[ SHOWGSD-L ] Yet another - 2009 Montana Legislature,HOUSE BILL NO. 548
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Mon, 16 Feb 2009 17:25:36 -0500
Yet another state...
Ginger Cleary,
Rome, GA
Since when do we have to agree with people to defend them from injustice -
Lillian Hellman, Playwright (1905-1984)
-----Original Message-----
http://data.opi.mt.gov/bills/2009/billhtml/HB0548.htm
2009 Montana Legislature
Additional Bill Links PDF (with line numbers)
HOUSE BILL NO. 548
INTRODUCED BY D. MCALPIN
A BILL FOR AN ACT ENTITLED: "AN ACT REGULATING FACILITIES THAT BREED
DOGS FOR SALE OR SELL DOGS; REQUIRING INSPECTION OF FACILITIES;
REQUIRING THE DEPARTMENT OF LIVESTOCK TO ADOPT RULES ESTABLISHING
STANDARDS FOR THE FACILITIES; REQUIRING OWNERS OF FACILITIES TO REGISTER
WITH THE DEPARTMENT AND PAY A FEE FOR REGISTRATION; REQUIRING
INSPECTIONS TO BE UNANNOUNCED AND REQUIRING THE DEPARTMENT TO PREPARE AN
INSPECTION REPORT; PROHIBITING AN OWNER OR MANAGER OF A FACILITY THAT
DOES NOT PASS AN INSPECTION FROM SELLING DOGS; CREATING A STATE SPECIAL
REVENUE ACCOUNT; PROVIDING AN APPROPRIATION; AND PROVIDING AN EFFECTIVE
DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Dog breeding and selling facilities
subject to inspection -- department to adopt rules governing standards
-- inspection report. (1) A facility that breeds dogs intended for sale
or sells dogs is subject to an annual inspection by the state
veterinarian appointed pursuant to 81-1-301 or the state veterinarian's
designee as provided in this section.
(2) The department shall adopt rules governing inspection and
standards for facilities that breed dogs for sale or sell dogs. The
rules must include:
(a) standards for dog housing facilities, including size,
construction material, proper drainage, sanitation, requirements for
indoor and outdoor access, special provisions for dogs with nursing
puppies, protection from weather, ventilation, temperature control,
lighting, and any other housing standards that the department considers
appropriate for ensuring the proper care of the dogs;
(b) standards for feeding, watering, and bedding;
(c) standards for dog health, including requirements that if a dog
exhibits signs of poor health, the facility owner shall provide adequate
proof that veterinary care has been provided; and
(d) the procedures that the department will follow to implement
facility registration and inspection required under this section
beginning July 1, 2009.
(3) (a) An owner or manager of a facility that breeds dogs for
sale or offers dogs for sale shall register with the department and
provide the name of the facility, address, contact information, and any
other information required by the department on a form furnished by the
department.
(b) Each facility shall pay a biennial $415 registration fee to
offset the costs incurred by the department for inspections and
inspection reporting. The fee must be deposited in the account provided
for in [section 2].
(4) (a) The annual inspections provided for under subsection (1)
must be unannounced, and the state veterinarian or the state
veterinarian's designee shall provide a report of findings to the
facility owner or manager within 1 month of the inspection. The report
must contain a statement regarding whether the facility has passed the
inspection and, if it has not passed, remedies that must be applied.
(b) The department shall:
(i) post the names of all facilities that have passed inspection
on the department's website; and
(ii) issue a certificate of passage of inspection to facilities
that meet the prescribed standards.
(c) The owner or manager of a facility that receives a certificate
of passage of inspection shall display the certificate in a prominent
place at the facility.
(d) After passing an initial inspection, a facility must be
inspected every 2 years.
(5) An owner or manager of a facility who fails to register with
the department as required in subsection (3) or who fails to meet the
prescribed standards may not breed or sell any dogs until the facility
has passed an inspection as provided in this section.
(6) This section applies to facilities, including commercial
breeders, pet stores, animal rescue shelters, and humane societies, that
sell more than 20 adult dogs a year.
NEW SECTION. Section 2. Dog breeding and selling facility
inspection state special revenue account. There is a dog breeding and
selling facility inspection state special revenue account. The purpose
of the account is to offset the costs incurred by the department for dog
breeding and selling facility inspections and inspection reporting.
Money is payable into the account as provided in [section 1]. Income and
earnings on the account must be redeposited in the account. The account
must be administered by the department as provided in [section 1].
NEW SECTION. Section 3. Appropriation. (1) Subject to subsection
(2), there is appropriated $62,000 for fiscal year 2010 and $62,000 for
fiscal year 2011 from the state special revenue account created in
[section 2] to the department for the purposes described in [section 1].
(2) Of the amount appropriated in subsection (1), $85,000 must be
used to pay for a 0.5 FTE veterinarian to administer and authorize
certifications and for a 1 FTE inspector and compliance officer to carry
out the provisions of [section 1].
NEW SECTION. Section 4. Codification instruction. [Sections 1
and 2] are intended to be codified as an integral part of Title 81, and
the provisions of Title 81 apply to [sections 1 and 2].
NEW SECTION. Section 5. Effective date. [This act] is effective
July 1, 2009.
- END -
Latest Version of HB 548 (HB0548.01)
Processed for the Web on February 10, 2009 (5:28pm)
New language in a bill appears underlined, deleted material appears
stricken.
Sponsor names are handwritten on introduced bills, hence do not appear
on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2009 Legislature | Leg. Branch Home
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Authorized print version w/line numbers (PDF format)
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