Fwd: IMPORTANT UPDATES AS OF 6/9/09! Great News in the Fight Against Dog Auctions and Puppy Mills! - PERMISSION TO CROSSPOST!

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Mary O'Connor-Shaver <mshaver_0462

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Tue, 9 Jun 2009 7:49 am

IMPORTANT UPDATES AS OF 6/9/09! 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.

 

SPECIAL UPDATE! This past Saturday's Pet Expo 2009 in Akron and 2009 Alum Creek Dog Park Pup-A-Palooza were incredibly successful for our Petition Initiative to secure over 1,200 signatures from registered voters in Ohio! The outpouring of support was amazing! We had multiple animal rescues, humane societies and pet related vendors soliciting signatures at their booths, and it was great to see how many concerned citizens came (and are still coming) together to help create much needed change benefiting breeding dogs in Ohio. Although we had a goal of

June 6 to collect 1,200 signatures, we won't officially present the Petition to the Ohio Attorney General until June 15, so we will continue accepting additional signed Petitions up through June 13.

 

Because we were successful in reaching this significant milestone in this campaign, reporter Kathy Gray with The Columbus Dispatch will be publishing a follow-up article to reporter Holly Zachariah's story,"Animal advocates may push for a ban on dog auctions" in tomorrow's edition.

 

 

 

1. CALIFORNIA. LEGISLATION MOVING TO THE FULL ASSEMBLY FOR A VOTE! On June 2, Assembly member Pedro Nava's AB 241, the Responsible Breeder Act, passed the Senate and will now move to the full Assembly.

 

 

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. LEGISLATION PASSED! On June 3, S.B. 499 overwhelmingly passed in the General Assembly and is awaiting the Governor's signature. 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. LEGISLATION PASSED! Senate Joint Resolution 56, which will establish a 15-member Task Force to recommend legislation to address commercial breeding, passed the Illinois State House and is now on

its way to Gov. Quinn for his signature. 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 articles, "Wilson County shortens leash on pet breeders" , which contains a video highlighting breeders who welcome the new regulations, and "Special Report: Operation Rescue", which

highlights the recent hoarding case on Barbara Key Woodley's property.

 

16. OHIO. A puppy mill bill (S.B. 95) was introduced in April by Senators Jim Hughes and Gary Cates.

 

Representative Cheryl Grossman has completed her meetings 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. As expected, the Pet Expo 2009 in Akron and the 2009 Alum Creek Dog Park Pup-A-Palooza were a HUGE success (kudos to all those volunteers)! As with the PetPromise Rescue Run, the response to our Petition Initiative drive during these fundraisers was extremely positive, and we are excited to report that we have surpassed our goal of securing the necessary 1,000

signatures to be submitted to the Ohio Attorney General! Although we had a goal of June 6 to collect 1,200 signatures, we won't officially present the Petition to the Ohio Attorney General until June 15, so we will continue accepting additional signed Petitions up through June 13. Thanks to your support, reporter Kathy Gray with The Columbus Dispatch will be publishing a follow-up article to reporter Holly Zachariah's story,"Animal advocates may push for a ban on dog auctions", in tomorrow's edition!

 

 

Click here for more information on the process by which we are required to submit this ballot initiative to the Ohio voters.

 

 

 

 

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.

 

For more information concerning the defeat of this bill, we invite you to read the editorial, "Behind the scenes: Why did lawmakers balk at protecting puppies?".

 

 

18. OREGON. LEGISLATION PASSED! On June 2, the Oregon puppy mill bill, H.B. 2470, passed the Oregon Senate by a vote of 18-10. The bill is now awaiting Governor Ted Kulongoski's signature.

 

 

 

 

HB 2470 specifies conditions under which pet dealers must provide refunds, replacement, or reimbursement if a dog is found to suffer from certain diseases or birth defects. This will offer recourse to purchasers who learn that their puppy has serious emotional or health problems. The bill also limits breeders to owning no more that 50 sexually intact dogs two years or older.

 

Besides limiting the number of dogs, the bill spells out exercise, space and cleaning requirements for pups. They can't be kept in stacked cages, and breeders must maintain health records for each dog, including the date of birth and size of litters. Pet stores must disclose information about the dog's breeder. The maximum punishment for violating the provisions is six months in jail, a $2,500 fine or both. The law goes into effect Jan. 1, 2010.

 

 

 

H.B. 2470 - can be read here. For more details concerning this legislation, we invite you to read the articles, "Oregon puppy mill hearing draws huge crowd" and "Scamps Pet Center Closed

 

19. PENNSYLVANIA. With a vote of 192 for and 0 against,

 

1 of 1 File(s)

 

 

 

 

 

BanOhioDogAuctions.pdf