Bill Passed in Ohio
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  1. #1
    momofalab's Avatar
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    DefaultBill Passed in Ohio

    Has anyone read this garbage? I can't believe they would pass a bill like this. Obviously those that passed this bill never owned a dog.

    Mind you, this bill passed yesterday!

    COLUMBUS, OH – A critical committee hearing is scheduled for tomorrow (June 24, 2009) on legislation that we believe would make it impossible for anyone to raise dogs in Ohio. The House Agriculture and Natural Resources Committee will take testimony on House Bill 124 beginning at 9:30 a.m. in Room 018 of the State Capitol Building.

    We cannot be too emphatic about the devastating nature of HB 124 and its impact on people who raise dogs in Ohio. It is very radical animal rights legislation straight from the heart of the Humane Society of the United States (HSUS), which is the political mouthpiece for this movement to gradually eliminate all animal ownership in America.

    If dog owners do not act decisively and in large numbers, they will have only themselves to blame if this terrible legislation is passed into law. Immediate action is required to save the dogs that you love. No excuse is good enough for failing to act now.

    Some people may think we are exaggerating and using scare tactics. We are not, and we will prove it in this report. First, we will summarize the major provisions in HB 124, and then we will provide a direct link to the actual text of this legislation so that people can read it for themselves and prove that everything we are saying is true.

    Ohio dog owners have every reason to be scared – very scared! And they have every reason to be very angry because this legislation denies innocent dog owners the basic rights and legal processes that are guaranteed to someone charged with murder or rape.

    You will no longer truly own your dogs if this legislation passes. They will become, in essence, wards of the state.

    Here are some of the major provisions of HB 124 and its companion bill, Senate Bill 95:

    A Kennel Authority would be created to write regulations, administer the law and control virtually everything done by dog owners. The Authority’s politically appointed Board of Directors would be heavily weighted toward animal rights activists. Only one person who raises dogs and one person representing pet stores would be on the Board. There is no legislative or judicial oversight over the decisions of this board.

    This committee would be given a free hand to design and implement all of the rules for kennel licensing, inspections and paperwork, as well as all construction, maintenance and management requirements..

    The board will require every kennel owner and “any other person” who sells even one dog to obtain a tax vendor number. You must pay sales tax for selling even one dog or puppy.

    Each applicant for any kind of kennel license will be subjected to a criminal background check by the state Attorney General.

    Every license applicant must post insurance or a bond to cover the state’s cost of enforcing the law at the kennel.

    The Board is given a completely blank check to write “any other requirements and procedures” to define and enforce the law. People with animal rights beliefs will have total control over the lives of dog owners.

    Anyone who buys, offers to sell, sells or gives away nine or more dogs a year is intensely regulated and licensed as a dealer, which is called a “dog intermediary” in the legislation. Anyone who sells even one dog or puppy to a pet store also is considered a dealer.

    Anyone who raises more than nine litters of puppies a year, or has 40 puppies a year, must be licensed as a “breeding kennel” and subject to extremely intense regulation. For some breeds, only four litters a year could produce 40 puppies. A “breeding dog” is defined as any dog that is not spayed or neutered, regardless of the dog’s actual purpose in a kennel.

    Anyone from out of state who sells a dog or puppy to an Ohio resident must document the entire history of the dog, and provide a veterinary health certificate. This will make it very difficult for Ohioans to obtain a dog from another state.

    Tail docking, ear cropping and dewclaw removal (or the removal of any other claw) can be done only by a veterinarian. Owners no longer could dock tails of newborn puppies, as has been standard practice for centuries. Owners also could be prosecuted if a dog accidentally rips off a claw, such as when hunting.

    Kennel owners would no longer be allowed to treat even minor ailments or injuries, possibly even including parasites, which are now defined as a disease. All treatments must be done by a veterinarian.

    No one can sell a dog at any public place, which would include field trials, dog shows and other canine gatherings. All sales must be at the kennel facility.

    The state is required to inspect “any facility…upon request of a member of the public” or a public or quasi-public official. That means that animal rights activists can demand and get state inspections of the home and property of anyone who has dogs, without making or proving any allegation of a violation, and without producing proof of any kind. This will lead to continual and frightening harassment of law-abiding dogs owners by animal rights groups, and the state must respond to all requests for inspections, even if they are obviously bogus.

    Inspectors are given absolute and incontestable power to enter and inspect “any public or private property” to see if a violation of the law has occurred. There is no requirement for a search warrant or probable cause (a warrant is an option method, but is not required). Anyone who refuses to allow an inspection, or hinders it, can be assessed for the entire cost to the state to investigate and prosecute, including wages and expenses for an unlimited number of state officials.

    Any dog may be impounded if the state has probable cause to believe any violation of the law has occurred, but probable cause is not required to presented before a court, as is guaranteed by the Bill of Rights. A hearing before the state agency is set within five days, and the dogs could be permanently forfeited to face adoption or euthanasia. A dog owner cannot appeal to a local court, but can appeal only to the Environmental Division of the Franklin County Municipal Court, and the kennel owner must post a bond. The state agency thus becomes the cop, prosecutor, judge and jury.

    Civil penalties ranging up to $15,000 can be imposed administratively (with no appeal) for violations, and separate penalties can be assigned for every dog in violation for every day it is in violation. Thus, a dog owner can be destroyed financially without ever getting his or her day in court, even for minor or accidental infractions.

    The state “shall deny” a license to any person who has violated any part of the law or any rule, and that includes paperwork deficiencies, accidental mistakes and minor technical errors.

    The state “shall deny” a license to anyone who “does not have the expertise or capacity to comply” with the law or regulations. That gives the state absolute power to judge the qualifications of anyone to own a dog, and no objective standards are defined. The decision is entirely subjective. There is no appeal. This also means that most poor and working class people could be denied licensure simply because they don’t have enough money to meet all of the state’s insatiable demands. This is a very real issue in today’s troubled economy, and Ohio is among the states hardest hit by the current deep recession.

    No puppy under 12 weeks of age can be sold unless the litter is registered with the state. This essentially creates a database of every dog in Ohio, which many dog owners think will be used someday to mandate pet sterilization or ban certain breeds of dogs.

    The law provides exacting specifications for kennel sizes, construction and temperature control, and allows the Board to create even more stringent regulations. These rules effectively prohibit a dog owner from raising puppies inside his or her own home, and also effectively ban outdoor housing in the winter for most breeds of dogs (it may exclude hunting and sled dogs, but there is some ambiguity in the language) if the water cannot be kept unfrozen 24 hours a day. The use of crates to train dogs kept in a home also is effectively banned.

    Except for dogs that are continuously confined to a kennel, any dog that is found without a collar and license tag (even inside the owner’s home) can be seized, sold or killed. This would appear to include puppies, as the word “dog” is not defined.

    No person or group who is licensed as a dog rescue would be allowed to breed any dogs or raise any puppies. This would destroy the breed rescue network in Ohio, as most of the participants actually raise the breed they are helping to rescue.

    And reams of time-consuming paperwork and compliance documentations would be required, and minor omissions or errors could cause a license to be denied or revoked.

    It is the belief of most that the terms of HB 124 that are outlined above will combine to force almost every kennel in Ohio to close its doors. The combination of stringent rules, unreasonable liabilities and draconian enforcement measures will either result in kennels being closed by the state, or kennel owners being scared and intimidated into quitting to avoid the probability that the state would destroy their lives.

    Please do not take our word for it. We want you to read this legislation yourself and form your own conclusions.

    Here is a direct link to the actual text of HB 124: http://www.legislature.state.oh.us/b...?ID=128_HB_124 . Please read it.

    The American Sporting Dog Alliance regards this bill as an unconscionable perversion of the American concept of justice that shows utter disdain for the Bill of Rights, individual privacy or the concept of private property.

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    Interesting. I hope the bill fails. Anytime there is language such as:

    Inspectors are given absolute and incontestable power to enter and inspect “any public or private property” to see if a violation of the law has occurred.

    Makes me think it is not good legislation. It seems to me that this would violate the unreasonable search and siezure provision in the Constitution. ANd requiring them to wear collars inside??!! I stopped doing that long time ago. When no one is at home, it is simply too dangerous.

    I was surprised that the Humane Society was involved. This sounds like something more up PETA's alley.

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    MidwestGirl is offline Senior Member
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    Gee I thought we lost some JLer named Bill.

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    Yeah I posted about this the other day. Unreal.



    Laura





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    HSUS are very extreme radicals. Their goal is to eliminate all pet ownership, indeed all pets in America. They have money to hire powerful lobbyists. Every pet owner in Ohio should call their representative and senator and keep calling until this is defeated.

    Although I wouldn't mind seeing a bill to ban sales of live animals to pet stores passed.
    “If I know every single phone call you’ve made, I’m able to determine every single person you’ve talked to; I can get a pattern about your life that is very, very intrusive. And the real question here, is what do they do with this information that they collect – that does not have anything to do with al-Qaeda? And we’re gonna trust the president and the vice president that they’re doing the right thing? Don’t count me in on that.”
    Joe Biden, 2006

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    One by one our freedoms are being taken away. I am just praying that in 2010 the majority of Americans will wake up and vote these asshats out of office. The ENTIRE lot of them needs to go, both parties.

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    Dang... sucks because I agree with a lot in there, but certainly not other parts... argh.
    Kate
    Baloo - 5 year old black lab
    Peanut - 7 year old minpin
    Monster - 3-ish year old frenchie/jack, rescue
    We're Superdogs!


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    As I said before, it looks like Ohio wants to crack down on puppy mills. Unfortunate for Breeders that more regulation is required, and higher fees must be paid, but if you can offer an alternate solution, I am willing to listen.

    The language of the message above was extremist and designed to make you fear regulation. It's the oldest trick in the political playbook. It was written by Breeders who (understandably) do not want regulation of their industry and don't want to have to pay higher fees to function. I read through that bill the first time this was posted and it didn't look extreme to me at all. It establish a quorum to control Kennels in Ohio, established the authority to enforce it. It laid out what a kennel is and what is not.

    The sad part is that any breeder worth his or her salt would probably WANT this legislation. It will shut down puppy mills, or make them WAY harder to operate, and in doing so, legitimate breeders would profit from an influx of business.

    If you don't agree with me, then that's fine. But go out and read the bill yourself and see what you think. Don't just agree because of some lobbyist's letter designed to provoke a knee-jerk reaction in you. The stakes are too high.

    Kevin
    Last edited by kdryan; 06-27-2009 at 01:54 AM.

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    not only will this hurt breeders, it will kill rescues.



    Laura





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    kdryan is offline Senior Member
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    Laura, could you please show me what part of the bill will do that? As far as I can see, it will not kill rescues; it simply requires that they be licensed as such. On top of that, there is no charge for the license. Seems fair enough to me.

    Sec. 956.06. (A) No person shall operate an animal rescue for dogs without a license to do so issued by the director of the kennel control authority in accordance with rules adopted under section 956.03 of the Revised Code. No license application fee shall be charged to an animal rescue for dogs. The director shall maintain a database of all persons that are licensed to operate an animal rescue for dogs in this state.

    (B) No person shall be licensed as or operate an animal rescue for dogs 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.
    Last edited by kdryan; 06-27-2009 at 07:47 AM.

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