Mo. lawmakers approve overhauling dog-breeding law

JEFFERSON CITY, Mo. (AP) -- Missouri lawmakers capped an emotional debate about dog breeding and gave final approval Wednesday to legislation that replaces many of the provisions in a law approved by voters to tighten regulation of the industry.

And representatives from Southeast Missouri universally voted for the legislation. Republicans Ellen Brandom of Sikeston, Shelley Keeney of Marble Hill, Donna Lichtenegger of Jackson, Wayne Wallingford of Cape Girardeau, Steven Tilley of Perryville, Billy Pat Wright of Dexter and Democrat Steve Hodges of East Prairie all voted yes on the legislation.

Critics of the law approved by voters said it would wipe out breeders by forcing costly renovations to facilities and effectively limiting how many dogs the businesses could sell. Backers of that law argued Missouri's existing laws were too weak, allowing breeders to keep dogs in stacked cages and exposed to excess heat and cold.

The state legislation would eliminate a cap on owning 50 breeding dogs and roll back various new requirements for the dogs' living conditions. For example, the bill replaces a requirement that indoor dog pens have sufficient space for animals to turn around in a circle and stretch out freely while lying down with a rule that dogs have appropriate space, depending on the species, as set forth in regulations by the Department of Agriculture.

The legislation would allow civil penalties and a misdemeanor charge for repeated offenses that pose a substantial risk to the health and welfare of their animals. It removes provisions that allow a misdemeanor charge for any violation. The state legislation also increases licensing costs up to $2,500 instead of $500, and would impose an additional $25 annual fee to finance state efforts to crack down on unlicensed dog breeders.

Lawmakers said the bill does not repeal a law approved by voters but boosts oversight for breeders and makes state rules easier to enforce. Some also raised concerns that the voter-approved law could later be used to limit agriculture.

"We're actually trying to take care of the dogs," said Sen. Brian Munzlinger, R-Williamstown.

The House approved the dog legislation 85-71 after the Senate passed the dog-breeding legislation last month. The bill now goes to Gov. Jay Nixon, who declined to say Wednesday whether he thought the voter-approved initiative went too far or whether he would sign the bill into law.

"We'll look at it very carefully and make a decision on what I think is best for our state," Nixon said.

Voters in November approved a ballot measure called Proposition B that was backed by several animal advocacy groups. The dog-breeding ballot measure passed with 52 percent of the statewide vote, as support in areas around Kansas City and St. Louis outweighed opposition in much of the rest of the state.

Representative from a couple of the animal groups that pushed for the ballot measure expressed frustration Wednesday with lawmakers and urged Nixon to veto the bill. If the governor lets the bill take effect, they indicated they would seek to put the dog-breeding issue back on the ballot in 2012 by collecting signatures for a public referendum on what lawmakers passed.

"Missouri has for a long time been known as the puppy mill capital of America," said Cori Menkin, the senior director of legislative initiatives for the American Society for the Prevention of Cruelty to Animals. "By effectively repealing Proposition B that reputation is going to be remain intact."

Missouri has 1,319 licensed commercial dog breeders according to the state Department of Agriculture. The voter-approved law is to take effect this November, and the bill passed by the Legislature would change it before then.

Advocates estimate that dog breeding is $1 billion industry in Missouri that also involves paying veterinarians to care for animals and buying dog food and other supplies.

Rep. Tom Loehner, who handled the legislation in the House, said the version approved by voters would cost jobs. He said many breeders do a good job and take pride in their work.

"Don't go out and punish everyone in this industry whether they're doing a good job or not," said Loehner, R-Koeltztown.

Critics have said that it was wrong for the Legislature to overrule voters.

"It basically overturns the Proposition B that was put forth. That is a travesty of justice, a travesty of our democratic process," said Rep. Margo McNeil, D-Florissant.

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Dog breeding is SB113

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Legislature: http://www.moga.mo.gov