JEFFERSON CITY • Gov. Jay Nixon and the Legislature rushed a compromise bill regulating dog breeding into law on Wednesday, overturning an initiative passed by state voters in November.
After months of debate, the developments unfolded in a single day: Nixon signed a measure wiping out most of the voter-approved law known as Proposition B; the Legislature approved his alternative regulatory framework; and the governor held an evening news conference to sign it.
The result was a new law that repeals Proposition B's limit of 50 breeding dogs per business but sets new standards for veterinary care and housing, doubling the size of cages by January.
Nixon praised warring groups and rural legislators for "good will and hard work" that he said would settle the long-simmering controversy, ensure humane treatment of dogs and preserve Missouri's agricultural interests.
Asked what he would say to Proposition B supporters who felt their votes didn't count, Nixon said voters had provided the impetus for the compromise.
"What I tell them is, but for the action of the public, there wouldn't have been the force that was necessary to coalesce people to make these changes. ... Their votes did matter," he said.
Because the Legislature declared the measure an emergency act, it became effective immediately upon Nixon's signature. Critics said that move was designed to prevent another vote by the public.
The Humane Society of the United States and the American Society for the Prevention of Cruelty to Animals had hoped to trigger a referendum on the Legislature's bill and reinstate Proposition B.
Under the state constitution, a bill passed by the Legislature can be submitted to a referendum if 5 percent of voters in six of the nine congressional districts sign petitions within 90 days of the end of the legislative session. Usually, laws don't take effect for 90 days, so the bill can be suspended until after voters have a say.
But because the Legislature, by a two-thirds vote in each chamber, attached the emergency clause, Proposition B proponents would have to go to court and get a judge to rule that the act didn't address a real emergency.
"An emergency clause makes it extremely difficult if not impossible to pursue a referendum," said Jon Lovvorn, general counsel for the Humane Society of the United States. "It is still theoretically possible. We're considering all the options."
Jim Moody, who lobbies for the American Society for the Prevention of Cruelty to Animals, said, "The emergency clause was an attempt to take away constitutional rights, and it was orchestrated by the governor."
The deal brokered by Nixon and his agriculture director, Jon Hagler, split animal welfare organizations. The two national groups that spent millions of dollars on Proposition B said the compromise failed to adequately protect dogs.
But those headquartered in Missouri — such as the Humane Society of Missouri and the Missouri Alliance for Animal Legislation — supported the compromise.
Wednesday began with Nixon quietly signing a controversial bill passed by the Legislature this month. Sought by the dog breeding industry, it removed most of the key provisions of Proposition B but raised the cap on fees to pay for more inspectors.
Nixon's signing of the bill had been demanded by the Legislature as a condition of the compromise. The governor made no public announcement when he signed it but issued a statement shortly after noon confirming that he had done so.
Shortly thereafter, the compromise bill passed the House on a vote of 108-42. It was shepherded by Rep. Tom Loehner, R-Koelztown.
Loehner said the new plan would give breeders time to meet the caging requirements or phase out their businesses. Proposition B, by contrast, would have resulted in the death of dogs that breeders could no longer keep, he said.
Describing the compromise bill, Loehner said: "If your intent of Proposition B was to shut down this industry, to get rid of it and obliterate the industry in this state, this is not what you're looking for. If you're out for the betterment of animals in this state, this is what you need to support."
Some legislators said they just wanted to put the issue to rest. Many said all the talk about Missouri's status as the "puppy mill" capital of the country had engendered stronger reactions from constituents than any other issue they had encountered.
"In all my eight years here, I've never seen one passionate, contentious issue such as this," said Rep. Tim Meadows, D-Imperial.
The bill quickly moved to the Senate, which tried to pass it without so much as an explanation. That irked some senators who didn't know what they were voting for, spurring a do-over. In the end, the Senate passed it on a vote of 24-10.
Even those who applauded the compromise weren't happy with the way it evolved. Sen. Jolie Justus, D-Kansas City, called it an "incredibly sloppy, messy process."
Rep. Jeanne Kirkton, D-Kirkwood, voted against the compromise. In an interview, she said the Legislature was going down "a slippery slope of overturning the will of the people. I feel like this has turned into a political game. I will not participate in these shenanigans."
Nixon noted that Proposition B won with just over 51 percent of the vote, and that the Legislature has long been similarly divided on the issue. Had the groups not forged an agreement, he said, the skirmishes would have continued.
Nixon portrayed his plan as a "Missouri solution," saying, "I don't need somebody jetting in to do it when we can do it ourselves."
"It was time to push, and I think that this is a dramatic, important, significant step," the governor said. "And I think it'll now, hopefully, kind of lessen the debate."
