Capitol Report

By Rep. Therese Sander, District 22

Why Missouri’s Proposition B is a Bad Idea

Why would we want to weaken current state regulations on animal care by passing an ill-advised Proposition that actually sends the state backwards in terms of care for our companion animals and at the same time destroys jobs and personal property rights?
Did you know that there are already twenty-two pages in Missouri’s Code of State Regulations (CSR 30-9.010-.030) providing for more detailed and stringent care guidelines for animals than what Proposition B will put in force?
A side by side comparison of Missouri’s eighteen year old Animal Care Facilities Act (Chapter 273 RSMO) which became Missouri law on August 28, 1992 and Proposition B reveals the following ways in which Prop B actually weakens current law.
Prop B puts an upper limit of fifty on the number of animals a dog breeder can own. But it only applies this stipulation to breeders. If you don’t breed dogs, apparently you can have however many you want, and the care regulations won’t apply to you at all. So much for the perception of caring about animals that HSUS tries to project. But if your business is the breeding of dogs, frankly, you’re screwed.
Why should government be in the business of putting a damper on free enterprise? Do we put limits on how many houses a realtor can sell, or on how many patients a doctor can see, or on how many acres a farmer can farm, or on how many franchises a businessperson can own! NO!
Prop B decreases the number of dog breeders that would fall under state regulation by increasing the number of intact females a breeder can have before regulations kick in. Right now, any breeder who has more than three intact females falls under those twenty-two pages of state regulations, is required to have a valid license, and be inspected by both the Missouri Department of Agriculture and the USDA at least once a year, with additional inspections as needed. Prop B wouldn’t regulate a breeder until they have more than ten intact females for breeding purposes.
Current state law and regulations require feeding animals at least twice a day where Prop B would only require it once a day.
Current Missouri law requires a range of temperatures between 50 and 85 degrees Fahrenheit. Prop B weakens it by lowering the range to 45 degrees.
Current Missouri law makes it a Class A misdemeanor to operate without a license, which merits up to one year in jail and a fine from $1000 to $20,000. Prop B makes violations a Class C misdemeanor punishable by up to 15 days in jail and a $300 fine.
Current regulations on licensed breeders already provide for specific dimensions on facilities. Prop B changes those dimensions just enough that every breeder will be required to completely remodel their facilities to comply.
Current regulations allow the common-sense practice of daily observation of animals to assess their health and well being by either a veterinarian or by someone trained to make these observations who has established a mechanism of communication with the attending veterinarian so that accurate information on problems is conveyed to the vet. Prop B would require “prompt treatment of any illness or injury by a licensed veterinarian.” So the caretaker couldn’t even treat an animal for a simple cold without bringing in the vet. Can you imagine the increase in the workload of our veterinarians? Can you imagine the increase in medical costs for the animal owners? How many of you go to the doctor for every sniffle or upset stomach your kids have? We don’t even do that with our own families!

Clearly, between the numbers limitation, the $300 fine for every single infraction (“Every violation of this section shall constitute a separate offense”) the remodeling that would be required and the requirement to pay a vet for every upset stomach and sniffle, the intent of Proposition B is to put such an onerous financial burden on licensed dog breeders that it will put them out of business. The ripple effect on the economy of Missouri will be tremendous as feed suppliers, retail stores, veterinary supply places, and so forth lose the business that dog breeders bring to our state economy. Need I say what will happen to the revenue for the State as the income of these people disappears?
Prop B would make every individual infraction a misdemeanor which requires the involvement of law enforcement where right now the enforcement is handled by the State Department of Agriculture. Misdemeanors have to be investigated and prosecuted, increasing costs to local law enforcement and straining a court system that is already overburdened with cases of child support, drug offenses, DWI, divorces and so forth. Prop B does nothing to provide a funding mechanism to help county budgets cope with the increase in workload that would be associated with its passage. Can we say “unfunded mandate?” Check in with me next week for a continuation of this discussion.
Until December 31st, you can contact me at 573-751-6566 or by email at therese.sander@house.mo.gov mailto:therese.sander@house.mo.gov. I’m in the phone book too.