Wisconsin Dog Owner Alert

House And Senate Sponsors Unveil 2009 Breeding Legislation

This kennel and breeding legislation will entrap many hobby breeders and private rescue groups in regulations that make it difficult to raise quality puppies in a home environment, home inspections without warrants, possible seizures of dogs without due process, and potentially devastating penalties.

• A dog breeder is defined as anyone who sells 25 or more dogs or puppies in a year. For many breeds of dogs, this would amount to raising only three or four litters, which entraps many serious hobbyists in the definition. Private rescue groups would be classified as dealers, if they transfer 25 or more dogs a year and are not recognized nonprofits.

• Dog breeders and dealers are required to be inspected and licensed by the state, with fees ranging from $250 to $1,000. The penalty for not getting a license can be up to $10,000, plus up to nine months of imprisonment. There are no criteria for determining guilt or innocence in the face of an unsubstantiated complaint, and an accused person would be placed in the unconstitutional position of having to prove her or his innocence.

• The Department of Agriculture, Trade and Consumer Protection is empowered to raise the license fees to balance its budget, and also is given a blank check to write regulations regarding all aspects of dog care, without oversight by the public or Legislature. This includes unspecified requirements for kennel sizes and construction, and unspecified daily exercise requirements. An advisory committee would be named to review regulations, but it is not given any power.

• The Department also is empowered to deny or revoke a license if, in the Department’s opinion, a person is not “fit, qualified or equipped” to have a kennel. No definitions for those terms are contained in the bill, which means it would be a purely subjective and/or arbitrary decision by state officials.

• A license may be suspended without notice or hearing if an inspector finds a condition that “threatens the health, safety or welfare of any animal” on the premises – not only dogs. This also is not defined and would be a subjective and/or arbitrary opinion of the inspector. Dogs may be seized if the inspector believes they are endangered, and placed with any licensed kennel (such as pounds and animal shelters) that will accept them.

• A summary suspension may be appealed only to the Department, which thus becomes the cop, prosecutor, judge and jury of a kennel owner.

• State officials can enter any property during business hours to inspect the kennel and facility, including a person’s home. There are no limits to the number of inspections that can be conducted. Kennel owners may be required to pay for follow-up inspections.

• All dogs and puppies must be inspected and certified by a veterinarian before they are sold. Several kinds of paperwork also are required for each dog.

The American Sporting Dog Alliance represents owners, breeders and professionals who work with breeds of dogs that are used for hunting. We also welcome people who work with other breeds, as legislative issues affect all of us. We are a grassroots movement working to protect the rights of dog owners, and to assure that the traditional relationships between dogs and humans maintains its rightful place in American society and life. We will not compromise on any legislation that takes away the fundamental constitutional rights of dog owners, or which reduces us to second-class citizens. The American Sporting Dog Alliance also needs your help so that we can continue to work to protect the rights of dog owners. Your membership, participation and support are truly essential to the success of our mission. We are funded solely by your donations in order to maintain strict independence.