Ohio SB 95 and HB 124

Bill Analysis

April 28, 2009

S.B. 95 and companion bill H.B. 124

128th General Assembly

(As Introduced)

BILL SUMMARY AS PREPARED BY THE AMERICAN CANINE ASSOCIATION, INC.

1. Changes the existing code from responsibilities of “registered kennels” to any kennel or person who sells one or more puppies to a pet store or distributor at least one a year.

2. Allows animal rescues to be immune from most of the provisions of the law, yet allows them to purchase puppies for resale. Note: All rescues and private humane societies are self proclaimed “non-profit organizations” with no restrictions of salaries paid to their board members, officers, or employees.

3. The Attorney General of Ohio shall conduct a background investigation to determine if the pet store has ever had any code infraction (including paperwork errors). If so, any violation is a misdemeanour in the first degree. Privately owned rescues and humane societies are exempt.

4. Kennels shall be required to have insurance and a security bond payable to the designated Authority. This Authority does include your local animal rights organization that has the local “dog catcher” contract. Privately owned rescues and humane societies are exempt. The mandated bond levels for kennels of the proposed legislation are:

A) Minimum of $5,000.00 for up to 25 dogs.

B) Minimum of $10,000 for 26 to 50 dogs.

C) Minimum of $50,000.00 for 51+ dogs.

5. If your local animal rights group feels that you have violated any provision of the act, you will be charged with a first degree misdemeanour, your dogs are seized by them and they can demand payment of your bond to them. Privately-owned rescues and humane societies are exempt from inspecting each other.

6. Requires that all litters of puppies be registered with the Authority before the puppies are 90 days old. The cost of registering a litter with the Authority is $25.00. It is a first degree misdemeanour if you sell any puppy that is not registered with the Authority, your license shall be revoked, your dogs shall be confiscated, and demands for your bond are then permitted under the Act. Privately owned rescues and humane societies are exempt.

7. A person who is proposing to operate a new regulated dog breeding kennel, at least ninety days prior to the operation of the regulated dog breeding kennel, shall submit an application for a license to the director. The application shall be submitted in the form and with the information required by rules adopted under section 956.03 of the Revised Code and shall include with it at least all of the following:

(a) An affidavit signed under oath or solemn affirmation of the number of adult dogs that are kept, housed, and maintained by the applicant at the location that is the subject of the application;

(b) An estimate of the number of puppies to be kept, housed, and maintained and of the number of litters of puppies or total number of puppies to be produced during the annual term of the license;

(c) Photographic evidence documenting the facilities where dogs will be kept, housed, and maintained by the applicant. The kennel control authority may conduct an inspection of the facilities that are the subject of an application in addi- tion to reviewing photographic evidence submitted by an applicant for a license.

(d) A signed release permitting the performance of a background investigation regarding the applicant in accordance with rules adopted under section 956.03 of the Revised Code;

(e) The names and addresses and any other identifying information required by rules adopted under section 956.03 of the Revised Code of all persons who will have custody of or control over dogs kept by the applicant.

8. During the month of December, but before the first day of January of the next year, a person who is proposing to continue the operation of a regulated dog breeding kennel shall obtain a license for the regulated dog breeding kennel from the director for the following year. The person shall submit the application to the director on or before the last day of November of the year proceeding the year for which the license is sought. Privately owned rescues and humane societies are exempt.

9. Minimum size restriction of pens shall be as follows for indoor outdoor facilities (Privately owned rescues and humane societies are exempt.):

Dogs in Pounds Inside Pen Attached Outside Pen

Under 20 pounds 4’ X 4’ 4’ X 8’

20 to 50 pounds 4’ X 4’ 4’ X 12’

Over 50 pounds 4’ X 4’ 4’ X 16’

10. Facilities that are totally indoors must now have outdoor exercise areas. Each dog must be exercised two hours per day outside in any types of weather. Minimum size restriction of pens shall be as follows (Privately owned rescues and humane societies are exempt.):

Dogs in Pounds Inside Pen Outside Exercise Pen

Under 20 pounds 4’ X 4’ 10’ X 10’

20 to 50 pounds 4’ X 4’ 20’ X 20’

Over 50 pounds 4’ X 4’ 40 X 40’

11. If the Authority feels that, in their opinion, you are “incompatible in their observation”, you will be charged with a first degree misdemeanour, your dogs are seized by them and they can demand payment of your bond to them. Privately owned rescues and humane societies are exempt.

12. “No person shall be licensed as or act as or perform the functions of a regulated dog intermedi-ary who has been convicted of or pleaded guilty to violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government or has been convicted of or pleaded guilty to violating more than once section 2919.25 of the Revised Code or an equivalent municipal ordinance, law of another state, or law of the federal government.” This means that if you have had any code infractions locally, with the county, state, or USDA. Yes, this includes paperwork errors.

13. For regulated dog breeding kennel:

(a) One hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce at least nine, but not more than fifteen litters or, if fewer than nine litters are produced, at least forty puppies are produced in a calendar year at the kennel;

(b) Two hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce at least sixteen, but not more than twenty-five litters;

(c) Three hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce at least twenty-six, but not more than thirty-five litters;

(d) Five hundred dollars if breeding dogs at the regulated dog breeding kennel annually produce at least thirty-six, but not more than forty-five litters;

(e) Seven hundred fifty dollars if breeding dogs at the regulated dog breeding kennel annually produce forty-six or more litters.

(f) For a regulated dog intermediary, five hundred dollars.

14. Keep or confine more than three adult dogs in one enclosure, crate, or cage.

15. Keep or confine a female dog in heat in the same enclosure, crate, or cage with a sexually mature male dog except for the time period that is necessary for breeding the female dog.

16. Keep or confine a dog in an enclosure, crate, or cage without providing a solid, nonporous surface, free from moisture or faeces, that comprise at least fifty per cent of the floor of the enclosure, crate, or cage. The solid surface may include soft bedding. Female dogs with litters and puppies twelve weeks of age or less shall be housed in an enclosure, crate, or cage with a solid, nonporous surface, free from moisture or faeces, that comprise one hundred per cent of the floor of the enclosure, crate, or cage. Nonporous surfaces shall not be made of metal.

17. On and after 270 days after the effective date of this section, no person shall sell a dog at an auction or conduct an auction for the purpose of selling dogs. However, no out-of-state resident shall sell a dog at an auction conducted in this state on and after the effective date of this section. Privately owned rescues and humane societies are exempt.

18. The Authority may also place civil penalties against the kennel, distributor, or pet store for any perceived code infringement.

19. The proposed legislation denies kennel owner, distributor, and pet stores due process of law guaranteed under the Ohio and United States constitutions.

20. The proposed legislation denies private property and civil right of kennel owner, distributor, and pet stores as guaranteed under the United States constitution.

There are many other sections and new provisions in S.B. 95 and H.B. 124. To see the entire text of these bills click here: SB 95 and HB 124.

Ohio’s S.B. 95 and companion bill H.B. 124 have additional provisions that will have a negative impact the dog breeding, sporting, and pet retailing communities. These groups are now held to a level of perfection not allowing for any “human error” or misinterpretation of a code. If so, they they shall loose their entire livelihood!

The true drive behind this and other legislation is for the animal rights activists to be the only locally available source of puppies and pets to the public, thus benefiting economically in a multimillion dollar industry for Ohio alone.