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Animal Welfare Legislation2010 Missouri Legislative Session SummaryThe Missouri General Assembly adjourned on Friday, May 14, 2010 at 6:00 p.m. The following is a list of the Alliance priority bills and their outcome. Please refer to Animal Welfare Legislation on our Home page, for additional information.
Barriers to Voter-Initiated Petitions Status: FAILED HJR 86: This would place a proposed constitutional amendment on the ballot in November, 2010, intentionally attempting to create confusion and mislead voters, potentially repealing laws passed by the voters by invalidating the current law banning cockfighting in Missouri. It could also prevent voters from having a say on the Puppy Mill ballot initiative, even if it makes it on the same ballot in November. HJR 76 and 80: Upon voter approval, these identical proposed constitutional amendments requires a four-sevenths majority for voter approval of initiative petitions relating to harvesting bird, fish, game, wildlife, or forestry resources. Initiative petitions that establish, amend, or repeal sales taxes for conservation purposes will still require only a simple majority approval. By comparison, the anti-cockfighting initiative led by the Alliance received 63% of the vote and would not have passed a supermajority requirement. HJR 78: Upon voter approval, this constitutional amendment would require at least a three-fifths majority (60%) vote for future attempts to amend the Missouri Constitution. However, constitutional amendments that were adopted by the voters after November 1, 2001 and before November 1, 2010 could still be repealed by a simple majority vote. Horse Slaughter Status: FAILED Despite the fact that the federal government no longer permits the slaughter of horses for the purpose of selling horse meat for human consumption, this bill attempts to go around the federal ban. While the constitutionality of this proposal is questionable, the bill would allow the Missouri Department of Agriculture to regulate horse slaughter facilities and purports to compensate the USDA for inspecting such facilities. Missouri would be the only state in the country to have such a law. The legislation also includes language to prevent voters from passing any statewide ballot initiative involving "domesticated animals"--dogs, cats, horses, etc. Dog Fighting Status: FAILED Fortunately for the more than 400 tortured dogs that were rescued in this most recent federal raid, the U.S. District Court was permitted to make a timely decision about the fate of these dogs (adoption, foster care, rehabilitation, etc.). In contrast, as a result of the Missouri General Assembly’s failure to pass dog fighting reforms, our state law still requires the victim dogs to be held until all criminal proceedings are resolved. If charges are brought now in Missouri state court, the seized animals must often remain in isolation for many months and even years! Dog fighting is the only such animal cruelty crime that is currently exempted from this procedure in Missouri. Bills filed by Sen. Jane Cunningham of Chesterfield (SB 632) and Sen. Scott Rupp of St. Charles (SB 664) would fix this problem by strengthening Missouri's dog fighting statute. Both bills would allow a judge to hold a disposition hearing within 30 days of seizure to determine what happens to the dogs that are seized (i.e., adoption, foster care, rehabilitation). SB 632 and SB 664 would also increase the penalty for repeat spectators at a dog fight, giving law enforcement an important tool for cracking down on this barbaric “sport”. Rep. LeVota's HB 1689 would prohibit anyone from possessing dog fighting paraphernalia. This bill would also enhance the criminal penalties for all second or subsequent dog fighting offenses. Dangerous Exotic Animal Registry Status: PASSED Missouri has one the weakest laws governing the ownership and care of dangerous exotic animals. It is significantly weaker than the laws of all eight bordering states regarding the private ownership of such animals. As a result, Missouri has become a haven for disreputable owners and a hub for illegal sales of these animals. Large carnivores are often found neglected in unsanitary, unsafe situations, such as a tiger named Sheena, found in a raid on a Seneca puppy mill in 2009. Sheriffs cited the lack of adequate state protections as a contributing factor in two tragic tiger attacks that left Missourians severely injured in 2008 (Wesa-A-Geh-Ya in Warrenton; Predator World in Branson). Rep. Mike Sutherland (Warrenton) has once again filed his legislation for reasonable regulation of large carnivores. HB 1288 creates a comprehensive set of standards for owning exotic animals by requiring liability insurance, micro-chipping, caging restrictions, and other protections to ensure that these animals are treated well and that public safety is protected. In 2009, this bill was studied extensively and revised by the House Agriculture Policy Committee before passing by a 10-2 vote, and going on to pass the entire House of Representatives by a vote of 145 to 9. Unfortunately, it was stalled in the Senate. Sen. Tom Dempsey of St. Charles, a leader on exotic animal issues in the Missouri Senate, has filed SB 832 this year, which is nearly identical to the House bill. Healthy Pet Act Status: FAILED This bill would help owners of a newly purchased pet who discover latent medical problems. The bill would require pet dealers to have their dogs and cats examined by a veterinarian within 30 days prior to sale and to provide facts about the animal's breeding and medical history. Sadly, Missouri puppy mills currently churn out many sick animals because of the deplorable conditions in which they are raised and consumers are left with only the remedy of replacement, which is unacceptable to the families that have already become attached to the pet. This bill would allow the owner who discovers serious illness or hereditary problems within certain time frames to recover certain veterinary expenses from the pet dealer. Impoundment of Animals Status: FAILED This legislation would make it harder for law enforcement officers to take action to protect horses and other large animals that are suffering from abuse and neglect, by limiting the opportunities when sick or malnourished horses may be transported to a place where they can receive proper treatment. HB 1517 would prevent law enforcement from removing abused animals to a place of safety unless the animal is deemed to be in “imminent danger of loss of life”. This change in the standard would prevent impoundments in almost any situation. No seriously abused or neglected animal should have to wait until it is almost ready to die before it may be impounded. Many sick or starving animals often need special care that cannot be delivered on the spot. Sheriffs, prosecutors, and animal control officers are opposed to this bill because it would impose new hurdles to the process of impounding horses, even in cases when a judge has already issued a warrant based on evidence of serious abuse. Currently, local law enforcement may seek to impound abused or neglected animals, after seeking the advice of a local veterinarian. Yet this bill would interject state politics into a local law enforcement decision by requiring that animals must be examined by a Dept. of Agriculture vet before law enforcement could act. Nothing now prevents a sheriff or prosecutor from seeking the opinion of the Dept. of Agriculture before impoundment, but the law should not prevent law enforcement from relying on the opinion of a qualified local expert. This bill is attempting to solve a problem that does not exist. In 2005, the Missouri Supreme Court unanimously found that Missouri's current impoundment law is adequate and reasonable. The Alliance is not aware of even one horse impoundment that has been ruled improper. Although the proponents of this bill claim that mistakes could be made, no evidence has been presented of any situation in Missouri where a healthy horses has been wrongfully impounded. Puppy Mill Cruelty Prevention Act Status: FAILED This bill adds new minimum standards for commercial dog breeding operations, including requirements for daily exercise and annual veterinary examinations. Violations of this act would be a misdemeanor. Spay/Neuter Status: FAILED Requires persons adopting a dog or cat to pay a 50 fee which is refundable upon verification that the animal has been spayed or neutered. Any forfeited fees shall be used to promote programs that prevent pet overpopulation. Animal Control/Neglect Status: UNDETERMINED This bill creates the crime of failure to adequately control an animal if the owner intentionally or negligently fails to adequately control or restrain his or her animal and the animal bites or causes physical injury to a person. Anyone committing this crime will be guilty of a class C misdemeanor. Ban on Nonprofits / Hunting Dog Exemption Status: FAILED The Missouri Department of Agriculture would be prohibited from using the services of nonprofit humane societies when it coordinates raids of puppymills, or for any other purpose. This legislation would also create a large loophole from Animal Care Facilities Act regulation for any pet breeder that convinces the department that it is breeding dogs exclusively for "hunting purposes". Write your legislators about your concerns for animal welfare. To find your state legislators, enter your 9 digit zip code (xxxxx-xxxx) below and click the Find button. If you don't know your 9 digit zip code, use the Zip Code Lookup. |
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