invite you to visit - > http://www.animalfolksmn.org/.
11. MISSOURI. Since taking office in January, the agriculture chief has been working to better enforce a 1992 program for protecting animals cared for by breeders. He has named a new program coordinator, asked for a re-examination of old cases, ordered a review of internal procedures, and stepped up inspections and the issuing of citations to violators. His new Operation Bark Alert allows people to report unlicensed breeders directly to him by e-mail.
For more information, we invite you to read the April 6 article, "Missouri fights reputation as 'puppy mill".
12. MONTANA. A Ballantine woman's animal cruelty case caught the attention of Montana lawmakers and has prompted several bills aimed at regulating dog breeders and animal hoarders.
In December, authorities seized 189 living dogs and numerous dead dogs from Linda Kapsa's Shady Lane Kennels, triggering an animal cruelty case that prosecutors believe was the largest seizure of animals in the state. Animal rescue officials, on the scene during the seizure, described Kapsa as an animal hoarder and said her operation could be described as a puppy mill.
Sen. Mitch Tropila (D-Great Falls) introduced a bill that would add hoarding to the state's list of animal cruelty offenses, and Rep. Dave McAlpin, D-Missoula, is introducing a bill that would require commercial breeders - those with 20 or more adult dogs - to register with the state and submit to annual surprise inspections. Registration would come with a $415 biannual fee to cover the cost of inspections.
For more information, we invite you to view the article, "Proposed legislation would place stricter regulations on breeders" .
13. NEBRASKA. Legislation introduced on February 2 in Nebraska that would have limited the number of dogs breeders could keep and mandate veterinary certification exams for commercially bred dogs has been set aside indefinitely. State Legislators are currently voting on an amended version of this proposed bill, LB241. The Appropriations Committee of the Legislature is very seriously considering cutting the funding of the Commercial Dog and Cat Program. If one inspector is removed, it is predicted there will be a discontinuation of regular inspections of commercial kennels, dealers and pet stores, animal control facilities, boarding kennels or humane societies by the State. Inspections will only be complaint driven.
Senator Ken Haar introduced LB 677, a bill that aimed to strictly regulate commercial dog breeders in Nebraska by establishing ownership limits and dog breeding restrictions. If adopted as proposed, LB 677 would have:
ü By April 1, 2010, restrict all those defined as "commercial breeders" under existing Nebraska law to owning no more than 75 dogs over the age of four months.
ü Limit the breeding of purebred dogs only to dogs between the ages of 18 months and eight years of age.
ü Mandate the implementation of kennel requirements, including but not limited to, climate conditions, enclosures, building materials, and construction.
For more information, we invite you to view the article, "Farm Bureau wary of potential pet, livestock linkage".
14. NEW YORK. NY A.B. 7285 & S.B. 5392 has been introduced to address commercial breeding in New York.
To educate citizens about the horrific abuse taking place in those "beautiful white barns", Puppymill Rescue Inc. invites animal advocates from across the country to participate in the second annual "Bark Heard around the World" to be held at the New York State Fairgrounds in Syracuse, NY from 10AM - 4PM on Sat., May 30th, 2009.
15. NORTH CAROLINA. S.B. 460 / H.B. 460 Commercial Dog Breeders; adds commercial breeder, commercial breeding operations to SECTION 1 G.S. 19A-21 as a category along with pet shops and boarding kennels for the purpose of licensing, regulation and inspection. (5a) "Commercial breeder" means any person who, during any 12-month period, maintains 15 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. (5b) "Commercial breeding operation" means the physical location or facility at which a commercial breeder breeds or maintains adult female dogs and their offspring." The proposed legislation would mandate standards for care at commercial breeding operations, including requirements for exercise, veterinary care and record keeping to be written by the NC Department of Agriculture at a later date and adds annual veterinary exam and certification for females before breeding.
For more information, we invite you to view the article, "Puppy mill bill gaining momentum".
Also, we invite you to read the April 6 news article, "Wilson County shortens leash on pet breeders" , which contains a video highlighting breeders who welcome the new regulations.
16. OHIO. A puppy mill bill (S.B. 95) was introduced in April by Senators Jim Hughes and Gary Cates.
Representative Cheryl Grossman is continuing to meet with key stakeholders to introduce a commercial breeding bill that will (among many provisions to address breeding kennels in Ohio) establish reasonable and enforceable shelter standards and veterinarian care. Their intentions are to craft language which is very similar to S.B. 5651 recently passed in the state of Washington and H.B. 1468 recently passed in the state of Indiana. Given that this proposed legislation will rely on local enforcement with state oversight (requiring little to no additional fiscal resources from the state), we are confident the proposed legislation will please all interested parties.
OHIO DOG AUCTIONS. Our second meeting on April 27 with various stakeholders from both the humane advocacy and breeding communities was again very productive. A key component of this meeting included a review of Pennsylvania' s Statute 459-603 (which bans public dog auctions in the Commonwealth) and our team's intentions to launch a ballot measure campaign addressing this very important issue for Ohio voters. Efforts to secure 1,000 signatures supporting our 'Ohio Dog Auctions Act' (Initiative Petition to be Submitted to the Ohio General Assembly) will be taking place during this Saturday's 2009 Pet Promise Rescue Run and the June 6, 2009 2009 Alum Creek Dog Park Pup-A-Palooza fundraisers.
17. OKLAHOMA. The Oklahoma Pet Quality Assurance and Protection Act, H.B. 1332, passed the House committee vote on March 4 with a wide margin of 74 to 26 in favor of the bill, as well as the Senate Appropriations Committee on April 21 by a margin of 30 to 16, but the title is off the bill (bill will not go directly to the Governor to be signed). Unfortunately, opposition from stakeholders tied to the breeding community prevented H.B. 1332 from getting the signatures needed on May 18 to move the bill to a vote in the appropriations conference committee, and the bill is dead for 2009 (despite being passed overwhelmingly by both houses earlier this session).
The proposed legislation would have mandated USDA standards as a minimum for all facilities selling, trading or adopting out over 25 dogs, cats, kittens or puppies in a year.
18. OREGON. The Oregon legislature is considering a bill, H. B. 2470, to provide protection for breeding dogs in commercial kennels. The first hearings on the bill were held February 23 by the House Committee on Consumer Protection.
In addition to mandating minimum living conditions, the bill restricts the size of commercial breeding kennels to a maximum of 25 unaltered dogs four months or older. It also protects consumers with a tracking system which give buyers of sick or deformed animals a way to recover damages if the seller did not disclose congenital defects at the time of purchase.
The proposed House version - H.B. 2470 - can be read here.
For more details concerning this legislation, we invite you to read the article, "Oregon puppy mill hearing draws huge crowd".
19. PENNSYLVANIA. With a vote of 192 for and 0 against, House Bill 39, amending Pennsylvania's Crimes Code for animal cruelty and introduced by Representative Tom Caltagirone(D-Berks), passed in session. The bill is currently pending in the Senate Agricultural and Rural Affairs Committee.
The proposed legislation will impose criminal penalties for specific medical procedures if not performed by a licensed veterinarian including debarking, c-section births and tail docking. The act of ear cropping by anyone other than a vet is already prohibited in Pennsylvania.
20. TENNESSEE. On April 7, the Commercial Breeder Act HB386/SB258 passed through Civil Practice sub-committee with Representative Vance Dennis (R-71 Hardin, McNairy, parts of Decatur Co) casting the only no vote. A hearing in the Senate Commerce was scheduled to take place on Tues. April 21, at 1:00 pm and House Judiciary on Wed. April 22, at 8:30 am. (Waiting for confirmation of the outcome of those hearings.)
S.B. 258, sponsored by Sen. Doug Jackson (D-25), and H.B. 386, sponsored by Rep. Janis Baird Sontany (D-53), places breeding of purebred dogs under criminal animal cruelty statutes. The bills classify a Commercial breeder as any person who possesses or maintains twenty (20) or more adult female dogs in whole or in part for the purpose of the sale of their offspring as companion animals. If even one litter of puppies is produced, a commercial breeder licensing would be required. Ownership of 75 is the absolute limit. Background checks will be required for applicants, and the state will determine if the applicant is of good moral character and deserving of the license.
For more information, we invite you to view the article, "Senator Hopes Legislation Ends Puppy Mills".
Also, H.B. 1433 (Sontany)/S.B. 1322 (Berke) would prohibit public animal sales (parking lots and roadside sales) and provide restrictions on companion animals sold at flea markets. The proposed legislation would also prohibit the use of any live animal as a prize in a contest, raffle, or promotion.
21. TEXAS. On April 1, H.B. 3180 passed the Texas House and is now in the Senate Criminal Justice Committee (hearing to be scheduled very soon). The bill will provide for the licensing and regulation of commercial dog and cat breeders and the retail sale of dogs and cats.
If passed in its proposed form, a commercial breeder will be defined under this legislation as a person having eleven or more breeding female dogs or cats, and will include the following:
ü The bill designates the Texas Department of Licensing and Regulation (TDLR) as the regulatory agency to administer the licensing and regulation of commercial breeders.
ü The initial license fee and subsequent license fees will be established by TDLR to cover the cost of their administration and enforcement of the statute. A commercial breeder's license will not be transferable and will be valid for one year. A license holder will be subject to inspections and will be required to file annual reports regarding its operations for the past year.
ü TDLR will establish standards of care and confinement which must be followed by a license holder and will include rules for proper feeding, watering, housing, care (including veterinary care), grooming, treatment, transportation and disposition of dogs and cats to ensure the overall health and welfare of each animal in the facility.
ü The bill also includes protection for consumers. All retail sales of dogs and cats will require the seller to furnish the buyer with information about the breed, age and health of the animal, along with a statement of the buyer's rights. Buyers will have the right to obtain reimbursement for veterinary expenses and/or the value of the animal if the animal becomes sick or dies within twenty days after the animal is purchased.
ü Criminal and civil penalties can be imposed for violation of the statute or any rules adopted thereunder.
For more details concerning this legislation, we invite you to read the article, "Legislation to Clean up Texas Puppy Mill Industry Heads to Senate".
22. WASHINGTON. LEGISLATION PASSED! In the wake of the recent seizures of hundreds of sick or neglected dogs from alleged puppy mill operations in Skagit and Snohomish counties, state lawmakers passed a bill on April 22 that will regulate breeders who own a large number of dogs. The new legislation will provide "humanitarian requirements for certain dog breeding practices" by limiting breeders to keeping a maximum of 25 dogs at any one location and also by setting strict guidelines for the housing and care of the animals.
For more details concerning this legislation, we invite you to read the article, "Thwarting inhumane dog breeders".
23. WISCONSIN. On April 8, Representative Jeff Smith and Senator Pat Kreitlow announced their long-awaited joint House / Senate bill to provide for licensing and inspection of breeders and sellers and help to protect dogs by setting standards for their care. AB-250 (formerly LRB 2448/2), the Commercial Dog Breeders Licensure Bill, is the culmination of a year's effort by the legislators and a working group comprised of all stake-holders: humane organizations and rescues, hobby breeders, commercial breeders and sellers, DATCP, and veterinarians. 71 of 132 Wisconsin lawmakers have already supported the bill by their co-sponsorship.
If you haven't done so already, we invite you to read the following article, "Rescue Me", in the March 6, 2009 issue of The Isthmus regarding the growing problem of commercial breeding kennels in Wisconsin. Your feedback to the reporter is encouraged and welcomed!
Also, don't forget that the next scheduled Ohio Dog Auction ("Back to the Kennel" sale) is expected to take place on Saturday, May 30, 2009. Additional details regarding this event (as they become available) will be posted to the Home page of http://www.banohiodogauctions.com/. (A special THANKS to those of you who supported the peaceful rally against this past Saturday's Dog Auction in Farmerstown!)
Let's hope these small but important steps will help set the tone as a model for other states, causing a ripple effect of positive change benefiting companion animals.
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