[accmemberdiscussion] Upcoming Missouri legislation - please read
- From: Djsdosido@xxxxxxx
- To: accmemberdiscussion@xxxxxxxxxxxxx
- Date: Mon, 11 Jan 2010 10:01:26 EST
HSUS is pulling out all the stops in Missouri this year. Please pass this
information along to any friends, family, co-owners, puppy buyers, etc.
that you know in the state.
Donna & the Dosido Gang
Remlap, Alabama
Every year of dog love is worth seven years of the human stuff. (Michael
Rosen)
visit me at _www.doublenickellife.blogspot.com_
(http://www.doublenickellife.blogspot.com)
_Politics in Missouri-long, but please read _
(http://groups.yahoo.com/group/ScottieNewsNetwork/message/3298;_ylc=X3oDMTJycnM5bzBuBF9TAzk3MzU5NzE1BGdycE
lkAzIzMTA5NTE0BGdycHNwSWQDMTcwNzMxNTQ4NARtc2dJZAMzMjk4BHNlYwNkbXNnBHNsawN2bX
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Posted by: "Jenny Thrasher" _jenny_thrasher@xxxxxxxxxxxxx _
(mailto:jenny_thrasher@xxxxxxxxxxxxx?Subject=
Re:Politics%20in%20Missouri-long,%20but%20please%20read)
_jenny_thrasher@xxxxxxxxxxxxx _
(http://profiles.yahoo.com/jenny_thrasher@xxxxxxxxxxxxx)
Sun Jan 10, 2010 5:19 pm (PST)
Hello, all.
I know there are a great many of you who are absolutely uninterested in
politics, however, what you need to know about the petition to bring the
Anti-Puppymill Cruelty Bill to a ballot vote in Missouri, November of 2010 is
that it directly includes show/hobby breeders and defines anyone with
ownership of more than 10 unsterilized <WBR>females as being a large scale
commercial kennel. Please note that it specifically includes Co-Ownerships,
and
the dogs DO NOT have to reside at your prop
The wording has been approved by the Secretary of State's office, and the
financial impact of this bill has been approved by the State Auditor. The
petition is now ready to circulate, and all it needs is 130,000 signatures.
I have cut an pasted the Proposed Statute into this post so that you may
all read it. This proposal is tragically flawed, both in concept and wording,
and a lawsuit has been filed against both the Secretary of State of
Missouris, and the Auditor of the State of Missouri for numerous reasons
outlined
in a document that I can send you on request.
As you read the proposed statute below, think about all breeds, not just
Scotties. Also, pay particular attention to Section 3, "Necessary Veterinary
Care". Under this section, in order to be in compliance with the law, even
after care must be carried out by a vet, so for example, if one of your
girls had a c-section, you must take her back in to the vet everyday to clean
the incision and check it, or if one of your dogs must have eye ointment
put in twice a day for 10 days, you must take that dog back to the vet twice
a day for 10 days to have the vet put the ointment in. Pills must be
administered by the vet, etc.
Please. If you live in Missouri, and show your dogs, if you have any dogs
on a Co-Ownership basis with anyone, regardless of whether they live in
this state, please help prevent this petition from getting signed. Please
educate everyone you know about the negative impact this bill would have on
the
21 page book that is the Animal Care Facilities Act Law which has been in
effect since 1992. If you have any questions, or want to help, contact me
off list.
2010 Initiative Petitions Approved for Circulation in MissouriStatutory
Amendment to Chapter 273, Relating to Dog Breeders
2010-086, Version 2
THE PROPOSED STATUTEBe it enacted by the people of the State of Missouri:
Section A. One new section is enacted, to be known as section 273.345, to
read as follows
273.345. 1. This section shall be known and may be cited as the "Puppy
Mill Cruelty Prevention Act."
2. The purpose of this Act is to prohibit the cruel and inhumane treatment
of dogs in puppy mills by requiring large-scale dog breeding operations to
provide each dog under their care with basic food and water, adequate
shelter from the elements, necessary veterinary care, adequate space to turn
around and stretch his or her limbs, and regular exercise.
Notwithstanding any other provision of law, any person having custody or
ownership of more than ten female covered dogs for the purpose of breeding
those animals and selling any offspring for use as a pet shall provide each
covered dog:
(1) Sufficient food and clean water;
(2) Necessary veterinary care;
(3) Sufficient housing, including protection from the elements;
(4) Sufficient space to turn and stretch freely, lie down, and fully
extend his or her limbs;
(5) Regular exercise; and
(6) Adequate rest between breeding cycles.
4. Notwithstanding any other provision of law, no person may have custody
of more than fifty covered dogs for the purpose of breeding those animals
and selling any offspring for use as a pet.
5. For purposes of this section, and notwithstanding the provisions of
section 273.325, the following terms have the following meanings:
(1) "Covered dog" means any individual of the species of the domestic dog,
Canis lupus familiaris, or resultant hybrids, that is over the age of six
months and has intact sexual organs.
(2) "Sufficient food and clean water" means access to appropriate
nutritious food at least once a day sufficient to maintain good health; and
continuous access to potable water that is not frozen, and is free of debris,
feces, algae, and other contaminants.
(3) "Necessary veterinary care" means, at minimum, examination at least
once yearly by a licensed veterinarian; prompt treatment of any illness or
injury by a licensed veterinarian; and, where needed, humane euthanasia by a
licensed veterinarian using lawful techniques deemed "Acceptable" by the
American Veterinary Medical Association.
(4) "Sufficient housing, including protection from the elements" means
constant and unfettered access to an indoor enclosure that has a solid floor;
is not stacked or otherwise placed on top of or below another animal’s
enclosure; is cleaned of waste at least once a day while the dog is outside
the
enclosure; and does not fall below 45 degrees Fahrenheit, or rise above 85
degrees Fahrenheit.
(5) "Sufficient space to turn and stretch freely, lie down, and fully
extend his or her limbs" means having (1) sufficient indoor space for each dog
to turn in a complete circle without any impediment (including a tether);
(2) enough indoor space for each dog to lie down and fully extend his or her
limbs and stretch freely without touching the side of an enclosure or
another dog; (3) at least one foot of headroom above the head of the tallest
dog in the enclosure; and (4) at least 12 square feet of indoor floor space
per each dog up to 25 inches long; at least 20 square feet of indoor floor
space per each dog between 25 and 35 inches long; and at least 30 square
feet of indoor floor space per each dog for dogs 35 inches and longer (with
the length of the dog measured from the tip of the nose to the base of the
tail).
(6) "Regular exercise" means constant and unfettered access to an outdoor
exercise area that is composed of a solid, ground level surface with
adequate drainage; provides some protection against sun, wind, rain, and snow;
and provides each dog at least twice the square footage of the indoor floor
space provided to that dog.
(7) "Adequate rest between breeding cycles" means, at minimum, ensuring
that dogs are not bred to produce more than two litters in any 18 month
period.
(8) "Person" means any individual, firm, partnership, joint venture,
association, limited liability company, corporation, estate, trust, receiver,
or
syndicate.
(9) "Pet" means any domesticated animal normally maintained in or near the
household of the owner thereof.
(10) "Retail pet store" means a person or retail establishment open to the
public where dogs are bought, sold, exchanged, or offered for retail sale
directly to the public to be kept as pets, but that does not engage in any
breeding of dogs for the purpose of selling any offspring for use as a pet.
6. A person is guilty of the crime of puppy mill cruelty when he or she
knowingly violates any provision of this section. The crime of puppy mill
cruelty is a class C misdemeanor, unless the defendant has previously pled
guilty to or been found guilty of a violation of this section, in which case
each such violation is a class A misdemeanor. Each violation of this section
shall constitute a separate offense. If any violation of this section
meets the definition of animal abuse in section 578.012, the defendant may be
charged and penalized under that section instead.
7. The provisions of this section are in addition to, and not in lieu of,
any other state and federal laws protecting animal welfare. This section
shall not be construed to limit any state law or regulation protecting the
welfare of animals, nor shall anything in this section prevent a local
governing body from adopting and enforcing its own animal welfare laws and
regulations in addition to this section. This section shall not be construed
to
place any numerical limits on the number of dogs a person may own or control
when such dogs are not used for breeding those animals and selling any
offspring for use as a pet. This section shall not apply to a dog during
examination, testing, operation, recuperation, or other individual treatment
for
veterinary purposes; during lawful scientific research; during
transportation; during cleaning of a dog’s enclosure; during supervised
outdoor
exercise; or during any emergency that places a dog’s life in imminent
danger. This section shall not apply to any retail pet store; animal
shelter as defined in section 273.325; hobby or show breeders who have custody
of no more than ten female covered dogs for the purpose of breeding those
dogs and selling any offspring for use as a pet; or dog trainer who does not
breed and sell any dogs for use as a pet. Nothing in this section shall be
construed to limit hunting or the ability to breed, raise, or sell hunting
dogs.
8. If any provision of this section, or the application thereof to any
person or circumstances, is held invalid or unconstitutional, that invalidity
or unconstitutionality shall not affect other provisions or applications of
this section that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of
this
section are severable.
9. The provisions herewith shall become operative one year after passage
of this Act.
Jenny Thrasher
Pict O'the Highlands Scottish Terriers
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