Puppy Mills: Missouri Compromise SB 161 a Victory or Sham

Missouri SB 161, the Governor's compromise bill entitled the Canine Cruelty Prevention Act was passed and signed into law on April 27.  It takes effect immediately.  Some Missouri animal welfare groups are calling this a great victory for puppy mill dogs.  Other animal welfare groups are calling it a sham and a shame.

Frankly, I don't consider it a victory.  Nor do I consider it a sham.  I fervently supported MO Prop B, the Puppy Mill Cruelty Prevention Act.  Bottom line, I'd like the puppy mills put entirely out of business and I didn't think Prop B had strong enough language.  However, I'm a resident of the real world and, like it or not, that's not going to happen in Missouri any time soon.

The nature of a compromise is that both sides have to give at the same time as they get.  By definition, SB 161 is a good example.  Compromise:  A settlement of differences in which each side makes concessions.  In the case of SB 161, both sides definitely made concessions.


I did not support SB 161.  Nor did I oppose it.  I have been pretty vocal about my disgust that the Missouri Legislature would tamper with a voter passed initiative ballot measure.  (However, that's not for the first time, as I discovered in my reading about so-called democracy in the great state of Missouri.)


My bottom line concern is the dogs.  Are their living conditions improved?  

If I have a raging fever of 105 and my temperature drops to 104, that's an improvement.  Is my health still in jeopardy?  You betcha.  My body still has a battle to wage.   And so do dog lovers in Missouri.

The new law requires that dogs in large breeding facilities receive hands-on vet care, continuous clean water, nutritious food twice daily, and more space in which to live.  In addition, Missouri Governor Nixon has committed to add over $1 million to the MO Department of Agriculture's budget for more inspectors and veterinarians to enforce the new regulations.

The original Prop B, passed by 51% of Missouri voters in November, required an indoor floor space of at least 25 square feet for small dogs;  30 square feet for medium size dogs and 35 square feet for large dogs.  The new law doubles the previous minimum space requirements by January 2012 and triples them by January 2016 for existing breeders.  Wire flooring is also be prohibited.  Any dog housing facilities constructed after April 15, 2011, will have to comply with the tripled space requirements immediately.

The original Prop B required at least one yearly exam with prompt treatment for any illness or injury.  The new law requires one yearly exam and prompt treatment of a serious illness or injury.  Though the new law does not include a mandated breeding cycle rest period, it does require a recommendation by a licensed veterinarian for breeding and requires vet records be maintained for two years.

The new law requires dogs to have continuous access to water, access to food at least twice daily - an increase from the original Prop B once daily requirement.  However, generally is inserted in front of a requirement that the water be free of debris, feces, algae and other contaminants.

Under the new law dog breeders could pay as much as $2,500 instead of the current $500 maximum and will pay an extra $25 annual fee to finance Missouri's efforts to crack down on unlicensed dog breeders.

Some who opposed the SB 161 compromise see this as no victory at all.  Rather than seeing the glass half empty, I prefer to see it as half full.   It's a long road ahead, but Missouri dog lovers have gained some ground.

Puppy Mill Compromise SB 161 Signed by Missouri Governor Nixon

According to the Associated Press, Missouri officials pushed through new regulations for the state's dog breeders in a flurry of legislative activity Wednesday that started with Gov. Jay Nixon signing one bill (SB 113) repealing sections of a voter-approved dog-breeding law and ended with the governor signing another measure that implemented a deal between dog breeders and welfare groups.

The maneuvering was needed to pass a compromise on new rules for Missouri dog breeders that was brokered by Nixon's administration and supported by several state-based agriculture and animal welfare groups. Nixon called the new legislation "a dramatic, important, significant step" that would improve the care of dogs while ensuring breeders can continue to operate. The industry has an estimated $1 billion impact in Missouri.

In the end, Nixon and lawmakers eliminated parts of the "Puppy Mill Cruelty Prevention Act" passed last November by voters, including a limit of 50 breeding dogs per business. Other portions were changed. The new law sought potential middle ground on the specifics of the living-space requirements, and it gives breeders more time to comply with the new rules.

Nixon said voters' support of the dog measure this past fall was an important impetus toward reaching the final agreement and had changed the discussion about regulation of dog breeders.

"But for the action of the public, there wouldn't have been another force that was necessary to coalesce people to make these changes," Nixon said. Later he added: "Their votes did matter."

The ballot measure, called Proposition B, was approved by about 52 percent of the statewide vote as supporters in the Kansas City and St. Louis areas outweighed opposition in much of the rest of the state. The initiative was scheduled to take effect as law this November. The bill Nixon initially signed superseded that by making changes that take effect Aug. 28. However, the compromise measure that Nixon signed last repeals the earlier bill and takes effect immediately.

Supporters of the voter-approved law said Missouri's previous regulations for breeders were too weak, allowing operators to keep dogs in wire cages and exposed to excess heat and cold. Critics of the voter-backed law have said it would wipe out the dog-breeding industry by forcing costly renovations to facilities and effectively limiting how many dogs the businesses can sell.

Several of the national animal groups that helped to finance the dog ballot measure oppose Nixon's compromise. Some have said that they could seek to put the issue back on the ballot through it was unclear if one option — a referendum of the new law — was still available.

"It is a far cry from what the voters put in place under Proposition B," said Cori Menkin, the senior director of legislative initiatives for the American Society for the Prevention of Cruelty to Animals. "I don't think the compromise is much of a compromise."

The voter-backed law required an indoor floor space of at least 25 square feet for small dogs, 30 square feet for medium-size dogs and 35 square-feet for large dogs. The new law approved by Nixon doubles the state's previous minimum space requirements by January 2012 and triples them by January 2016 for existing breeders when wire flooring also would be prohibited. Any dog-housing facilities constructed after April 15 will have to comply with the tripled space requirements immediately.

It also attempts to compromise on veterinary visits. The voter-approved law requires at least one yearly exam with prompt treatment for any illness or injury. Lawmakers changed that to two annual visual inspections that did not need to be a hands-on exam in the first bill Nixon signed. Ultimately, there must be one yearly exam and prompt treatment of a "serious illness or injury."

The new law also requires dogs to have continuous access to water, access to food at least twice daily — an increase from the ballot measure's once daily mandate — but looser than the voter-approved law because "generally" is inserted in front of a requirement that water be free of debris, feces, algae and other contaminants.

Plus for state licenses, dog breeders could pay up to $2,500 instead of the current $500 maximum, and will pay an extra $25 annual fee to finance state efforts to crack down on unlicensed dog breeders.

Puppy Mills: Missouri Governor Signs Prop B Repeal SB 113 Today

According to the Missouri Net, earlier today Missouri Governor Jay Nixon signed Senate Bill 113.  This effectively repeals MO Prop B, the Puppy Mill Cruelty Prevention Act.

Prop B was approved by a majority of Missouri voters last November.  Several legislative bills were introduced in the Missouri legislature that would gut or essentially repeal Prop B.  SB 113 sailed through both the House and Senate chambers.

Governor Nixon commented that he hopes to have his own suggested compromise bill (SB 161) on his desk for signature before the legislative session ends next month.

Missouri Compromise on Puppy Mills: Senate Bill 161

Photo:  St Louis Today  

Both the Humane Society of Missouri and the Missouri Alliance for Animal Legislation have come out in support of Missouri Governor Jay Nixon's puppy mill compromise bill.

SB 161 would be an improvement over Missouri's current law which allows breeding dogs to be confined to small wire floored cages for their entire lives.  Current law also denies veterinary care, including an annual vet exam to the dogs, and allows even frozen water to satisfy requirements for water.

SB 161 would:

• require an annual veterinarian examination of breeding dogs, as well as require that any dogs with a serious illness or injury receive prompt vet treatment. 
• require continuous access to clean water
• require ample space for confined dogs with three times the current space requirement
• require constant and unfettered access to an outdoor exercise run
• prohibit wire flooring
• provide funding for additional inspectors and veterinarians to enforce the law

Politics aside, SB 161 would definitely be a winning proposition for thousands of dogs living in Missouri commercial breeding facilities. 

Unfortunately, politics can't be set aside.  Legislative leaders say they will advance SB 161 only if the Governor signs SB 113.  If both bills are passed, both could become law - even with contradictory elements.

Missouri Prop B Compromise Already in Trouble

The ink is barely dry from the press release from the Governor's office about his proposed compromise on Missouri's Proposition B, the Puppy Mill Cruelty Prevention Act, and already the proposed measure is in trouble.

Missouri Governor Jay Nixon's compromise would strengthen current commercial dog breeding laws, but take out portions of Prop B which was passed by a majority of Missouri voters in November.  According to his office, his compromise measure was supported by advocates on both sides of the issue.

Last night more than 60 lawmakers from the House and Senate, as well as members of the agriculture industry, sent a letter to the Governor telling him they want him to sign SB 113 which would essentially repeal Prop B.

Governor Nixon's compromise has not even been introduced yet and must travel through both houses of the Missouri legislature before the legislative session ends on May 13.  Otherwise Nixon must sign SB 113 or veto it.  

It's not looking good.  Among those signing the letter urging Nixon to gut Prop B is House Speaker Steve Tilley.  Tilly controls the flow of legislation in the Missouri House.

Missouri Puppy Mills / Prop B: Governor Proposes Compromise

I'm sick of politicians.  I've had it with them for more reasons that just MO Senate Bill 113 and Prop B, the Puppy Mill Cruelty Prevention Act, but this issue feels like the straw that broke the camel's back.

First Missouri citizens organize a petition drive to place MO Prop B on the election ballot.  They succeed.  Then Missouri voters pass that same legislation.

That's where the politicians take over because they are quite sure they are smarter than Missouri voters, who, they claim, didn't understand what they were voting on.  Various Missouri House of Representative and Senate bills are introduced to repeal or otherwise gut Prop B.  Senate Bill 113 gains traction, is passed and sent to the Governor for his signature.  

SB 113 guts Prop B.  So what... they're just dogs.  So what... it's just overturning the will of the people.  Right?

Now Governor Nixon claims to have brokered a compromise between all parties involved that includes part of Prop B and parts of SB 113.   This proposed legislation will require larger cages with outdoor runs for breeding dogs, access to potable water and annual vet exams.  However it no longer limits dog breeders to no more than 50 breeding dogs and gives dog breeders additional time to meet the new housing standards.

This new "compromise" legislation will have to move fast.  It's not even been introduced yet, but will have to be approved by May 13.  That's when the Missouri legislative session ends.  And, of course, if it does not move along quickly enough, that is also when we'll see what stuff Governor Nixon is made of.  He'll have to either sign or veto SB 113.

At the same time, proponents of Prop B are threatening to begin again with another ballot initiative campaign - to put Prop B back on the ballot for another vote.

I'm a believer in compromise.  This compromise legislation certainly would be an improvement over current Missouri laws and SB 113 in terms of the lives of thousands of commercial breeding dogs being held in this state.  However, it is an outright sucker punch to the voters of Missouri.

Democracy?  The state constitution?  The will of the people?  Who needs 'em?!  Not the politicians of the great puppy mill capitol, otherwise known as Missouri.

Missouri Puppy Mills: Rally to Save Prop B on April 20

The Missouri Alliance for Animal Legislation (MAAL), along with other supporters of MO Prop B the Puppy Mill Cruelty Prevention Act, are planning a rally this Wednesday, April 20 to urge Missouri Governor Jay Nixon to veto SB 113.  

Last week the Missouri House of Representatives passed SB 113 which repeals Prop B.  Now the fate of thousands of dogs living in Missouri puppy mills rests in the hands of Governor Nixon.

They'll have signs and t-shirts with special messages that the Governor can't ignore.  If you live in St Louis or Kansas City you can attend the event via the Humane Trains - special buses provided.  These buses will depart at 12:30 pm from each of those cities.  If you plan to attend and ride a Humane Train bus, you'll need to RSVP so they can keep a spot for you.

For more information you may contact MAAL at 314-361-3944 or toll free 877-444-6225.

Puppy Mills in Missouri: SB 113 Passed; Prop B is Repealed

It's official.  The Missouri House of Representatives passed SB 113.  The repeal of Prop B, the Puppy Mill Cruelty Prevention Act, now goes to the desk of Missouri Governor Jay Nixon.

SB 113 dismantles Prop B piece by piece, not only lowering the boom on dogs suffering in substandard breeding facilities, but also delivering a knock out punch to democracy in Missouri.  If Governor Nixon signs this legislation, Prop B supporters have vowed to immediately begin gathering signatures for another referendum which would bring the issue back on a ballot for Missouri voters.

I have mixed emotions.  None of them are good.  

Obviously, Missouri lawmakers are proud of Missouri's reputation as the Puppy Mill Capital and loathe to let that go.  It's also obvious - from their claims that Missouri voters didn't understand Prop B - that they think Missouri voters are dumb as dirt. 

Last November the voters of Missouri said it was time to begin an end to puppy mills in our state.  They understood then that the dog breeding industry in our state has a myriad of problems and the state legislature has ignored the problems for years.  

Unless Governor Nixon vetoes SB 113, dog breeders in Missouri can continue business as usual.  In Missouri it will be just fine that breeders stack dogs in wire cages, let them suffer extreme heat and cold, deprive them of clean water.  Breeders can have as many breeding dogs as they choose. 

 

If you live in Missouri, please contact Governor Nixon at 673-751-3222 or via email  and urge him to veto SB 113.  Let him know that the democratic process and the well-being of commercial breeding dogs is important.