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#198701 - 06/14/08 06:49 PM
New York sneaking new laws through-ALERT
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Shody Lytle
Leerburg Web Board User
Registered: 06/27/07
Posts: 534
Loc: Orcutt, California
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New York Sneak Attack Alert: Four Dogs Makes You A Dealer
Legislation Rushed Through On Weeks Notice
by JOHN YATES
American Sporting Dog Alliance
http://www.americansportingdogalliance.org
ALBANY, NY "A sneak attack against New York dog owners by animal rights advocates was launched June 10, and less than one weeks notice was given before a scheduled legislative hearing on June 17.
The bill defines anyone who possesses more than four unsterilized females or sells more than nine dogs or puppies a year as a commercial pet dealer. This definition would be devastating to almost all hobby breeders in New York, as well as professional trainers, handlers and many people who simply love dogs. Anyone who fits into this category would be subjected to intense regulation, tough inspections, and hefty fines and penalties.
What makes this legislation a very real threat is that it is sponsored by one of the most powerful leaders in the New York State Assembly, Agriculture Committee Chair William Magee. It has been introduced into the Rules Committee, which is chaired by Speaker of the House Chairman Sheldon Silver.
The bill is A11509. This link gives the full text of the legislation:
http://assembly.state.ny.us/leg/?bn=A11509&sh=t.
The American Sporting Dog Alliance has not had time to thoroughly study this legislation and prepare a formal commentary, but the urgency of the situation demands an interim report as the hearing will be held in four days. The legislative session ends in two weeks. This bill is being pushed hard and fast.
Here are some of the most important parts of the legislation, which amends existing law:
It defines a "pet dealer" as anyone who "engages in the sale or offering for sale of animals for profit to the public and keeps on his or her premises more than four intact female dogs six months of age or older for the purpose of breeding."
A pet dealer also is defined as anyone who sells or offers to sell nine or more dogs or puppies a year. Humane Societies are excluded.
A pet dealer may not sell or offer to sell any animal for which detailed record-keeping is not maintained, and a veterinary examination is required before a dog or puppy can be sold. All vaccinations must be up to date, and a veterinarian may order genetic tests appropriate for the breed. The veterinarian must be given permission to send all medical records to the state.
License fees were increased to between $100 and $300 per year, depending on the total value of the dogs sold. All personal and business records relating to dogs must be made available
for inspection, including bank accounts.
Kennels will be inspected by state officials at least once a year, or more often at the discretion of the state. . Licenses can be revoked for any violation of this law, including paperwork and purely technical violations, or any violation of any federal, state or local laws about animal care or animal cruelty, including business laws. Revocation is mandatory if a kennel fails three inspections.
Inspections would follow an existing state law for pet dealers.
The text of this law can be viewed at:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Many of the provisions in this law are ambiguous and open to interpretation by inspectors, officials and judges.
Fines ranging from $200 to $2,500 are authorized for each violation. In addition, the state can levy civil penalties, revoke licenses and seek injunctions.
The American Sporting Dog Alliance is urging New Yorkers to contact Rules Committee Chairman Silver and Committee members as soon as possible to express opposition to A11509. It is vital that they receive your comments as far in advance of next Tuesdayâ?Ts hearings as possible, which will be difficult given the lack of notice about this legislation. Phone calls and faxes are preferred at this late hour.
Here is a list of all Rules Committee members, with contact information available by clicking on each name:
http://assembly.state.ny.us/comm/?sec=mem&id=33
Please also contact your own legislator immediately, as this bill could be facing a vote of the full Assembly this coming week. Here is a list of assemblymen:
http://assembly.state.ny.us/mem/
The American Sporting Dog Alliance represents owners, hobby breeders and professionals who work with breeds of dogs that are used for hunting. 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. Please visit us on the web at http://www.americansportingdogalliance.org. Our email is ASDA@csonline.net.
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 the donations of our members, and maintain strict independence.
PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS
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#198738 - 06/15/08 11:45 AM
Re: New York sneaking new laws through-ALERT
[Re: Mike J Schoonbrood]
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Shody Lytle
Leerburg Web Board User
Registered: 06/27/07
Posts: 534
Loc: Orcutt, California
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All personal and business records relating to dogs must be made available for inspection, including bank accounts.
Kennels will be inspected by state officials at least once a year, or more often at the discretion of the state. . Licenses can be revoked for any violation of this law, including paperwork and purely technical violations, or any violation of any federal, state or local laws about animal care or animal cruelty, including business laws. Revocation is mandatory if a kennel fails three inspections.
I agree it wouldn't be all bad, but if someone has just one large litter a year (9 or more pups) that means they must also be a dealer. And the inspections, fees and ridiculous rules would apply. If you didn't have immaculate records, you could be fined and shut down. They can come and inspect anyone anytime they like. It just seems like too much regulation, when they don't enforce the laws they already have.
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#199621 - 06/21/08 01:25 PM
Re: New York sneaking new laws through-ALERT
[Re: Shody Lytle]
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S Sorenson
Leerburg Web Board User
Registered: 06/18/08
Posts: 7
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"Kennels will be inspected by state officials at least once a year"
And the funding for this comes from where?
And it seems quite sloppy that the actual wording says "more than four intact female dogs six months of age or older for the purpose of breeding." What if I keep more than four intact female dogs for the purpose of being not inclined to have them spayed and willing to pay the intact license fee?
Seems like a sound and fury law and I hope it doesn't pass because it's a mess - not because it would actual harm honest breeders. (And I hope this doesn't count as a political post. Please delete if out of line.)
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