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John Yates...
Posted: Sat Jun 14, 2008 1:57 pm
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New York Sneak Attack Alert:
Four Dogs Makes You A Dealer

Legislation Rushed Through On Week’s 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 week’s 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 Tuesday’s 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 at (no spam) 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.

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