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Posted by WBA on August 6, 2009, 4:38 pm
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North Carolina Breeders Bill Could be Heard on House Floor Today: Immediate Action Needed!
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[Thursday, August 06, 2009]
Today, North Carolina Senate Bill 460 was assigned to the House Committee on Commerce, Small Business, and Entrepreneurship. The House Committee on Finance will also consider SB 460 if the Commerce committee approves the bill. Both the American Kennel Club and the North Carolina Federation of Dog Clubs continue to oppose SB 460. Because the North Carolina legislative session is nearing its end, the proponents of SB 460 will attempt to fast-track this bill through the legislature, potentially voting on the bill as soon as this evening. Therefore it is imperative that all concerned responsible dog breeders and owners in North Carolina immediately contact the members of the committees, and their elected representatives, and let them know that you oppose SB 460.
There are a number of problematic provisions in the latest version of the bill, including:
Vague definitions of "commercial breeder" and licensing requirements. Commercial breeder is defined as someone who owns 15 or more intact females "of breeding age" and 30 or more puppies. It remains unclear whether these numbers refer to the number of dogs on the property at one certain time, or if this is cumulative over the course of a year. Additionally, kennels or establishments that operate for the purpose of boarding or training hunting, sporting, herding, show, or working dogs are exempted from the licensing requirements. However, the bill does not exempt the breeders of such dogs. It is also unclear if someone who trains show dogs, but also sells puppies, is exempt from the licensing requirement.
New, problematic legislative findings. The new version of SB 460 inserts eight legislative findings into the bill. We believe that some of these findings are based on unsubstantiated claims. Furthermore, the findings claim that the bill does not interfere with a person's right to participate in hunting and working activities with their dog. The actual bill, however, states that only those who board or train dogs for show, hunting, working, etc. are exempted. Those that breed these dogs are still subject to the provisions of the bill.
Directive for the NC Board of Agriculture to develop standards of care with no public input. SB 460 calls for the Department of Agriculture to develop care and condition policies for dogs belonging to commercial breeders. This does not allow for any input from dog breeders and others who are experts in animal care.
Unclear enforcement provisions. It appears that the bill seeks to exclusively empower localities to investigate violations. However, should the bill be enacted, this provision would appear in a section of existing law that empowers the State Director of Animal Welfare to investigate violations. These contradictory provisions could effectively create an unfunded mandate in which localities would be responsible for the cost of state-generated enforcement activities.
Create an online "registry" of all commercial breeders in North Carolina. If undertaken, this will result in an intrusion of the rights of hobby (show, hunting, working, etc.) breeders. By featuring only licensing requirements and no clear methods for enforcement of undefined care requirements, the bill will do nothing to protect the health or welfare of dogs in North Carolina. North Carolina’s existing animal welfare statutes, as currently enforced, do a better job of protecting dogs than the provisions of SB 460 will should the bill be enacted.A better alternative to SB 460 is the continued enforcement of existing North Carolina law while all stakeholders work together on appropriate future legislation that will encourage better education of all responsible dog breeders and continued enforcement of existing law.
WHAT YOU CAN DO:
All concerned responsible dog breeders and owners in North Carolina are encouraged to immediately contact the members of both the House Committee on Commerce, Small Business, and Entrepreneurship and the House Committee on Finance. Respectfully yet strongly let them know that you oppose the unnecessary Senate Bill 460, and urge them to do the same.
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