HB 1451 Amendments (Breeder Bill)
The much anticipated amendments that were received on the Senate Floor Monday evening are now out. The highlights with analysis are below:
1. The law applies to someone who “sells or exchanges, or offers to sell or exchange, not fewer than 20 animals in a calendar year.”
This amendment narrows who it applies to by adding a puppy limit in addition to the eleven intact females provision.
2. There is an exemption for dogs “bred with the intent that it be used primarily for”
–Herding or other agricultural purposes;
–Hunting including tracking, chasing, pointing, flushing or retrieving game, or
–“Competing in field trials, hunting tests, or similar organized performance events.”
This amendment broadened the hunting exemption to including tracking and chase dogs. It added an exclusion for dogs that participate in hunting tests and other similar organized performance events. Notably, the dogs have to bred “primarily” for this use instead of “exclusively” for the use as in the original amendment.
3. The dogs described above will not be counted in determining the eleven intact females provision.
4. The original bill mandated that inspections be without notice. The amendment provides an option to do the inspection without notice if “necessary to adequately perform the inspection.”
5. The original bill allowed inspectors to access private homes. Now it states that the inspector “may not enter or access any portion of a private residence of a licensed breeder except as necessary to access animals or other property relevant to the care of animals.”
6. The amendment provides that the commission will establish the minimum information that must be maintained on each animal.
7. There appears to be an amendment limiting the requirement of euthanasia by a veterinarian to adult animals.
HB 963 (Cruelty Seizures)
This bill passed on May 24, 2011. The law provides for a jury trial on appeal that is available to all owners regardless of the court in which the hearing is held. It increased the appeal bond by including the costs of investigation and expert fees which is not required in appeals of any other civil cases. The law was not amended to include a jury trial from the outset in lieu of a hearing unlike other civil property cases.