[ SHOWGSD-L ] South Dakota Pet Breeders Legislative ALERT

  • From: Stormy Hope <Stormy435@xxxxxxx>
  • To: DaList Showgsd-l List <showgsd-l@xxxxxxxxxxxxx>
  • Date: Sat, 30 Jan 2010 15:45:32 -0800

If you know anybody in SD, alert them to this bill.  Dog breeding  
limits NEVER go up, the limits always go down and then get passed  
state to state.
Stormy
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South Dakota Pet Breeders Legislative ALERT
House Bill  1146
This Bill Amends South Dakota existing Code 40-1 which deals with  
animal cruelty laws.  Some obvious issues are as follows:

Failure to provide adequate shelter, feed, water, space, exercise, or  
care for dogs in the commercial dog breederâ??s possession is a Class  
1 misdemeanor. Such animals are subject to seizure and impoundment.

This is very subjective and there is no provision for any due process  
procedures

Under the adequate shelter provision for dogs and cats, â??provides a  
solid surface, resting platform, pad, floormat, or similar device that  
is large enough for the animal to lie on in a normal manner and can be  
maintained in a sanitary manner.â??

History has proven that solid resting pads or platforms are  
potentially unhealthy and difficult to keep sanitary.

No commercial dog breeder may maintain more than FIFTY Â dogs over the  
age of one year at any one time for breeding purposes, there is an  
exception process if you obtain an ordinance from your local county or  
munincipality.

There is an argument here about constitutionality of placing limits  
etc on dog breeders only (they do not limit other production animal  
owners) and they are also mandating the age at which you can breed  
YOUR dog.  Those decisions should be based on sound Veterinary  
medical practices, a decision made by the breeder and their  
Veterinarian on each individual dog. Obtaining an exception to the  
FIFTY number would probably be almost impossible.

Any peace officer, officer or agent of a human society, animal control  
officer, or agent of the board may, upon receiving a complaint or upon  
his or her own motion, investigate any violation of the provisions of  
this chapter related to commercial dog breeders.  The investigation  
shall be in accordance with the provisions of  40-1-1A and may  
include the inspection of the books and records of any commercial dog  
breeder, Â the inspection of any companion animal owned by the  
commercial dog breeder, and the inspection of any place associated  
with the commercial dog breeding facility where dogs are bred or  
maintained.

Literally anyone with a â??badgeâ?? would be able to come onto your  
property at their discretion at any time and search your home, kennel,  
etc as well as demand to see all of your records, books, tax returns  
etc, and determine if the SUBJECTIVE care standards for your dogs was  
being met.

An in depth dissection of HB 1146 is currently being drafted.  It is  
important to offer highlights at this time.

The GOOD NEWS is:

This bill is being assigned to the Agriculture Committee.
You have the support of the lobbying efforts of South Dakota Farm  
Bureau and you have a state dog breeder organization, DAKOTA PET  
BREEDERS ASSOCIATION.

The negatives are:

The Animal Rights people in your state and the HSUS are well funded  
and well organized.

What we suggest you do:

Make sure that you are part of a network system and stay alert.
There may be last minute information and updates that require  
immediate attention.


Stormy Hope
www.carpoc.org  CHECK THE UPDATED EVENTS AND LINKS!
AKC Legislative Liaison, GSDCA
Sunshine Squad <showgsd.org/sunshine.html)
GSDs and more

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