Because what is taking place in Missouri could have a rippling effect across the country (Ohio included!), I felt it’s important to keep you updated on the latest animal welfare developments relating to the recent compromise between state-level animal-welfare and agriculture groups over new restrictions on the now infamous Missouri Prop B and the state’s breeding operations…
DOG BREEDING COMPROMISE IS CRUMBLING
Barely a day old, and already Gov. Jay Nixon’s compromise on the contentious push to crack down on dog breeders showed signs of fraying Tuesday.
Nixon’s administration announced this week a compromise between animal welfare advocates and dog breeders that strengthens current rules but takes out the most contentious portion of an initiative approved by voters in November.
But on Tuesday evening, more than 60 lawmakers from the House and Senate, as well as representatives of the agriculture industry, sent a letter telling Nixon they want him to sign a piece of legislation already on his desk that would roll back the proposition altogether.
Now, instead of avoiding the most acute political quandary of his career, it appears the governor could be squaring up for a fight with the Legislature over so-called “puppy mills.”
“The governor’s involvement would have been helpful had it been earlier,” said state Sen. Robert N. Mayer, R-Dexter.
It’s unclear how Nixon will approach this potential setback. The governor issued a response Tuesday saying he was “extremely encouraged that this broad coalition of legislative and industry leaders has endorsed our Missouri solution.”
Only what Nixon has previously called his “Missouri solution” was the compromise he announced on Monday – not the bill lawmakers sent to his desk earlier in the month.
The back and forth represents even more tumult in a fight that has pitted rural and urban lawmakers against one another, and thrust national animal welfare groups into the political spotlight in Missouri.
The Humane Society of the United States poured over $2 million into a successful November ballot initiative, Proposition B, that targeted the hundreds of dog breeding facilities in Missouri.
While the law takes a year to go into effect, rural legislators on both sides of the aisle – concerned that the regulations would lead to restrictions on raising farm animals – wasted no time pushing a bill to the governor’s desk that would have repealed much of the proposition.
Instead of signing or vetoing the bill, Nixon’s agricultural advisers announced a deal Monday that pleased both members of animal welfare groups and dog breeders, hammering out an accord that strengthens current rules, but takes out the ban on keeping more than 50 breeding dogs.
The compromise still must be approved by the Missouri Legislature, a task that grew tougher on Tuesday. Among those signing the letter urging Nixon to approve the bill dismantling Proposition B is House Speaker Steve Tilley, who controls the flow of legislation in the Legislature’s lower chamber.
Even so, Nixon’s compromise brought together opposing sides of the issue, which could buoy its chances of passing. The agreement was signed by the Missouri Humane Society and the Missouri Pet Breeders Association, as well as other state organizations advocating for both animal rights and the dog breeding industry.
Nixon called the deal “a Missouri solution to this Missouri issue,” a thinly veiled jab at the Humane Society of the United States and another national animal protection group, the American Society for the Prevention of Cruelty to Animals, that supported Proposition B but did not sign onto the compromise pact.
But although neither outfit is based in Missouri, both have demonstrated fundraising might and political savvy. The committee formed to back Prop B collected more than $3.8 million. The group netted endorsements from area celebrities – Cardinals skipper Tony La Russa – and political luminaries – former Republican U.S. Sen. John Danforth.
When rumblings began that state lawmakers would seek to overturn Prop B, the campaign purchased billboard space around Jefferson City. In January, the Humane Society’s national president, Wayne Pacelle, signed up as a lobbyist in Missouri.
This afternoon, the group has arranged a rally in Jefferson City seeking to show opposition to the compromise.
“We have a lot of concerns,” said Barbara Schmitz, a spokeswoman for the Humane Society of the U.S. “It falls short of what the voters approved.”
In addition to capping the number of breeding dogs, the proposition approved by voters set new standards for exercise, medical care and cage size. Many of those restrictions are relaxed under the compromise. Under current regulations, breeders’ cages need to be only 6 inches bigger than the dog on each side. The agreement would require twice that amount of space by Jan. 1, 2012, and three times that amount of space by Jan. 1, 2016.
Constant access to an outdoor run also would be required, though the Department of Agriculture could waive the requirement.
Still, the absence of a cap on the number of dogs allowed – which would mean large-scale breeding operations could remain in business – has left the U.S. Humane Society sticking with the original language that voters approved in November.
The national Humane Society has already taken the early steps for a second ballot measure next year that would make it harder for the Legislature to overturn future referenda. Schmitz would also not rule out legal action.
“All options are on the table,” she said.
In addition to exposing the familiar divisions between urban and rural lawmakers, the dog breeding fracas has revealed a less likely split between the national Humane Society and its local branch.
The Humane Society of Missouri – an independent organization – has embraced the compromise, unlike its national counterpart.
“We felt it behooved us since we live in Missouri to see if we can find a compromise,” said Robert W. Hull, chairman of the Missouri Humane Society. “When you compromise, you aren’t going to get everything you want.”
Hull insisted there was no ill will between the national agency and its local counterpart. However, the local Humane Society works closely with the Missouri Department of Agriculture, both for their rescue missions around the state and the Humane Society’s shelter on Macklind Avenue in St. Louis.
Not signing the compromise would have tested a sound relationship, Hull said.
“We are subject to their regulations,” Hull said. “They license us.”
Most of Missouri’s statewide officials have attempted to stay out of the dog-breeding fight, but on Tuesday Attorney General Chris Koster signaled his support for the compromise plan.
“If the Legislature chooses to support this solution, the attorney general’s office will be ready on day one,” Koster said, promising to dedicate a full-time attorney to prosecute violations, as well as establish a hotline to field complaints.
Still, some area dog lovers greeted the news with a measure of ambivalence.
“I don’t think there should ever be a compromise in the humane treatment of man’s best friend,” said Randy Grim, founder of Stray Rescue of St. Louis. “It bothers me. I think the thing that happened was rural farmers feared they would be next.”
But, he added, “it’s better than nothing.”
Grim also noted that if Nixon was attempting to win over animal advocates, he had a funny way of showing it. A day after the dog breeding compromise was announced, the governor’s office released a photo of Nixon turkey hunting in the woods of south-central Missouri.
Nixon felled a 24-pound gobbler, with one-inch spurs and a 10-inch beard.
Marlon A. Walker of the Post-Dispatch contributed to this report.
NIXON HELPS CRAFT PROP B COMPROMISE, BUT ITS FUTURE IS UNSURE
For both sides in the battle over Proposition B, the clock is now ticking.
On Monday, many agricultural and animal-welfare groups announced that they had reached an agreement that “will strengthen requirements for the care and treatment of dogs and protect Missouri agriculture.”
The agreement is in the form of a measure aimed at superceding a controversial bill — SB 113 — that does away with most of the provisions in Proposition B, which imposes restrictions on dog breeders. The proposition was narrowly approved by Missouri voters last fall but is opposed by rural legislators.
Approved by both chambers, SB 113 was formally placed on Gov. Jay Nixon’s desk Monday, as well. Nixon now has 15 calendar days to decide whether to veto the bill, sign it or allow it to go into effect without his signature.
Nixon announced Monday that he backed the agreement proposing the alternate measure and that he and his staff had been involved in helping to bring it about. Nixon, a Democrat, is running for re-election in 2012; he’d like to avoid getting stuck between rural voters who opposed Proposition B and the suburban and urban voters who backed it.
“Over the past week, my administration has been working closely with folks on every side of this issue to reach an agreement that respects the will of the voters, protects dogs and allows responsible breeders to earn a living in our state,” the governor said in a statement.
“Throughout this process, I have met personally with representatives of Missouri’s major animal-welfare and agricultural organizations and with leaders on this issue in both the House and the Senate. The agreement that was signed today upholds the intent of the voters, protects dogs and ensures that Missouri agriculture will continue to grow. I look forward to continuing to work with these leaders as we move this proposal through the legislative process as swiftly and efficiently as possible.”
A Nixon spokesman sidestepped questions as to whether Nixon planned to veto SB 113. Instead, press secretary Sam Murphey said that the governor wants the alternate bill to “supercede SB 113.”
Nixon got a boost Tuesday when Missouri Attorney General Chris Koster, a fellow Democrat also running for re-election, endorsed the agreement as well.
“If the legislature chooses to support this solution, the Attorney General’s Office will be ready on day one to aggressively enforce Missouri’s new dog-breeding laws,” Koster said in a statement. “Our intention is to add new prosecutorial resources to Operation Bark Alert, and we will continue to work aggressively to change Missouri’s reputation to a state that respects the humane treatment of these animals.”

While Nixon decides, these poor dogs suffer in a puppy mill, or large-scale breeding operation in Missouri.
He also promised to designate an assistant attorney general to focus full time “on prosecuting wrongdoers. which Koster estimated would total 100 cases a year.
Koster also pledged to set up a toll-free hotline to collect complaints via telephone, and to feature a tip link on his official website.
Closer look at compromise
The compromise:
- Repeals the limit of 50 dogs that a breeder can own. Parson’s bill also takes out this provision from Prop B. This is one of the most controversial changes.
- Changes the definition of “adequate breeding cycles.” Under Prop B, dogs could not breed more than twice every 18 months. The compromise changes that to what’s “appropriate for the species, age, and health of the dog,” according to a veterinarian. Parson’s legislation also includes this change.
- Phases in the requirement for bigger cages over several years.
- Specifies veterinarian care. Under Prop B, a licensed veterinarian must examine the dogs at least once a year; it also requires prompt treatment of any illness or injury by a licensed veterinarian. Parson’s legislation loosens that to “at least two personal visual inspections annually by a licensed veterinarian.” The compromise reverts back to the Prop B language, except it places the word “serious” in front of the phrase “illness or injury by a licensed veterinarian.”
- Increases to $2,500 from $500 a year the maximum fee for obtaining a license for a breeding facility. Parson’s bill also includes this provision.
Both measures would require breeders to maintain all veterinary records and sales records for the most recent previous two years. The records shall be made available to the state veterinarian, a state or local animal welfare official, or a law enforcement agent upon request.
Support for compromise may not be solid
In any case, the alternative bill apparently would still need to be approved by the Senate and House quickly and placed on Nixon’s desk before SB 113′s 15 days run out. If Nixon vetoes the bill, the legislature would have until May 13, when this session ends, to override a veto.
Any override effort may be hampered by the fact that SB 113 did not pass with a veto-proof majority.
Yet it’s also unclear how solid the support is for the proposed alternate bill.
For example: State Sen. Mike Parson, R-Bolivar, who sponsored SB 113, is listed as one of the compromise’s backers.
“Growing Missouri agriculture and protecting dogs are both important priorities, and this agreement is a win on both fronts,” Parson said in a release announcing the agreement.
But Parson said in an interview that he wanted the governor first to sign SB 113 into law — and then sign the proposed alternative, should the legislature pass it.
Parson said the main differences between his bill and the new agreement are the types of veterinarian care required and the square footage of the cages confining the animals.
Parson said that the agreement would be “dead” if Nixon vetoed SB 113.
“If we’re truly going to get this done, we’re going to know before this veto happens,” Parson said. “I hope the compromise is worked out. I hope everyone at the table can get it done. You’ve got to get it through the [legislature] in a short-term period of time, which is a very difficult process to do. We’re going to work for that, if that’s what the coalition decides.”
“But I think to say that we’re going to veto [my bill] right off the bat to do this, I don’t think we’re going to want to use this as a political game,” Parson added. “And I hope that nobody’s doing that.”
One of the agreement’s backers is Kathy Warnick, president of the Humane Society of Missouri. “The Humane Society of Missouri believes this landmark agreement will ensure for decades to come what the majority of Missourians want – humane standards of care for Missouri’s breeding dogs,” said Warnick in a statement.
“The agreement upholds the primary intent of Missouri voters concerning the treatment of dogs in breeding facilities and proposes new legislative language that provides a higher standard of care than currently stipulated in Missouri law,” she added.
But later Monday, within hours of the announcement of the agreement, national Humane Society president Wayne Pacelle was among a coalition announcing its opposition.
“The will of the people should be respected, and this deal falls far short of the animal-care standards that Missouri voters approved in Prop B,” Pacelle said. “We were never against the idea of compromise, but we are against the idea of capitulation.”
Ed Sayres, president of the American Society for the Prevention of Cruelty to Animals, said, “We applaud Gov. Nixon and the Department of Agriculture for strengthening enforcement, but enforcement is meaningless without strong standards for the welfare of dogs. Missouri voters want to turn around the state’s reputation as the puppy mill capital of America, and the common-sense standards for dog breeding enacted with Prop B should not be jettisoned.”
Gregory Castle, chief executive of the Best Friends Animal Society, said, “We are disappointed that the compromises incorporated in the recently announced proposed legislation to amend the provisions of Prop B clearly fail to provide the protections for dogs in Missouri’s puppy mills that the citizens of the state wanted. We approve moves to strengthen enforcement, but Prop B’s improved standards for the humane treatment of these animals should not be discarded.”
Parson replied, “That’s a disappointing fact that people from [outside] the state of Missouri don’t even want to compromise when all the animal rights groups in Missouri are agreeing to this.”
Senate Majority Leader Tom Dempsey, R-St. Charles, said in a news conference he couldn’t comment on the agreement since he hasn’t seen the details. Asked if mid-April was an appropriate time for the governor to be proposing such an deal, Dempsey replied, “Earlier would have been helpful.”
“January, February, March,” Dempsey said, referring to times when the agreement would have been more useful.
“October, November of last year,” added Senate President Pro Tem Rob Mayer, R-Dexter.
One possibility is that the agreement’s proposed alternative could be placed onto another existing House bill seeking to overhaul Prop B, Dempsey said. That bill is still in committee.
State Rep. Tom Loehner, R- Koeltztown, handled SB 113 in the House. He said he hopes that Nixon signs SB 113 into law, as well as the alternate measure.
“I don’t know if the passage of [SB 113l] brought one side closer to the table maybe, who knows?” Loehner said. But he acknowledged, “It’s a late date to try and get it all through.”
Ultimately, Loehner added, the fate of SB 113 hinges with Nixon. “It’s in his hands now.”
State Sen. John Lamping, R-Ladue, signaled Tuesday that he’s also cool to the compromise – and aappeared to side with Prop B supporters. Lamping also too a jab at the governor.
“I am disappointed that the will of the people was not followed by lawmakers,” Lamping said. “If, in fact, all stakeholders truly came together to reach the agreement, this may have some merit. Unfortunately, leadership came too late. The fact that the governor chose to wait until April 18 rather than work with all interested parties throughout the legislative session speaks to a lack of leadership.”