Hoskins: Fixing An Unenforceable Law

This week’s Capitol Report will be somewhat lengthy as there are a number of items I want to cover in more detail than I usually cover in this report.

This morning, I was supposed to be in three committee hearings at the same time. It would have been four hearings but fortunately for me, the Budget Committee was cancelled. We worked very hard in Budget this week so I am pleased to report we have completed hearing testimony. Next week, Budget will begin the amendment process. That will be lengthy discussion.

So now let me report on what happened this morning in those other three committees. This morning, I testified on HB 45 in the Senate Ways and Means Committee. This is the bill known as the Big Government Get Off My Back Act. We passed this bill in the House on January 20^th with a vote of 136-21 to provide tax relief to small business. I reported details of my bill when it passed out of the House several weeks ago, so now it is moving through the Senate process. I’ll continue to keep you posted as it makes progress in the Senate.

Also this morning, my HB 202 to freeze the legislative per diem at current levels passed out of the Committee to Downsize State Government. HB 202 passed by consent 14-0. Consent is the process to move bills to consideration by the full House more quickly. It can only be used when the entire committee is in support of the bill. I look forward to this being placed on the House calendar.

Over the last several weeks, I have received a number of contacts from constituents concerning proposed changes to Proposition B. This is the Puppy Cruelty Act initiative petition that passed last November. The majority of those contacting me were opposed to any legislation making any changes.

I agree that dogs and puppies or any animals should not be abused. The problem is that the provisions in Proposition B, as written by the Humane Society of the United States, are currently unenforceable. House Bill 131 is a reasonable solution to provide funding to implement the provisions in Prop B and fix the language to make the provisions enforceable by the Missouri Department of Agriculture. HB 131 does not repeal Proposition B.

The Humane Society of the United States (HSUS), an out-of-state special interest group, authored the wording in Prop B. HSUS admitted during testimony in the House Committee meeting that some provisions in Prop B need to be tweaked. I agree that Proposition B must be changed so Missouri can legally enforce the provisions in it.

Here are some questions with my answers about Proposition B and HB 131:

1. Should dogs be fed once or twice in a 24 hour period?
   Prop B requires dogs to be fed every 24 hours. HB 131 increases the requirement to twice every 24 hours, unless dietary reasons provide for otherwise.
   
2. Should a veterinarian visit a dog breeding facility once or twice a year?
   Prop B requires one veterinarian visit. HB 131 increases the requirement to twice a year.
   
3. What government program do we take funds from to implement Prop B?
   There is a finite amount of funding available to support the operation of the state. Should we reduce funding to Education, Medicaid, Meals-on-Wheels, etc. to fund the investigators needed to implement Prop B? Prop B did not provide funding to institute the program. HB 131 provides a funding mechanism to implement the provisions without taking money away from Education, Medicaid, Meals-on-Wheels, etc.
   
4. Should unlicensed/exempt dog breeders comply with the same rules as licensed dog breeders?
   Prop B only deals with licensed dog breeders, however, most problems occur with unlicensed/exempt dog breeders which are not covered in Prop B. HB 131 requires unlicensed/exempt dog breeders to comply with the same provisions as licensed dog breeders.
   
5. Should retail pet stores, animal shelters and dog trainers have to comply with Prop B?
   The authors of Prop B (HSUS) exempted themselves and these other groups from complying with the provisions in the new law. HB 131 removes that exemption and requires these groups to comply with the same rules to ensure dogs are not abused.
   

My intent here is to clarify some of the differences between the legal language in Proposition B and HB 131. I encourage you to visit www.house.mo.gov and read HB 131 to learn more about the provisions it contains. Again, HB 131 does not repeal Proposition B.

Ways to Keep in Contact

Keep sending in those surveys! I am thrilled to have so many coming back. For the first time this year, constituents can respond to the survey on-line and save postage by accessing my State Representative page on the House website at www.house.mo.gov. I appreciate the input of my constituents. In a few weeks, I’ll report the results of my survey.

On March 24, I will be continuing my ongoing custom to hold public meetings at each of the three Johnson County branches of the Trails Regional Libraries. The libraries make a convenient location to provide a Legislative Update and meet with constituents. I find these events a great opportunity to share what’s happening in Jefferson City as well as hear about things important to you. The Legislature will be on spring break that week so I am taking the opportunity to give you a personal report of the status for the first half of this year’s session. I will begin at Knob Noster at 9:30 a.m., continue with Warrensburg at 12:30 p.m., and host the final one of the day at 2:30 p.m. at Holden. There will be more specific information as the event nears. In the meantime, help spread the word. Besides talking about legislation, I’m open to hear opinions on issues important to you, too.

Reminder

I consider communication with my constituents a high priority. My weekly Monday morning chat at 8:45 a.m. with Woody at KOKO Radio on AM 1450 is one of the best ways I’ve found for you to literally “hear” from me. Tune in every Monday morning at 8:45 to hear the latest concerning District 121.

Please share this report with anyone you feel would be interested in this information. It is genuinely a privilege to serve as your state representative.