HB2843 HAG AM 3-18
The Committee on agriculture moves to amend the bill beginning on page 1, after the enacting clause, line 22, by striking the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 20. DOGS AND CATS.
§19-20-26. Commercial dog breeding operations.
(a) As used in this section:
(1) "Commercial dog breeder" means any person who maintains twenty or more unsterilized dogs over the age of one year and is engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration, except that any person who breeds only greyhound dogs is not considered a commercial dog breeder under this article.
(2) "Companion animal" means any domestic or feral dog under the care, custody or ownership of a person.
(b) No commercial dog breeder may breed dogs in the state without a valid business license issued by any locality, where required.
(c) A commercial dog breeder shall:
(1) Obtain a permit annually to operate as required by the county in which the commercial dog breeding operation is located. The county commission of the county is authorized to set a fee and deposit fees collected in the county revenue account in accordance with the following:
(A) Class I-Maintain twenty to forty unsterilized dogs over the age of one year at any one time;
(B) Class II-Maintain more than forty unsterilized dogs over the age of one year at any time;
(C) The fee for a Class I commercial dog breeding permit shall be an amount determined by the county commission, not to exceed two-hundred fifty dollars per year. The fee for a Class II commercial dog breeding permit shall be in an amount determined by the county commission, not to exceed five hundred dollars per year.
(2) Breed female dogs only:
(A) After annual certification by a licensed veterinarian that the dog is in suitable health for breeding;
(B) After the dog has reached the age of eighteen months; and
(C) If the dog has not yet reached the age of eight years;
(3) Dispose of dogs only by gift, sale, transfer, barter or euthanasia by a licensed veterinarian;
(4) Dispose of deceased dogs by cremation or burial in accordance with local, state and federal laws and regulations;
(5) Dispose of dog waste in accordance with state and federal laws; and
(6) Maintain, and make available on demand, accurate records for at least five years including:
(A) The person from whom the animal was purchased or obtained, including the address and telephone number of the person and the date obtained, or the date the animal was born in the operation, identification of sire and dame, and description of the animal;
(B) The person to whom the animal was sold, transferred, given or bartered, including the address and telephone number of the person and the date of transfer;
(C) A description of the animal, including the species, color, breed, sex and approximate age and weight;
(D) Any tattoo, microchip number or other identification number carried by or appearing on the animal;
(E) Each date that puppies were born to the animal and the number of puppies;
(F) Description and date given of all medical care, medications and vaccinations provided to the animal;
(G) The disposition of each animal and the date.
(d) (1) Any animal control officer or any humane officer employed by the locality where a commercial dog breeder resides or maintains breeding operations shall, upon receiving a complaint or upon his or her own motion, investigate any violation of the provisions of this section. The person conducting the inspection is authorized to enter any premises where animals may be bred or maintained during daytime hours. The investigation may include:
(A) The inspection of books and records of any commercial dog breeder;
(B) The inspection of any companion animal owned by the commercial dog breeder; and
(C) The inspection of any place where animals are bred or maintained.
(2) Any commercial dog breeder who is the subject of an investigation shall cooperate with authorities.
(3) Commercial dog breeding locations may be subject to inspection by animal control officers at least twice annually, in addition to inspections arising under subdivision one of this subsection, to ensure compliance with state animal care laws and regulations.
(e) It is unlawful for a commercial dog breeder to operate or maintain a controlling interest in any pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals or other similar entity or home-based rescue, that releases companion animals for adoption.
(f) It is unlawful for a commercial dog breeder to operate if he or she has been convicted of animal cruelty in any local, state or federal jurisdiction.
(g) Any commercial dog breeder who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500 or confined in jail not more than one year, or both fined and confined.
(h) All dogs in a commercial breeding operation must be registered and a tax paid in accordance with the provisions of section two, article twenty, chapter nineteen of this code through section nine, article twenty, chapter nineteen of this code.
(i) Nothing in this section exempts a facility licensed by the United States Department of Agriculture from compliance.
(j) Nothing in this section prevents any local, state or federal law enforcement agency from investigating animal cruelty in commercial dog breeding operations.
(k) Except for those facilities in existence on the effective date of this section, no commercial dog breeding operation may be located within 500 feet of a residence, except the residence of the owner or manager.

Adopted