ALERT
SB 370 – Breeding and Care Requirements
We hope you have sent messages to NH House members opposing HB 1498 (if not, do so immediately) because there is a new challenge. SB 370, imposing dog breeding and care requirements, is scheduled for a public hearing on January 19th. It is important that Senators hear your concerns before the hearing. Also, taking time to testify or sign in opposition at the public hearing is highly recommended. SB 370 is very similar to HB 1624 that was requested by HSUS in 2010. HB 1624 was defeated in the House before reaching the Senate. Many senators are unfamiliar with the problems that this bill imposes on responsible owners and breeders.
Special note to those who received the AKC legislative alert on SB 370: The AKC’s alert is correct regarding the content of the bill and we appreciate their advocacy assistance. But, DOGS is not seeking to amend the bill. Our state’s current laws and regulations are appropriate. DOGS is asking you to urge Senators to kill the bill.
CRITICAL CALL TO ACTION
SB 370 – Dog Breeding and Care Requirements.
PUBLIC HEARING: Thursday, January 19th at 10:45am
Senate Executive Departments and Administration Committee
Room 100, Legislative Office Bldg., Concord, NH
A copy of the bill can be obtained at : http://www.gencourt.state.nh.us/legislation/2012/SB0370.html
SB 370 BILL SUMMARY:
SB 370 creates new sections in the statutes that seek to restrict dog ownership and breeding, and specify standards of care and treatment regardless of breed, health, age or function of the dog.
Dog Breeding Requirements:
- Restricts ownership to no more than 50 intact dogs over the age of 6 months.
- Breeding cycles limited to 2 litters in any 18 month period per female.
Care requirements for those with 10 or more females for the purposes of breeding:
- Debarking, tail docking and surgical birth performed only by a veterinarian using general anesthesia.
- An annual veterinarian examination.
- Veterinarian treatment, immediately, for any illness or injury.
- Euthanasia performed only by veterinarian.
- Continuous access to potable water.
Facility Requirements:
- Constant and unfettered access to both outdoor and indoor enclosures.
- Indoor enclosure requirements
- Solid floor not and no stacking of crates.
- Temperature between 45F and 85F
- Space and movement specifications (ex. 1 ft. headroom for enclosures).
Enforcement
- Allows the agent of a humane society or SPCA to investigate a complaint (no training required).
- $1000 administrative fine can be levied for each violation (separate from animal cruelty charges and penalties).
DOGS POSITION – SB 370
The current state laws and regulations provide appropriate protection. Increasing funding for enforcement would assist in demonstrating that the current laws and regulations are valuable protections. NH has a commercial kennel license which covers any breeder who breeds 10 or more litters or transfers 50 or more puppies. Breeders on this scale are required to get a license from the Department of Agriculture, meet all the requirements of AGR 1702 which cover everything from food, to sanitation, to the size and construction of pens, to vaccine schedules and to the disposal of hazardous waste, and are inspected twice yearly. If the Department’s care and condition requirements are not met or the cruelty laws, RSA 644:8a, are violated, the Department has the ability to close the kennel down. Additionally, all NH dog breeders, no matter how many dogs they own, are required to give a health certificate issued by a licensed veterinarian when transferring a dog.
DOGS opposes SB 370 because it imposes unnecessary, inappropriate and costly burdens on responsible dog owners and breeders which include the following.
SB 370 limits the number of intact dogs in one’s custody. This requirement is a restraint of commerce and a violation of constitutional rights. For example, there are no requirements as to how many cows, goats or sheep one may possess if one is breeding them for sale or transfer. Nor is there a limitation on the number of neutered dogs that one may have. Current state law and regulation correctly focuses on the condition of the dogs not the quantity of animals. Moreover, SB 370 by treating altered and unaltered dogs differently presents the potential for litigation and violation of Fourth Amendment equal protection and due process clauses. Several courts in other jurisdictions have agreed that limit laws are unjust.
SB 370 expands the AGR 1702 regulations by adding adequate caging and exercise requirements that may be inappropriate for some breeds. Unfettered and constant access to both indoors and outdoors is neither safe nor appropriate for all dogs. The enclosure restrictions are unreasonable. For example, requiring one foot of headspace above a dog would make it a violation for many dogs to be enclosed in a car or crate for the day. As many will recognize, the facility requirements are particularly unreasonable for sled or hunting dogs.
SB 370 imposes the requirement of costly immediate veterinary care for any illness or injury involving one of the 10 or more females owned for breeding purposes. The bill fails to recognize that responsible breeders have first aid skills and basic medical information to deal with common illnesses and injuries. This requirement will only serve to harass a responsible dog owner who is able to administer first aid for minor things such as their dogs’ minimal cuts or the infrequent bout of diarrhea.
SB 370 restricts breeding and other procedures without consideration for the dog. The bill imposes arbitrary limits on the frequency of breeding females. The bill’s requirements do not take into consideration the health of each dog. It mandates a specific medical treatment by requiring that a veterinarian administer general anesthesia when performing a surgical birth, debarking operation, or tail docking. The decision of what, if any, anesthesia a veterinarian administers during any procedure should be made by a trained medical professional, in consultation with the dog’s owner. The requirement for surgical birth performed under anesthesia may be a health risk for some dogs. Similarly, with the docking and debarking requirements, the requirements do not take into consideration the potential impact of anesthesia on certain dogs. Overall, these requirements are a health threat to dogs and these decisions should be made by the owner and the veterinarian not dictated by statute in order to best address the dog’s needs.
SB 370 creates requirements and enforcement provisions that are unfunded and provides for the ability of untrained agents of Humane Societies or SPCA’s to investigate complaints on private property without proper warrants or verification that complaints are valid. It will result in harassment of dog owners, breeders and others who maintain 10 or more dogs.
SB 370 is “cookie cutter” legislation that is being proposed in other states by nationally funded groups that are seeking a universal solution to “puppy mills” without regard to each breed’s needs, the individual state’s current laws and the rights of responsible breeders. Over the past three years, this type of “cookie cutter” legislation has been proposed in numerous states. In NH it has been deemed “inexpedient to legislate” by the House in 2010 and the Senate in 2008. Most states have turned it down and the few that enacted it are revisiting it to resolve problems that resulted. NH’s current laws and regulations appropriately address all of the concerns expressed in the bill.
SB 370 focuses on enforcement of unrealistic requirements without making provisions for funding the enforcement. Moreover, the bill overlooks the real need in the state. New Hampshire does not have a proliferation of “puppy mills”. The proponents of SB 370 would better serve their constituency by dedicating resources to educating NH residents on proper dog care and what to look for when purchasing a dog.
ACTION NEEDED
You are encouraged to attend the public hearing on January 19th and sign in opposing the bill or to testify. BEFORE January 19th, it is important that you email or send a note to the members of the Senate Executive Departments Committee (see list below) asking them to vote SB 370 “inexpedient to legislate”. Choose one or two of the points noted above and rewrite it in your own words explaining how the bill would impact you as a responsible breeder, owner, hunter, musher, or etc.. Do not copy the points verbatim as it will have little impact if everyone’s note looks the same. Also, don’t forget to send a note to your local state Senator asking them to oppose the bill. You can find your local state senator at http://gencourt.state.nh.us/Senate/members/wml.aspx
Please copy Yvonne on your notes and emails as well as the response you get from Senators. Yvonne Nanasi, DOGS Legislative Coordinator, is available to review your letter or testimony. Contact her at yln @ comcast.net .
Mailing List for Senate Executive Departments & Administration Committee
Senator Sharon Carson, Chairman
Statehouse
Room 107
107 North Main Street
Concord, NH 03301
Phone: (603) 271-1403
Email: Sharon.carson@leg.state.nh.us
Senator Fenton Groen, Vice Chairman
Statehouse
Room 107
107 North Main Street
Concord, NH 03301
Phone: (603) 271-2609
Email: fenton.groen@leg.state.nh.us
Senator Sylvia Larsen
Statehouse
Room 120
107 North Main Street
Concord, NH 03301
Phone: (603) 217-3207
Email: sylvia.larsen@leg.state.nh.us
Senator Jim Luther
Statehouse
Room 105-A
107 North Main Street
Concord, NH 03301
Phone: (603) 271-4151
Email: jim.luther@leg.state.nh.us
Senator Raymond White
Statehouse
Room 107
107 North Main Street
Concord, NH 03301
Phone: (603) 271-2609
Email: raymond.white@leg.state.nh.us
