HSB 227

A state license, permit, or certificate is generally referred to as an authorization. A commercial breeder includes a person engaged in the business of breeding dogs for sale and a dealer includes a person engaged in the business of buying dogs for resale. A pet shop includes a person purchasing and selling dogs.10A). These include providing adequate feed, adequate housing facilities (primary enclosures), sanitary control, or grooming practices (to the extent that the lack of such practices causes adverse health or suffering). It also includes providing the dog veterinary care.10B) and may review its records. Alternatively, DALS monitors a permittee to determine whether the permittee is complying with required standard of care requirements.2C) which is reserved for use by DALS to administer and enforce the Code chapter’s provisions. The fee for a certificate of registration is $75 and the fee for a state license or permit is $175. NEW TYPES OF QUALIFIED COMMERCIAL ESTABLISHMENTS. The bill creates a number of new types of commercial establishments required to obtain state licenses and therefore are subject to inspection and recordkeeping requirements. The first type of state licensee is a commercial breeder which is a person who breeds five or more dogs and is in the business of selling a specified number of dogs during a 12-month period.8). A breeder other than a commercial breeder is not subject to state regulation. The second type of state licensee is a commercial dealer who is engaged in the business of buying for resale five or more dogs or cats or both during any 12-month period.7A).7). _____ commercial breeder, or commercial dealer, or another commercial transporter at any time during a 12-month period.9). A transporter other than a commercial transporter is not subject to regulation.2(22D)). NEW COMMERCIAL ESTABLISHMENT —— COMMERCIAL RESCUE. The bill also creates another type of commercial establishment that is not classified as qualified subject to special regulation. A commercial rescue is not associated with a pound or animal shelter, acts as a custodian of or more dogs or cats, or both, at any time during a 12-month period, and accepts dogs or cats from five or more persons, not counting family members, or who has taken custody of five or more dogs or cats which were abandoned.8A). COMMERCIAL BREEDERS —— STATE LICENSE APPLICATION., surety bond), and a criminal background check. DALS is required to disapprove an application if the applicant has violated statutes or rules involving animal welfare. FEES. With one exception, the fees for the new types of commercial establishments are the same as for state licensees or permittees. However, for commercial breeders, the fee equals the ordinary fee for a licensee (base fee) plus an additional amount calculated according to the number of puppies that the commercial breeder sold during the previous licensing period.2B). _____ DISCLOSURE STATEMENTS., a veterinary certificate issued by a veterinarian).8). A qualified commercial establishment must maintain a record of disclosure statements for three years. COMMERCIAL BREEDERS —— STANDARD OF CARE REQUIREMENTS.10). A number of these special requirements govern the size and construction of the primary enclosure which become effective on and after January 1, 2022. The new standard of care requirements govern dogs maintained in both indoor and outdoor environments. Other requirements govern how dogs, including dams, are confined, and opportunities for dogs to exercise and interact with other dogs and humans. DALS may adopt rules providing additional standard of care requirements based on a number of factors, including accepted management practices and veterinary medical standards. COMMERCIAL BREEDERS —— MICROCHIPS.5). COMMERCIAL BREEDERS —— INSPECTION REQUIREMENTS. The bill requires DALS to inspect the business premises of a commercial breeder at least once during each 12-month license period.10B). UNIFORM ENFORCEMENT.11A). COMMERCIAL BREEDERS —— DISCIPLINARY ACTION BASED ON A FAILURE TO PAY TAXES.10D). COMMERCIAL BREEDERS —— CIVIL PENALTIES.12A). A civil penalty applies up to $500 per day for a violation. For a housing violation, the civil penalty is assessed for the first day, but not for the subsequent days to allow for correction according to a departmental plan. Under the bill, DALS must determine if a corrective plan is appropriate.12A). If a commercial establishment fails to make a correction, DALS must notify the county sheriff and county attorney having jurisdiction over the matter and if there are multiple failures to correct, DALS must also report the matter to the attorney general. COMMERCIAL BREEDERS —— CRIMINAL PENALTIES. Generally, a commercial establishment that fails to meet a standard of care is guilty of a simple misdemeanor and DALS seizes and disposes of any animals which have been mistreated. The bill provides that a commercial breeder who fails to meet a standard of care is guilty of a serious misdemeanor if the failure causes a dog to suffer serious injury or death. _____ person has previously been convicted of causing an animal serious injury or death. In addition, DALS is authorized to confiscate, impound, and dispose of all animals maintained by the commercial establishment.4). A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.