Yesterday, the Agriculture Policy Committee of the Missouri House of Representatives unanimously backed a bill, HB 131, that would remove most of the requirements of Missouri's Proposition B. HB 131 appears to be a straight companion bill to SB 113, which got the endorsement of the Senate Agriculture Policy Committee a couple of weeks ago.
I won't talk a lot about HB 131 or SB 113. The bills themselves strip out most of the policies in the voter-approved Prop B. While some of the stipulations in the bill were quite good, a large number of them were actually really bad. I've been very vocal in my opposition to the 50 dog breeding limit (primarily because there appears to be no satisfactory answer to the question "what happens to the rest of the dogs?" - but also I think limiting the size of someone's business may be legally problematic), but there also appear to be a lot of problems with some of the criminal statutes as well. From the folks I've talked to, there appear to be a couple of different issues with the criminal codes (and again, I'm not a lawyer, but there are people smarter than I am telling me this stuff -- one of whom is a lawyer, so I'm going to relay this the best I can):
1) They require misdemeanor charges for any violations -- no matter how minor. Anyone who has ever worked in the restaurant industry knows that it is virtually impossible to pass an inspection with a 100% clean record, and imagine if that 1 minor violation resulted in a misdemenaor charge. Prop B also has a higher scale for second time offenders -- but with no time limit on the second time. So someone could get busted for a fairly minor infraction in 2012, and then, have 20 years of a clean record, and get busted for another minor infraction in 2032, and the scale would increase on them. This has been apparently pretty problematic in the legislature.
2) The other problem appears to be that the bill creates what are criminal activities, but then excludes shelters and rescue groups from violating the criminal code. For a lot of good reasons, the court systems don't like that, and basically have decided that if an activity is illegal, then it is illegal for anyone to do it, not just one group of people. Apparently this was part of the impetous for SB95.
These types of legal problems are exactly why the state retains the right to adjust laws passed through citizen's initiatives. While it isn't uncommon for errors in legislator-passed laws to be "cleaned up" after their passing, it certainly isn't uncommon for the same thing to happen in citizen's initiatives. This is why I think a lot of the cries about "this is a fight for democracy" are unfounded.
So there is little doubt that changes will be made -- and this is in spite of HSUS' continue approach that there should be "no compromises". But there have to be. Because the law is not workable in its current form.
So instead of taking the approach of actually coming up with compromise solutions, they continue to send emails to Missouri residents claiming we should insist that the law stay in place in spite of its problems.
It shouldn't be a big surprise that HSUS and Wayne Pacelle would be on the unreasonable side of this. This is, after all, the same Wayne Pacelle that insisted that the dogs confiscated from Mike Vick's kennels were the "most dangerous they had ever seen" -- in spite of the reports from evaluators that most were "pancake dogs" that would cower at the sight of new humans. This is the same Wayne Pacelle that thought these dogs should all be killed without an evaluation -- even though the majority are doing well now living as members of society. This is the same Wayne Pacelle that welcomed Mike Vick back with open arms, has said he is rehabiliated, and that he would be a good dog owner again some day -- in spite of Vick's handlers saying they don't care about the dogs and that he is frequently heard complaining about having to lecture people on the horrors of dog fighting.
So it shouldn't be a surprise if Pacelle, and HSUS, are found to be unreasonable.
But the problem is, that the people in the animal welfare community, the people who really care about animals, seem to be ok with letting HSUS be the voice for them when it comes to things like Puppy mill cruelty. And that needs to change.
Instead of making a positive impact for the animals, HSUS had created further divide between the legislators and those who are really trying to help the animals. Now, it seems that many of the state legislators - at the very sound of mentioning a need to fix the cruelty problems in commercial breeding facilities in the state - put up a wall and cast said person in the same category as HSUS. We're instantly typecast as being unreasonable and uncompromising.
We need to take back the voice of caring about animals away from HSUS, and bring it back to the people who are more concerned about that animals than they are about making policies (regardless of how poorly those policies are written).
We need to stand up for very respected men like Dr. Bud Herzog. Dr. Herzog is an EXTREMELY well-respected veterinarian in a suburban community here in Kansas City -- and has been for decades. I've had the pleasure of talking to Dr. Herzog when several area communities were talking about breed bans in the KC metro several years ago. He is a good man. Two days ago he wrote a letter to the Kansas City Star stating that there are problems with Prop B and that the wording of the law is misguided. Meanwhile the ususal, uncompromising internet trolls and HSUS activists again showed up in the comments section -- even accusing Dr. Herzog of just protecting his financial interests (which, to the best I can tell, he has no financial interest at stake here given the community in which he serves).
But it is the unreasonable among us that have become the most dominant voices. It is HSUS, who has the money to make themselves the dominant voice -- but only if we let them.
Fortunately, wiser heads are starting to prevail at the state legislature. Instead of just moving on with the two bills that strip down Prop B -- they are looking at making improvements.
The House Committee has also approved an amendment that will increase the annual fees for licensed dog breeders by $25 a year -- which would raise about $34,000 that the state then plans to use to investigate and shut down unlicensed breeding operations. Based on all of the reports (from the USDA, Better Business Bureau and the State Auditor's department), this single act alone would do more to solve the primary issues with illegal and unethical dog breeding in the state than Prop B. It's a good first step.
The problems with animal cruelty in commercial breeding kennels are a real problem in this state - -and they do need to be addressed. But I think taking a reasonable approach to solving the real problems will go much futher than the unreasonable, uncompromising approach that is being pushed by HSUS and Wayne Pacelle. The animal welfare community needs to take their voice back on this isssue...or risk having their voices completely ignored.
HSUS manages to advocate for chickens without making criminals out of people who would keep chickens as pets or farmers who care for their chickens humanely. Why are they so backwards on dogs?
Posted by: YesBiscuit! | February 16, 2011 at 09:36 AM
I'm not sure what the deal is here YB - the law is very poorly written (especially in comparison to the current law) -- but worse, HSUS's unwillingness to compromise and their grandstanding and cries of ruining democracy (even though they are quite aware that this is the political process here - -they've been down this road before) are really wearing thin....
Posted by: Brent | February 16, 2011 at 09:44 AM
great commentary. I find the problem with animal advocates is that they do not think critically. And they certainly don't read the laws they advocate for. They truly believe that if a law is "meant" to do something good, then it must "be" good.
That, and of course, a chilling groupthink and eagerness to denigrate anyone who challenges them.
Posted by: EmilyS | February 16, 2011 at 09:44 AM
My opinion of the $25.00 fee
http://puppies.burningbird.net/article/raise-fee-2500-will-take-care-all-problems
Posted by: Shelley | February 16, 2011 at 10:09 AM
Shelley,
I would agree that the $25 fee isn't enough -- but at least it's making a step in the right direction and addressing the real problem.
It doesn't seem like you're in much of a situation to have a beef with any of it as you have been one of the loudest supporters of the "no compromises" approach -- to the point of calling compromise "foolish"...which is leading to a hole of nothing.
Meanwhile -- you're also on record there calling out Dr. Herzog with the question "how many commercial kennels do you service?" even though you clearly don't know Dr. Herzog or even who he serves. Instead of accusing everyone of having some type of puppy-hating motive behind their belief that there are flaws in Prop B, maybe you could start by listening to their concernes and working toward a legitimate solution... because belligerence isn't helping.
Posted by: Brent | February 16, 2011 at 10:12 AM
If $25 wasn't enough why did H$U$ put in a bigger fee increase in the first place? They had the chance to right whatever they wanted - its obvious that they do not want to solve the "puppy mill" problem or that they actually care about the dogs of this state in any way.
I 100% agree with Emily on the critical thinking piece. Its embarrassing. I actually found myself explaining to a candidate last night that I was not an "animal lover" but someone concerned with effective policy and efficient use of tax dollars. (Get those two things right you save lives by default.)
And shelters/pounds should NOT be exempt from any laws pertaining to cruelty.
Posted by: MichelleD | February 16, 2011 at 12:26 PM
I can tell you what happens to some of those dogs, because they are being dumped. We took in 13 at the Rescue League and they were in pretty bad shpae. A pretty 5 yo cocker who lost her left eye because it went untreated. All of them matted. A surprising little min pin who is 15 yo!
Posted by: Dianne Rhodes | February 16, 2011 at 03:58 PM
There was never any intention of compromise. The talk of compromise is purely to mislead Missouri voters -- to try and shove in a repeal, but not call it a repeal.
And what do we compromise one? Decent cage space? Cages without wire floors? That it's ok to not provide continuous access to water for dogs? Dogs being sick and injured without vet care?
When you talk about "compromise" what you're saying is compromise on the care these dogs are given. No, of course I won't compromise.
The only "flaw" in Proposition B, according to the agribusiness folks, is that the people of Missouri actually dared vote on something they didn't dictate. How dare we.
Posted by: Shelley | February 16, 2011 at 04:44 PM
Shelley -- you know there is a lot more in the bill than that (and that having water is already a law).
This is what I'm talking about with belligerence....
I don't think the agri-business people are necessarily right on this either....and think there is a WORLD of compromise position in between where they are, and where Prop B stands.
But if you are unwilling to even have the discussion of the middle ground, and Pacelle is unwilling to discuss the middle ground, then I guess I wouldn't expect them to either.
And maybe if you were at the table to talk about compromise you could be a part of the discussion that $25 a year isn't enough to solve the problem....but if you need something from them, you can't just ask and ask -- especially when it's your group that wrote the law.
This is why I badly think that the animal welfare community needs to make their own voice for the better care for dogs -- instead of letting people like you and Wayne Pacelle be the loudest voices.
Posted by: Brent | February 16, 2011 at 04:53 PM
Sensible article. If better care of dogs was actually the goal, there would be compromise. Since the HSUS INTENDED to destroy the legitimate dog breeding industry, they cannot compromise. I could see some changes being made in this industry, and they would not be opposed by the majority of breeders, but Prop B demands unreasonable, illogical, and outrageous changes that no one can live with. Prop B MUST be changed and MUST include shelters and rescues.
Posted by: Rita | February 17, 2011 at 10:29 AM
Shelly, If prop B should not be fixed by our very intelligent legislators, explain what domestic means, and what solid flooring means. This is a HSUS attempt to kill off all dogs. Do you think anywone can afford to build a building the size of ten homes to house 50 dogs? Do you think that the 'bill writers' really do not know what domestic means? In this state of Missouri we have very good and smart legislators. Why would the so called humane shelters want to be exempt from a animal cruelty law? We all know why. Hope you can figure this out on your own, spelling it out does not seem to work for you.
Posted by: Edward | February 17, 2011 at 05:59 PM
How mny of the people who think Prop b is wonderful and will save all the dogs have read it and know that it will take away protection from all "hunting dogs", that includes about 70 AKc reconized breeds!!! READ IT do you relly want someone to start raising 500 golden retrievers and not be affected by this law?? Just another "little" loop hole.
Posted by: dorris | February 17, 2011 at 08:26 PM
Dianne Rhodes, Are you sure that these are the notorious puppymills dumpings? 15 Year old min pin needs superb care to become 15 years old. How do you know that this cocker's eye problem is from neglect?? sure it wasn't a nail or playing with his friends? Not very convincing. But go ahead and slam something that you really know nothing about. You need to back up the bs. People could blatently make accusations against you as they do the kennels. You don't want to be among the wrongly accused do you? It has happened to many good people courtesy of your Humane radicals.
Posted by: Edward | February 17, 2011 at 09:29 PM
I have never seen a 'matted' min pin. They have very short hair that doesn't tangle. Me thinks the lady lies......
Posted by: Rita | February 17, 2011 at 09:34 PM
At any rate, just hold that hard line, Shelley. You and HSUS will be responsible for further alienating the legislators and could even sway your own reps from siding with their rigid, stubborn voters. I think they will learn that the voters really didn't want Prop B as is, and the true supporters of B are just a handful of rabid animal rights radicals and the HSUS.
Posted by: Rita | February 17, 2011 at 09:39 PM
IMO most of the rabid followers of Prop B are not deep thinkers and have depended on the rhetoric of others to do their thinking for them.
I have been in rescue for over 20 years. I see too much in this whole
movement that can only hurt rescue. I also view Prop B as Gateway Legislation, way to easy to make worse as time marches on. I understand the frustration but that is not a reason to glam on to the first Anti Mill Legislation that comes down the pipes. You need clarity and easy enforceability. Pro B is neither. I am very disapointed with
the Prop B followers who feel if you are not for Prop B believer "you is agan em"
Posted by: Clark | February 17, 2011 at 10:02 PM
Clark, All appreciate your efforts in rescue. I have a kennel and have had abandoned animals brought to me and I have taken them in, and I actually fed and watered them! I do not appreciate being called terrible names from people who know nothing about me. They remind me how they have my name and address. What an awakening if these radicals did make their way to my home. Retired marines live here that are not amused at the radical animal hating HSUS. Rescue will be hurt in this mess. It is ashame that it could not really be for the animal, instead of the slaughter they have waiting for them. At this point all I can do is to be confident that they will not get one of mine. The animal cruelty title should be placed where it really belongs.Keep up your good work, God bless.
Posted by: Edward | February 17, 2011 at 10:28 PM
Edward,
I appreciate the passion with which you write. However, I think it is equally important for breeders who really do care about the animals to step up and also push for important changes that will lead to improvements (or shutting down) facilities that are not doing it right. This may include tweaking some of the current laws and increasing fees in order to fund better enforcement. But my hope is that the responsible breeder out there will come forward with help and solutions to help solve some of the problems that are out there.
Posted by: Brent | February 17, 2011 at 10:35 PM
Brent, We have turned in the only bad breeder that i have ever witnessed. It was a chicken coop thing with crowded animals in small chicken cages. maybe 2x2 foot size. This woman was not licensed, and it was a filthy mess. It haunted me until I could get ahold of my state inspector. I did not follow up afterwards because it was not any of my business what happened. To be honest, I did not want to know what happened to the dogs. It was in the state's hands. I felt I did my part, and they handled it. That is the best I can offer as a breeder.I do not have time to look around for nasty holes. My kennel keeps me busy over 15 hours a day, not including the surprise whelping hours. I do not want the job of looking at those places, it is not pleasant. I will not hesitate to make the state aware if i do find out about one. I have no problem with increased fees to help, but I am not responsible for these unlicensed, greedy, nasty, breeders. I will not take blame for some that I do not even know, would you?? I am not affiliated with them. If you mean tweaking the laws that I have to build the empire state building for a few dogs, common sense just went out the window. I do not make a living with the dogs, I am not rich, but I love my dogs and fully intend to keep them.
Posted by: Edward | February 17, 2011 at 10:57 PM
Edward, I do not think that people who care about their dogs should be punished for those who don't.
I also think there are ways to "tweek" the law that are legitimate tweeks that would improve things, but be very reasonable. And yes, I am afraid that there are too many unreasonable people on both sides of this equation....and people in the middle have to be more vocal in their support of responsible alternatives to either side of crazy.
Posted by: Brent | February 17, 2011 at 11:29 PM
Good job as usual, Brent.
Just as the legislators in Jeff City are showing a modicum of good sense, the city of St. Joseph is giving new meaning to the term "St. Joe Number Four". That was what we used to call the state's insane asylum that was located in St. Joe. I thought it was closed, but NOOOOOOOoooooo, it is open for business, and business is booming. Except now it's called "City Hell".
Animal control in St. Joe is pushing their own special brand of crazy on the city and has pushed for a municipal version of Prop B for the city of St. Joe, but this version actually DOES make Prop B appear "common sense" and reasonable. St. Joe is a charter city and can enact ordinances more stringent than state law, within reason.
In the St. Joe version hobby breeders, rescues, and boarding kennels have to comply with the Prop B regulations. A hobby breeder is someone that has more than three intact animals (cats included) for breedings OR EXHIBITION purposes. That's the cliff notes version. And you must have "unfettered access to the outdoors" to an outdoor space the size of Yellowstone Park for each animal. Oh, and then there's that part about giving animal control access to your home for inspections so they can check the dog's water dish for debris.
This ordinance has already had a first reading! Wow, private citizens must provide "Shangri-La" for their pets while the city's shelter looks like Dante's Seven Circles of Hell.
there are two licensed commercial breeders in St. Joe and my understanding is the women on the City Council are going to vote for this because they can't stand the thought of those dogs in cages. Gee, I wonder if the thought of the dogs in the city's incinerator suits them better?
The cherry on top of this sundae is the city's fund to provide low cost speutering is about out of money. the press release reads, and I am not making this up, that it's good that they can speuter all these animals because it keeps them from having to euthanize their offspring.
Okay, show me the way to St. Joe number four so I can check in. I can't take it anymore.
Posted by: kmk | February 18, 2011 at 01:00 AM
Oh, Shelley, if you think Missouri is so bad, MOVE! Planes leave daily. I'll help you pack. Why are you hanging around if it's so horrible here?
And if you don't live here, you don't have a dog in this fight so just go bother your own state.
Posted by: kmk | February 18, 2011 at 01:04 AM
If the powers that be in St. Joe follow through with their version of Prop B, we may see what kind of a disaster it would have been in the entire state. Maybe they will even outlaw dogs entirely in their little anti-animal paradise next year.
Posted by: Rita | February 18, 2011 at 08:10 AM
I guarantee you the City Council in St. Joe has not read the ordinance, and if they have, they've not digested the content. They're being sold a bill of goods by city staff with an agenda (which, by the way, violates the city's charter).
I was aware Animal control was making noise about convincing St. Joe to pass a municipal version of Prop B. I did not realize this ridiculous idea had any legs with city government. Out of nowhere there was an ordinance drafted, and it was getting a first reading before the full council.
We've seen second, third, and fourth class cities pass BSL in one meeting, with two readings of the ordinance at the one meeting and no prior discussion (Grandview, MO and Kearney, MO come to mind), but for a charter city to get something this egregious on the agenda with no prior committee discussion or work session discussion in unprecedented in my lifetime. Ordinances that affect people's livelihood and personal lives and interests are usually given more consideration in first class cities.
I have no idea how anyone earns degrees in Public Policy. Yuck.
Hopefully Brent will write one of his fabulous blog pieces about St. Joe! (*hint*)
hey, Shelley, are you packed yet, girlfriend?
Posted by: kmk | February 18, 2011 at 08:24 AM
Shelley can go to St Joe and live happily ever after. Missouri is her state by choice. She should not have to leave. We should not have to either.
Posted by: Edward | February 18, 2011 at 08:30 AM