PA Gov. Rendell Signs Anti-Cruelty Bill

Update Aug. 26, 2009:  Pennsylvania Governor Edward G. Rendell today signed into law H.B. 39.

"Last October, Pennsylvania took a big step forward in shedding its label as the ‘Puppy Mill Capital of the East.’ Today, that law is working and giving hundreds of dogs the opportunity to be adopted and have a better life with a loving family," said Governor Rendell, "More work remains, however, and that is why I’m signing this legislation today."

The new law establishes penalties for dog owners who engage in the following procedures on their own dogs: 

• Cropping, trimming or cutting off an ear;
• Debarking by cutting or injuring the vocal cords;
• Docking or cutting off the tail of a dog over five days of age;
• Surgically birthing a dog; and
• Removing the dewclaws from a dog over five days of age.

"H.B. 39 clearly defines painful and inhumane procedures on dogs by anyone other than a licensed vet as animal cruelty," said the Governor. "Until now, these cruel practices could be carried out by dog owners without proper training and without supervision by a licensed vet, which could lead to long-term injury, pain and, in some cases, death to these defenseless animals."

The dog’s owner must keep a record of the surgery, including the vet who performed it, as well as the location and date where the surgery was performed. The law further protects dogs by making it a 3^rd degree felony to steal an animal for the purpose of dog fighting.

Suspected unlicensed kennels can be reported through the Bureau of Dog Law Web site: http://www.agriculture.state.pa.us/agriculture/cwp/view.asp?a=3&q=126843 or by calling the Dog Law Tip line at 1-877-DOGTIP 1.

For a look at criticism of H.B. 39…..

For more on this, read Animal Law Coalition’s reports below.   

Update Aug. 19, 2009: The Pennsylvania House of Representatives has concurred in the Senate amendments to H.B. 39. This means the bill has been sent to Governor Ed Rendell who is expected to sign it into law. 

Update Aug. 12, 2009: This bill, H.B. 39, finally passed the Judiciary Committee and now has passed the Pennsylvania Senate by a vote of 47-0.  

The bill has already passed the House but returns there for approval of an amendment by the Senate.

The bill was amended in Committee to allow veterinarians to do "medically necessary" surgeries on tails of dogs  between 5 days and 12 weeks of age, and to remove a provision authorizing dog wardens to investigate and charge animal cruelty in counties where there is no humane officer.

This bill would eliminate some of the worst puppy mill abuses by requiring tail docking of dogs over 5 days old, surgical births, and debarking to be done with anesthesia by a licensed veterinarian.  

Update June 22, 2009: Just days after unanimously passing the Senate Agriculture and Rural Affairs Committee, H.B. 39 is now stuck in the Pennsylvania Senate Judiciary Committee. 

The bill has already passed the state House of Representatives.

H.B. 39 is a straightforward bill that would eliminate the worst of puppy mill abuses by requiring a veterinarian using anesthesia must perform any surgical birthing of dogs, tail docking of dogs over 5 days old, or devocalization of a dog to be done by a licensed veterinarian using anesthesia. The bill strengthens the current ban on cropping or cutting a dog’s ears without a veterinarian using anesthesia. 

Bill Smith, founder of Main Line Animal Rescue, pointed out in an email to supporters, "It takes an Amish farmer less than 5 minutes to ‘debark’ one of his breeding dogs by hammering a steel rod down her throat – and breaking her jaw and shattering her back teeth. 

"It takes 5 minutes for that same farmer/commercial breeder to cut off one of his dog’s tail – in a filthy, dark barn without anesthesia.  And it takes about the same amount of time for his thirteen year old son to tie the dog down and cut the puppies from her belly.  Five minutes more to crop her ears using a pair of rusted hedge shears – the dog squirming and crying out in unbelievable pain."

Smith continued, "So why is it taking [state] Sen. Stewart Greenleaf more than a week to decide that this is wrong?  When we called his office last week to ask why his [Judiciary]Committee is sitting on H.B. 39, we were told by his aide that Sen. Greenleaf is ‘reviewing’ the bill.  What’s to review?" 

Pennsylvania state Rep. Thomas Caltagirone, the sponsor of the bill in the House, also expressed dismay that the bill was stuck in the Senate Judiciary Committee. He noted the bill should have been on the governor’s desk by now, meaning he believes the bill should have become law by now.  

Update June 9: House Bill 39 was passed by the Senate Agriculture and Rural Affairs Committee today by a vote of 11-0. 

The bill was amended in Committee to allow veterinarians to do "medically necessary" surgeries on tails of dogs  between 5 days and 12 weeks of age, and to remove a provision authorizing dog wardens to investigate and charge animal cruelty in counties where there is no humane officer.  

For more on this bill, read Animal Law Coalition’s earlier report below. 

Original report: Pennsylvania H.B. 39 flew through the state House with no opposition by state representatives.

This bill would eliminate some of the worst puppy mill abuses by requiring tail docking of dogs over 5 days old, surgical births, and debarking to be done with anesthesia by a licensed veterinarian.  

You can imagine how the millers perform these veterinary procedures. Caesarians involve a knife and some fishing line for suturing. Tail docking and debarking, just the knife. The suffering is horrific.  

But now this bill, H.B. 39, is stalled in the state Senate as breeders try to tack on an amendment to allow non-veterinarians to crop dogs’ ears. That procedure is already illegal in the state unless it is performed by a licensed veterinarian using anesthesia. 18 Pa. Stat. Sec. 5511.

The breeders want to crop their own dogs’ ears. The American Kennel Club supports the amendments, probably envisioning the money they can make by offering ear cropping services or ear cropping classes.