Puppy Mill State Legislation Updates

Thanks to Mary O’Connor Shaver from Columbus Top Dogs and various other sources for these updates. These are 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.
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1. 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:

- Limit the number of adult, unaltered dogs a breeder can maintain
- Mandate annual veterinary exams
- Prohibit individuals convicted of animal cruelty of obtaining a breeder license

2. CONNECTICUT
Lawmakers this year will decide whether pet owners should get double their money back from stores that sell them puppies, kittens and other animals with chronic disease or disabilities. 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. They want to be able to claim back twice the purchase price of defective animals. 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.”

3. ILLINOIS
On January 19, announcement of a Puppy Mill bill, sponsored by state Senators John Fritchey (D-Chicago) and Dan Kotowski (D-Mt. Prospect), was introduced into the Illinois state legislature. The Bill, called Chloe’s Bill, was named after a young female dog that was rescued from a filthy, unlicensed puppy mill in Downstate Macon County. The legislation, if passed in its proposed form, would:

- Create a Dog Breeder License Act, which would prevent breeders from having more than 20 unaltered (not neutered or not spayed) dogs.
- Prohibit people from obtaining a dog-breeding license if they have been convicted of a felony animal-cruelty crime, including dog fighting.
- Require dog breeders to keep dogs in buildings without wire flooring and with sufficient heating, cooling and ventilation.
- 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.
- Establish penalties starting with fines and escalating to having animals seized and breeding operations shut down.

4. INDIANA
As of today, HB 1468 is scheduled to be read and discussed before the Indiana House on Thursday, February 19, then placed to a vote on Friday, February 20. The proposed legislation is (not surprisingly) receiving strong opposition by Amish commercial breeders, the Chamber of Commerce, the National Federation of Independent Businesses and the AKC. For more details on this bill, click here.

The Summary of the Puppy Mill Amendment includes:

A.) Anyone who during a 12-month period maintains at least 10 adult female dogs that have not been spayed and are over four months of age (exempts shelters, rescues and animal control organizations).

B.) Standards of care (ventilation, sanitary conditions, illumination, temperature, exercise and cage size requirements; no wire flooring).

C.) Vet Care – Every animal must receive a physical exam from a licensed veterinarian every year and the breeder must maintain veterinary records on each animal. Surgical procedures or euthanasia of any animal may not be performed by anyone other than a licensed veterinarian.

D.) Pet Store Disclosure – Requires any pet store to post name, city and state of each pup’s breeder as well as name, city and state of any broker. Pet stores must maintain veterinary records on each animal and make them available to purchasers or prospective purchasers.

E.) Lemon Language – Requires breeder to provide another dog or full refund if dog is found to be sick within 21 days of purchase. Or, if dog is found to have congenital problems within a year, the breeder must also reimburse the buyer for vet bills (not to exceed the purchase price of the dog).

F.) Cap Language – Maximum of 20 dogs that are (older than) one year and have not been altered at any address or location.

G.) Breeding limitation – dogs cannot be bred without annual certificate from vet, must be at least 18 months of age and less than eight years of age. Female dogs shall only be allowed to whelp one litter per year.

H.) Animal Cruelty Convictions – Individuals convicted of animal cruelty under Indiana code may not operate a commercial breeding facility. Additionally, commercial breeders may not hire staff who have been convicted of animal cruelty.

I.) Registration with the State Board of Animal Health – yearly registration of anyone who fits the above definition of a puppy mill. $50 yearly registration fee. Class C infraction for not registering as a commercial breeder.

5. 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.”

6. OHIO
The Ohio Farm Bureau Federation (OFBF) is preparing for a face-to-face meeting with HSUS President Wayne Pacelle, a meeting initiated by HSUS. Ohio’s constitution does allow for ballot initiatives and as many of you are aware, Ohio voters and taxpayers aren’t bashful about putting initiatives on the ballot. Since the passage of Proposition 2 in California, there has been a lot of speculation as to what state might be next, Ohio has been one of the states mentioned.

For more information, we invite you to view the article, “Ohio Farm Bureau to meet with HSUS.”

7. OKLAHOMA
The Oklahoma Pet Quality Assurance and Protection Act, H.B. 1332, passed the House committee vote (11-2) yesterday and will be voted on in the full House in the very near future.

This proposed legislation would set regulations for dog and cat breeders, and authorize a state agency to inspect kennels and facilities that sell more than 25 animals a year. The Pet Quality Assurance Enforcement Fund will be funded from fees, fines, etc. and will provide the necessary means to support enforcement.

For more details concerning this legislation, we invite you to read the article, “OK House to Vote on Puppy Mill Bill.”

8. 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 today’s session. 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.

The legislation now heads for the Senate.

9. TENNESSEE
State lawmakers are trying diligently to curb bad breeding operations by regulating breeders and creating an inspection process. State Sen. Doug Jackson is proposing legislation that he hopes will put an end to what many call puppy mills. The bill would require any breeder with more than 20 animals to pay a $500 licensing fee to the state. If you have more than 40, it goes up to $1,000. Commercial breeders would also be inspected yearly.

For more information, we invite you to view the article, “Senator Hopes Legislation Ends Puppy Mills.”

Also, a suspected puppy mill in Sparta, TN was raided Wednesday, February 11. The bust involved the rescue of over 275 dogs. Click here to read more.

10. WASHINGTON
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 are considering a bill that would regulate breeders who own a large number of dogs. A Senate committee on Monday discussed the bill, which would 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, “Lawmakers Consider Bill Targeting Puppy Mills” http://www.komonews.com/news/39342082.html
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Like Mary said, let’s hope these small but important steps will help set the tone as a model for other cities, causing a ripple effect of positive change benefiting the animals.