Twin Bills Target Breeders in Tennessee
Posted: Wed Apr 08, 2009 3:56 pmThese bills affects those that breed hunting dogs. - Tim
Oppose HB 386 and SB 258
The Tennessee Legislature is considering two bills this session that would set up a state licensing system for commercial breeders. The identical bills entitled “Commercial Breeder Act” are HB 386, sponsored by Representative Sontany, and SB 258, sponsored by Senator Jackson. The House bill has just passed the House Judiciary Subcommittee on Civil Practice and Procedure and the Senate bill is being considered by the Senate Commerce Labor and Agriculture. HB 386 passed the subcommittee without amendments and must now be evaluated by the full Judiciary Committee before proceeding to a House vote.
In some significant ways, these bills resemble HSUS supported anti-breeder legislation that has shown up in several other states so far this year.
The Tennessee Commercial Breeder Act:
-Applies to dogs and cats.
-Defines a commercial breeder as anyone who possesses or maintains 20 or more adult female dogs “in whole or in part for the purpose of the sale of their offspring as companion animals”.
-Limits the number of dogs/cats a commercial breeder can maintain to 75 unsterilized “companion animals” over the age of 6 month.
-Requires annual licensing of commercial breeders and sets up a fee structure of $500 per year for those owning 20-40 adult companion animals, and $1000 per year for those owning 41-75.
-Empowers the Commissioner of Agriculture to grant licenses, oversee compliance with standards, rules and regulations, and suspend licenses for non-compliance or cruelty. Breeder will be given a 10-day written notice of suspensions and may be granted a hearing to contest. Violations would constitute a Class B misdemeanor punishable
by fine only.
-Licenses will only be granted to applicants of “good moral character” after a criminal background check and inspection of the premises.
-Allows commercial breeder premises and records to be inspected at all reasonable times by the Commissioner, a representative of the Commissioner, or a legally constituted law enforcement agency.
-Requires commercial breeders to file semi-annual reports on the number of dogs/cats in their possession, the number of dogs/cats sold including the names and addresses of who purchased them, and the number of dogs/cats received by the breeder that were not purchased including the names and addresses of who they obtained them from.
-Grants the Commissioner authority to confiscate animals for failure to license and hand them over to local or federal animal welfare agencies or humane organization, like ASPCA or HSUS, and order the breeder to pay a security bond that could be transferred to the agency/organization for the cost of care.
-Subjects violators to a fine of $1000 per animal sold, offered or advertised without a license.
While steps should be taken to identify and eliminate substandard kennels, this bill stretches beyond that goal and imposes a licensing system on commercial breeders that could ensnare hobby breeders and sportsmen, while proving virtually unenforceable and ineffective.
This Act reads as though its main preoccupation is to introduce a complex layer of state regulation that will generate revenue through licenses and fines, not directly improve actual care and conditions for animals.
Many of the definitions provided are unclear and inconsistent and consequently make hobby breeders, trainers, handlers, hunt clubs, boarding kennels and private rescue networks vulnerable to commercial requirements.
Oppose number limits, like the 75 intact dog/cat cap contained in this Act, because they are arbitrary, unscientific and have been found to be unenforceable and vulnerable to court challenges. Furthermore, they have never been successful in addressing irresponsible breeding or negligent rescue operations. Limits and caps drive pet owners and breeders underground where they are harder to oversee and prevent abuse.
There are more effective solutions available to help eliminate substandard kennels, from greater enforcement of existing
anti-cruelty and nuisance laws to educating consumers about how to seek out responsible and humane sources of healthy pets.
Please take a moment to send an email or call your senator and representative, using the talking points below, letting them know that you oppose these bills.
Politely explain that this legislation misses the mark. Offer your expertise as a Tennessee resident with hands-on animal experience who they can rely on instead of an out of state organization for their information about pet issues. Let them know that responsible Tennessee breeders -- dedicated dog and cat lovers with great subject matter expertise and experience raising, breeding, placing, rescuing and training pets -- are ready to share our knowledge and offer these alternative solutions to more effectively and reasonably address concerns about animal welfare.
Oppose HB 386 and SB 258
The Tennessee Legislature is considering two bills this session that would set up a state licensing system for commercial breeders. The identical bills entitled “Commercial Breeder Act” are HB 386, sponsored by Representative Sontany, and SB 258, sponsored by Senator Jackson. The House bill has just passed the House Judiciary Subcommittee on Civil Practice and Procedure and the Senate bill is being considered by the Senate Commerce Labor and Agriculture. HB 386 passed the subcommittee without amendments and must now be evaluated by the full Judiciary Committee before proceeding to a House vote.
In some significant ways, these bills resemble HSUS supported anti-breeder legislation that has shown up in several other states so far this year.
The Tennessee Commercial Breeder Act:
-Applies to dogs and cats.
-Defines a commercial breeder as anyone who possesses or maintains 20 or more adult female dogs “in whole or in part for the purpose of the sale of their offspring as companion animals”.
-Limits the number of dogs/cats a commercial breeder can maintain to 75 unsterilized “companion animals” over the age of 6 month.
-Requires annual licensing of commercial breeders and sets up a fee structure of $500 per year for those owning 20-40 adult companion animals, and $1000 per year for those owning 41-75.
-Empowers the Commissioner of Agriculture to grant licenses, oversee compliance with standards, rules and regulations, and suspend licenses for non-compliance or cruelty. Breeder will be given a 10-day written notice of suspensions and may be granted a hearing to contest. Violations would constitute a Class B misdemeanor punishable
by fine only.
-Licenses will only be granted to applicants of “good moral character” after a criminal background check and inspection of the premises.
-Allows commercial breeder premises and records to be inspected at all reasonable times by the Commissioner, a representative of the Commissioner, or a legally constituted law enforcement agency.
-Requires commercial breeders to file semi-annual reports on the number of dogs/cats in their possession, the number of dogs/cats sold including the names and addresses of who purchased them, and the number of dogs/cats received by the breeder that were not purchased including the names and addresses of who they obtained them from.
-Grants the Commissioner authority to confiscate animals for failure to license and hand them over to local or federal animal welfare agencies or humane organization, like ASPCA or HSUS, and order the breeder to pay a security bond that could be transferred to the agency/organization for the cost of care.
-Subjects violators to a fine of $1000 per animal sold, offered or advertised without a license.
While steps should be taken to identify and eliminate substandard kennels, this bill stretches beyond that goal and imposes a licensing system on commercial breeders that could ensnare hobby breeders and sportsmen, while proving virtually unenforceable and ineffective.
This Act reads as though its main preoccupation is to introduce a complex layer of state regulation that will generate revenue through licenses and fines, not directly improve actual care and conditions for animals.
Many of the definitions provided are unclear and inconsistent and consequently make hobby breeders, trainers, handlers, hunt clubs, boarding kennels and private rescue networks vulnerable to commercial requirements.
Oppose number limits, like the 75 intact dog/cat cap contained in this Act, because they are arbitrary, unscientific and have been found to be unenforceable and vulnerable to court challenges. Furthermore, they have never been successful in addressing irresponsible breeding or negligent rescue operations. Limits and caps drive pet owners and breeders underground where they are harder to oversee and prevent abuse.
There are more effective solutions available to help eliminate substandard kennels, from greater enforcement of existing
anti-cruelty and nuisance laws to educating consumers about how to seek out responsible and humane sources of healthy pets.
Please take a moment to send an email or call your senator and representative, using the talking points below, letting them know that you oppose these bills.
Politely explain that this legislation misses the mark. Offer your expertise as a Tennessee resident with hands-on animal experience who they can rely on instead of an out of state organization for their information about pet issues. Let them know that responsible Tennessee breeders -- dedicated dog and cat lovers with great subject matter expertise and experience raising, breeding, placing, rescuing and training pets -- are ready to share our knowledge and offer these alternative solutions to more effectively and reasonably address concerns about animal welfare.