Richard: We need to make sure we don't shut down dog breeders

Sen. Ron Richard, R-Joplin, in his weekly column, explains why he and his fellow senators decided not to listen to the vote of the people on Proposition B:

This past November, Proposition B was placed on the ballot in Missouri by a group of citizens through the initiative petition process. The measure made changes to Missouri’s laws regarding dog breeding in the state. Before the election was held, many raised concerns about the measure’s strict new regulations and their impact on legitimate dog breeders in the state as well as the possibility of other agricultural breeding operations being negatively affected. In Dade, Newton, and Jasper counties, 63 percent of voters voted against the measure, with voters in particularly rural areas like Dade County voting with 83 percent against the proposition. Statewide, however, the measure passed by a narrow margin of 51.6 percent.

This session, we have been working to make some changes to Proposition B. The goals behind our efforts are to protect dogs in the state, while still protecting the dog breeding industry in the state. Between 25 to 40 percent of dogs in the nation are bred and raised by dog breeders in the state, and we need to make sure we are not shutting down these legitimate businesses.

The legislation to accomplish these goals, Senate Bill 113, was given initial approval by the Senate this week. The bill changes the name of Proposition B from the “Puppy Mill Cruelty Prevention Act” to the “Canine Cruelty Prevention Act,” to more accurately reflect the goal of the legislation. The bill also removes a provision that was in the original proposition limiting the number of breeding dogs an individual can own to 50. The state does not regulate any other private industry this way, so it is not fair to only go after large dog breeding operations.

Since the goal of the legislation is to better protect dogs and puppies, the legislation does contain increased penalties for those breeders breaking the law. If the state veterinarian or an animal welfare official finds that violations of state regulations are taking place and not corrected, the director of the Department of Agriculture could refer cases to the Attorney General or a local prosecutor, who could then seek a restraining order, injunction, or a remedial order to correct the violations. Civil penalties of up to $1,000 per violation are also allowed under the legislation.

Senate Bill 113 also creates the crime of canine cruelty, a Class C misdemeanor, when someone repeatedly violates the act or when someone violates an agreed-to remedial order involving the safety and welfare of the animals. A second, or subsequent, offense is a Class A misdemeanor.

The legislation we approved this week works to make sure that the Department of Agriculture has the tools they need to go after unlicensed breeders and that Missouri has common-sense regulations in place to protect dogs and puppies, while making sure not to put an unfair burden on the industry. We have worked hard in the Senate to compromise and come up with legislation that will accomplish all of these goals.