HB 0386 by *Sontany, Maggart, Fincher, McManus, Turner M, Shepard, Sargent. (*SB 0258 by *Jackson, Ketron.)
Animals and Animal Cruelty - As introduced, enacts the "Commercial Breeder Act." - Amends TCA Title 47, Chapter 18, Part 1; Title 39, Chapter 14, Part 2; and Title 44, Chapter 17.
Fiscal Summary
Not Available
Bill Summary
This bill:
(1) Creates new criminal offenses regarding the commercial breeding of companion animals;
(2) Requires commercial breeders to become licensed by the commissioner of agriculture; and
(3) Specifies that certain actions by a commercial breeder would also be deemed to be a violation of the Tennessee Consumer Protection Act of 1977.
CRIMINAL OFFENSES
This bill makes it an offense for any commercial breeder to advertise, sell, offer to sell, transport or offer for transportation any companion animal unless the commercial breeder has a valid license from the commissioner of agriculture and has complied with the rules and regulations promulgated by the commissioner pursuant to this bill. A "commercial breeder" is a person who possesses or maintains at least 20 female dogs in order to sell their offspring as companion animals. This bill also makes it an offense for a commercial breeder to kill or destroy a companion animal by any means other than euthanasia performed by a licensed veterinarian. These offenses would be Class B misdemeanors, punishable by fine only.
This bill also makes it an offense for a commercial breeder to operate or maintain a controlling interest in any releasing agency or to violate any provision of this bill. The offense would be a Class B misdemeanor, punishable by fine only. After a licensed commercial breeder receives notice from the commissioner of any violation of this bill, each day of a continuing violation would constitute a separate offense.
LICENSURE
An application for a license as a commercial breeder would be made to the commissioner on a form provided by the commissioner. Each application for a license must be accompanied by a license fee based upon the following:
(1) Possessing or maintaining 20-40 adult companion animals per year, $500; or
(2) Possessing or maintaining 41-75 adult companion animals per year, $1,000.
The commissioner would issue a license to an applicant after determining that:
(1) The applicant or the responsible officer of the applicant is of good moral character;
(2) An inspection has been made of the premises and a finding is made that it conforms to this bill and is a suitable place in which to conduct the commercial breeder's business;
(3) The commercial breeder has a valid sales tax registration number and is in good standing with the Tennessee department of revenue; and
(4) The licensee has never been convicted of any criminal offense against an animal.
A license would not be issued to any commercial breeder who possesses or maintains more than 75 unsterilized companion animals over the age of six months.
The license of any commercial breeder may be suspended or revoked by the commissioner for any of the following reasons:
(1) The violation by the licensee of the Tennessee Consumer Protection Act of 1977;
(2) Willful falsification of any information contained in the application;
(3) The licensee's conviction of any offense involving cruelty to animals or a violation of this bill; or
(4) The licensee's nonconformance with: this bill; the rules and regulations of the commissioner; the Non-Livestock Animal Humane Death Act; or the present law provisions governing offenses against animals.
This bill requires each commercial breeder to file semi-annual reports containing the following information:
(1) The number of dogs or cats in the possession of the commercial breeder on the date the report is filed;
(2) The number of dogs and cats sold during the reporting period and the names and addresses of the persons to whom they were sold; and
(3) The number of dogs and cats received by the commercial breeder during the reporting period under circumstances other than purchase and the names and addresses of the persons from whom they were obtained.
The premises of a commercial breeder must be made available to the commissioner for inspection at all reasonable times. The commissioner would make or cause to be made such inspections or investigations of the premises and records as considered necessary.
This bill authorizes the commissioner to confiscate companion animals maintained in violation of this bill and to enter into cooperative agreements with local or federal animal welfare agencies or national humane organizations to house and provide for the humane treatment of the animals. The commissioner would also have the authority to petition the court in which a violation of this bill or criminal offense against animals is being heard to request that the commercial breeder or person commercially breeding in violation of this bill be ordered to post security as provided in present law regarding criminal offenses against animals. The commissioner may also enter into cooperative agreements with local and federal agencies for purposes of implementing this bill.
TENNESSEE CONSUMER PROTECTION ACT OF 1977
The following violations of this bill would also be deemed to be violations of the Tennessee Consumer Protection Act of 1977:
(1) Each companion animal sold, offered for sale, or advertised while the dealer or commercial breeder is unlicensed or has had such license suspended or revoked; and
(2) Each unfair or deceptive statement, material omission, or action taken by a commercial breeder.
Any commercial breeder who commits a violation of the Act as described above in (1) or (2) would be subject to a remedial civil penalty for each separate violation not to exceed $1,000. Upon reason to believe that a commercial breeder is selling dogs or cats while unlicensed, the attorney general, after consultation with the director of the division of consumer affairs, may issue a pre-filing request for consumer protection information in
accordance with the Act. Should a person deny the representative access to the premises, the attorney general would petition, a circuit or chancery court for an order granting access to such premises and records.
The provision of this bill making it an offense for any commercial breeder to kill or destroy a companion animal by any means other than euthanasia performed by a licensed veterinarian would take effect upon becoming law. All other provisions of this bill would take effect:
(1) Upon becoming a law for the purposes of notifying the public, making staff arrangements, and for promulgating rules and regulations; and
(2) On January 1, 2010, for all other purposes.
NOTE: In 44-17-708 (a)(4) of Section 1 of this bill, the language "title 4" should be "title 44."
Showing posts with label Tennessee. Show all posts
Showing posts with label Tennessee. Show all posts
Monday, March 16, 2009
TN- Brownie Troop Lobbies Lawmakers over Puppy Mill Bill
Brownie Troop Lobbies over Puppy Mills
Sixteen Tennessee citizens, most of them about four feet tall, lobbied lawmakers this week to require that dog breeding kennels be inspected. Brownie Troop 550 from St. Edward’s school in Nashville asked lawmakers to back a bill which targets “puppy mills” – mass producers of dogs.
Members of the troop say breeders should provide a specific level of basic care.
“We want them to have bigger cages so that they can move around and stretch, no wire bottoms so their feet don’t get stuck, let them visit a vet when they’re sick (have clean air!)…and have clean air to breathe.”
Last month, Sheriff’s deputies raided an alleged “puppy mill” in White County, seizing nearly 300 small breed dogs. It was the sixth such raid in a year.
Troop Leader Renata Dash says the Brownies usually are drawn to animal issues and commit not just their time but also proceeds from cookie sales to their causes. This bill, in particular, caught their attention.
WEB EXTRA
The bill is the “Commercial Breeder Act,” HB 386 Sontany/SB 258 Jackson. You can read it here.
Troop Leader Renata Dash said the girls chose the cause themselves.
“We’re currently working on a new Brownie program, called Brownie Quest, and to earn our third key, we need to try to make some change in our community, and they chose, like they typically do, an animal effort.”
Dash says this bill caught their attention.
“They thought that the meaning behind it was so important, just trying to set some basic standard of care for the animals, and have people be responsible for them, and they asked if we could work on it. So we have been working hard on it for several months and they’re very excited to be here.”
WPLN covered the February raid on a White County “puppy mill”.” Click here to see the story.
Sixteen Tennessee citizens, most of them about four feet tall, lobbied lawmakers this week to require that dog breeding kennels be inspected. Brownie Troop 550 from St. Edward’s school in Nashville asked lawmakers to back a bill which targets “puppy mills” – mass producers of dogs.
Members of the troop say breeders should provide a specific level of basic care.
“We want them to have bigger cages so that they can move around and stretch, no wire bottoms so their feet don’t get stuck, let them visit a vet when they’re sick (have clean air!)…and have clean air to breathe.”
Last month, Sheriff’s deputies raided an alleged “puppy mill” in White County, seizing nearly 300 small breed dogs. It was the sixth such raid in a year.
Troop Leader Renata Dash says the Brownies usually are drawn to animal issues and commit not just their time but also proceeds from cookie sales to their causes. This bill, in particular, caught their attention.
WEB EXTRA
The bill is the “Commercial Breeder Act,” HB 386 Sontany/SB 258 Jackson. You can read it here.
Troop Leader Renata Dash said the girls chose the cause themselves.
“We’re currently working on a new Brownie program, called Brownie Quest, and to earn our third key, we need to try to make some change in our community, and they chose, like they typically do, an animal effort.”
Dash says this bill caught their attention.
“They thought that the meaning behind it was so important, just trying to set some basic standard of care for the animals, and have people be responsible for them, and they asked if we could work on it. So we have been working hard on it for several months and they’re very excited to be here.”
WPLN covered the February raid on a White County “puppy mill”.” Click here to see the story.
Sunday, March 1, 2009
Puppy Mill Bills Across The Nation
Puppy Mill Bills Across the Nation
Contributed by Tammy Miller - Posted: February 27, 2009 4:58:24 PM
Thanks to Columbus Top Dogs.com out of Ohio, I'm getting regular legislative updates from its home state and from across the country.
There is a surprising level of activity on the issue of puppy mills. Here's the latest roundup on legislation that might affect mass breeders ...
Colorado - Bill introduced January 21 to limit the number of dogs breeders could maintain has been tabled.
If it comes back up, it could also mandate regular veterinary exams and prohibit those convicted of animal cruelty from gaining a breeder license.
Connecticut - The state could pass new regulations that allow double-the-money-back from stores that sell pets found to have chronic diseases or disabilities.
Illinois - Bill introduced January 19 know as Chloe's Bill. If passed it would create a Dog Breeder License Act, which would limit the number of breeding dogs to 20 for each breeder.
And -
- Prevent those convicted of felony animal abuse from obtaining a breeding license.
- Require dog breeders to house dogs in areas heated, cooled and vented - without wire flooring.
- Require stores and breeders to provide buyers with full medical histories and spay/neuter information.
Indiana - House Bill 1468 defines a commercial breeder those whelping more than 10 litters in any 12-month period. It might also ...
- Limit breeding dogs to 30 per location.
- Require registration with the state.
- Exercise once per day.
- Maintenance of sanitary conditions and proper ventilation and natural light.
- Require commercial breeder to offer a guarantee.
- Set veterinary care standards and limits on litters a breeding female can whelp each year.
This bill passed easily in the Indiana House and is set to go a Senate committee.
Montana - Columbus Top Dogs reports 189 dogs were seized from a mill in December, which prompted the introduction of an anti-hoarding bill.
Breeders with 20 or more adult dogs could be required to register with the state and submit to annual, surprise inspections.
Nebraska - Bill introduced on February 2 could by April, 2010 limit commercial breeders to 75 dogs over the age of four months. It could also set standards for breeding ages and establish standards for living conditions.
Ohio - A new bill is in the works similar to the one introduced in Indiana.
Folks in the animal welfare movement are hoping to introduce a ballot initiative in 2009 to ban dog auctions.
Oklahoma - The Oklahoma Pet Quality Assurance and Protection Act (HB 1332) has made it out of a committee vote and next goes to the full House.
This act mandates USDA standards for kennels sending out over 25 dogs, cats, kittens or puppies each year. Cage minimum standards are included.
Pennsylvania - A house bill has pass with a 192-0 vote. This one impose criminal penalties for medical procedures not performed by a licensed vet - including c-sections, tail docking and surgeries to stop barking.
It now goes to the Senate.
Tennessee - HB 386 would require any breeder with more than 20 animals to pay a $500 licensing fee to the state. More than 40 animals increases the fee to $1,000. A mandatory inspection program is also established with minimum standards for care and housing.
Another bill might prohibit public animal sales such as those in parking lots and along the roadside. It would also prohibit the use of live animals as prizes for contests, raffles or promotion and restrict sales at flea markets.
Washington - Bills are being considered to regulate large breeders and to set humane standards such as limits to the number of dogs and standards for care and housing.
Tom Grad
Contributed by Tammy Miller - Posted: February 27, 2009 4:58:24 PM
Thanks to Columbus Top Dogs.com out of Ohio, I'm getting regular legislative updates from its home state and from across the country.
There is a surprising level of activity on the issue of puppy mills. Here's the latest roundup on legislation that might affect mass breeders ...
Colorado - Bill introduced January 21 to limit the number of dogs breeders could maintain has been tabled.
If it comes back up, it could also mandate regular veterinary exams and prohibit those convicted of animal cruelty from gaining a breeder license.
Connecticut - The state could pass new regulations that allow double-the-money-back from stores that sell pets found to have chronic diseases or disabilities.
Illinois - Bill introduced January 19 know as Chloe's Bill. If passed it would create a Dog Breeder License Act, which would limit the number of breeding dogs to 20 for each breeder.
And -
- Prevent those convicted of felony animal abuse from obtaining a breeding license.
- Require dog breeders to house dogs in areas heated, cooled and vented - without wire flooring.
- Require stores and breeders to provide buyers with full medical histories and spay/neuter information.
Indiana - House Bill 1468 defines a commercial breeder those whelping more than 10 litters in any 12-month period. It might also ...
- Limit breeding dogs to 30 per location.
- Require registration with the state.
- Exercise once per day.
- Maintenance of sanitary conditions and proper ventilation and natural light.
- Require commercial breeder to offer a guarantee.
- Set veterinary care standards and limits on litters a breeding female can whelp each year.
This bill passed easily in the Indiana House and is set to go a Senate committee.
Montana - Columbus Top Dogs reports 189 dogs were seized from a mill in December, which prompted the introduction of an anti-hoarding bill.
Breeders with 20 or more adult dogs could be required to register with the state and submit to annual, surprise inspections.
Nebraska - Bill introduced on February 2 could by April, 2010 limit commercial breeders to 75 dogs over the age of four months. It could also set standards for breeding ages and establish standards for living conditions.
Ohio - A new bill is in the works similar to the one introduced in Indiana.
Folks in the animal welfare movement are hoping to introduce a ballot initiative in 2009 to ban dog auctions.
Oklahoma - The Oklahoma Pet Quality Assurance and Protection Act (HB 1332) has made it out of a committee vote and next goes to the full House.
This act mandates USDA standards for kennels sending out over 25 dogs, cats, kittens or puppies each year. Cage minimum standards are included.
Pennsylvania - A house bill has pass with a 192-0 vote. This one impose criminal penalties for medical procedures not performed by a licensed vet - including c-sections, tail docking and surgeries to stop barking.
It now goes to the Senate.
Tennessee - HB 386 would require any breeder with more than 20 animals to pay a $500 licensing fee to the state. More than 40 animals increases the fee to $1,000. A mandatory inspection program is also established with minimum standards for care and housing.
Another bill might prohibit public animal sales such as those in parking lots and along the roadside. It would also prohibit the use of live animals as prizes for contests, raffles or promotion and restrict sales at flea markets.
Washington - Bills are being considered to regulate large breeders and to set humane standards such as limits to the number of dogs and standards for care and housing.
Tom Grad
Thursday, January 29, 2009
TN- Agency trying to be "pro-active" raids a Dog Breeders Home
According to the Chattanoogan A dog breeders home was "raided" in a "pro-active" search for cruelty cases. The McKamey employees admit that this breeder turned out to be "an exception as far as the care of her animals. Her dogs are in great shape." Additional fees still imposed.
The full story:
Dog Breeder Says Home "Raided," Must Pay Almost $900 In Fees
posted January 28, 2009
An East Brainerd chihuahua breeder said her home was "raided" by officers
from the McKamey Animal Trust and she was required to pay almost $900 infees. Terry Boydston appeared before members of the City Council along with McKamey official Steve Mayo on Tuesday. Ms. Boydston she keeps 13 chihuahuas inside her home on Skyline Drive,including eight that are "breeders." She said on a Sunday morning "three trucks pulled up with six men. I was scared to death. The neighbors were all looking. They thought I was beingraided."
Ms. Boydston said she treats her dogs well and keeps meticulous records. She said she grooms the dogs for show appearances.She said she only sold one puppy last year, but will have to pay extra fees because that put her in the category of a dog dealer. She said she was also classified as a dog breeder and as a multiple pet owner. She said she had to pay the almost $900 and that will be an annual expense. She said she may have to sell more puppies in order to be able to pay the fee.
Ms. Boydston said she maintains a website that is mainly devoted to telling others how to properly care for their pets. Mr. Mayo said McKamey officials are concerned about "puppy mills," though he said Ms. Boydston turned out to be "an exception as far as the care of her animals. Her dogs are in great shape." He said there were 78 ads in that day's newspaper by dog dealers. Mr. Mayo said some dog dealers are cruel to their animals and his agency is trying to be "pro-active" to find such cases. Council members asked McKamey officials to consider whether there may be some duplication in fees and whether they should be so high on Ms. Boydston.
Councilwoman Carol Berz said, "There is a difference between a puppy mill and a dog breeder, and I think that our law does not differentiate enough."
RPOA Texas Outreach (501 C4)Responsible Pet Owners Alliance (501 C3)
900 NE Loop 410 #311-DSan Antonio, TX 78209
Website: www.responsiblepetowners.org
$15 Annual dues (January - December)To subscribe or unsubscribe,e-mail rpoa@texas.net.
The full story:
Dog Breeder Says Home "Raided," Must Pay Almost $900 In Fees
posted January 28, 2009
An East Brainerd chihuahua breeder said her home was "raided" by officers
from the McKamey Animal Trust and she was required to pay almost $900 infees. Terry Boydston appeared before members of the City Council along with McKamey official Steve Mayo on Tuesday. Ms. Boydston she keeps 13 chihuahuas inside her home on Skyline Drive,including eight that are "breeders." She said on a Sunday morning "three trucks pulled up with six men. I was scared to death. The neighbors were all looking. They thought I was beingraided."
Ms. Boydston said she treats her dogs well and keeps meticulous records. She said she grooms the dogs for show appearances.She said she only sold one puppy last year, but will have to pay extra fees because that put her in the category of a dog dealer. She said she was also classified as a dog breeder and as a multiple pet owner. She said she had to pay the almost $900 and that will be an annual expense. She said she may have to sell more puppies in order to be able to pay the fee.
Ms. Boydston said she maintains a website that is mainly devoted to telling others how to properly care for their pets. Mr. Mayo said McKamey officials are concerned about "puppy mills," though he said Ms. Boydston turned out to be "an exception as far as the care of her animals. Her dogs are in great shape." He said there were 78 ads in that day's newspaper by dog dealers. Mr. Mayo said some dog dealers are cruel to their animals and his agency is trying to be "pro-active" to find such cases. Council members asked McKamey officials to consider whether there may be some duplication in fees and whether they should be so high on Ms. Boydston.
Councilwoman Carol Berz said, "There is a difference between a puppy mill and a dog breeder, and I think that our law does not differentiate enough."
RPOA Texas Outreach (501 C4)Responsible Pet Owners Alliance (501 C3)
900 NE Loop 410 #311-DSan Antonio, TX 78209
Website: www.responsiblepetowners.org
$15 Annual dues (January - December)To subscribe or unsubscribe,e-mail rpoa@texas.net.
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