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Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

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<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 217 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>Legislative Office BuildingAlbany, NY 12247Phone: (518) 455-2091Fax: (518) 426-6976email: winner@senate.state.ny.usSen. Michael Ranzenh<strong>of</strong>er315 Legislative Office BuildingAlbany, NY 12247Tel: (518) 455-3161 / Fax: (518) 426-6963Email: ranz@senate.state.ny.usalso copy or callSenate Majority Leader Malcolm SmithOffice <strong>of</strong> New York State Senator Malcolm A. Smith909 Legislative Office BuildingAlbany, NY 12247Tel: (518) 455-2701 / Fax: (518) 455-2816Email: masmith@senate.state.ny.usOther bills on dog breeding, pet dealers and "puppymills", with a very quick synopsis <strong>of</strong> what they cover are listed below. Readers should sure to read the text <strong>of</strong> the bills--not the summary,which can be misleading--for further information. <strong>The</strong> thumbnail descriptions below are not intended to be comprehensive.A7545/S4327 - Asy. Millman and Sen. Valesky have submitted a proposal which revisits NY's fairly new "appropropriate shelter for dogs outdoors" law. <strong>The</strong> proposal regulates variousaspects <strong>of</strong> housing for dogs kenneled outside <strong>of</strong> their owner's residences, including amount <strong>of</strong> shade to be provided, ro<strong>of</strong>s and flooring, and more. Additionally, and <strong>of</strong> much greater concern,the bill effectively makes it impossible to responsibly and humanely kennel dogs in New York State, where temperatures routinely exceed 85 degrees and go below 32 degrees for months eachyear:NO DOG SHALL BE LEFT OUTDOORS IN TEMPERATURES EXCEEDINGEIGHTY-FIVE DEGREES OR IN TEMPERATURES LOWER THAN THIRTY-TWO DEGREESWITHOUT READY ACCESS TO, AND THE ABILITY TO ENTER, A HOUSE, APARTMENTBUILDING, OFFICE BUILDING OR OTHER RESIDENCE OR PLACE OF BUSINESS OF ITSOWNER OR OF THE PERSON WHO HAS CUSTODY OR CONTROL OF THE DOG.A1377 (Paulin)/ S4965 Oppenheimer - Amends definition <strong>of</strong> "pet dealer" to mean ". . .any person who engages in the sale or <strong>of</strong>fering for sale <strong>of</strong> more than nine animals per year for pr<strong>of</strong>it tothe public OR TO ANY BROKER, WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY OR PET DEALER LICENSED PURSUANT TO THIS ARTICLE."A3362 (Eddington) - no Senate equivalentAuthorizes Suffolk County executive to enter into agreements as deemed necessary to conduct inspections <strong>of</strong> pet dealers and to respond to complaints concerning pet dealers in the county<strong>of</strong> Suffolk. Also authorizes county <strong>of</strong> Suffolk to enforce the provisions <strong>of</strong> NYS Ag & Mkts. article 26-A.A5507 (Ball) - no Senate equivalentVery lengthy proposal that restricts hobby/home breeders, creates and regulates "animal facility" category, regulates pet dealers, establishes "humane treatment" standards <strong>of</strong> care, prohibitssale or other transactions involving dogs (or cats) bred "inhumanely" or "in excess", and much more.A7285 Paulin/S5392 Squadron/S4690 Kruger - Prohibits ownership or custody <strong>of</strong> more than 50 intact dogs or cats. Allows for seizure <strong>of</strong> dogs or cats if any person or business "has in itscare" more than 50 intact dogs or cats over the age <strong>of</strong> 4 months. Note that such animals may be sold <strong>of</strong>f or killed by the impounding agency if security bond requirements are not met withinfive days.*NOTE - This bill is endorsed by H$U$*A6797 (Ball) - no Senate equivalentProhibits the "excessive" breeding <strong>of</strong> dogs in an "UNCONTROLLED MANNER AND LOCATION SO AS TO BE IN A CRUEL AND INHUMANE." Establishes penalties for violations.S0518 (Lanza) - no Assembly equivalentProhibits the sale or other transaction involving "puppymill" puppies in NYS. Defines "puppymill" as "ANY BUSINESS WHICH BREEDS DOGS FOR SALE TO PET DEALERS AND SELLSOR TRANSFERS MORE THAN SEVENTY-FIVE DOGS FOR THE PURPOSE OF RESALE TO OTHERS."S4515 Lanza - no Assembly equivalentAnother very lengthy, onerous bill regulating dog and cat "breeders." "Breeders" are defined as anyone who breeds 3 or more animals for sale per year, with no exemptions for home/hobbykennels. Establishes a "breeder licensing fund" and requires that "pet dealers" only sell pets obtained from licensed NYS "breeders."S4623 Addabbo - no Assembly equivalentProvides for regulation <strong>of</strong> "pet dealers" by individual municipalities.S4961 Oppenheimer - no Assembly equivalentRedefines "pet dealer" to mean a person who sells or <strong>of</strong>fers to sell dogs or cats not raised on his/her premises, or keeps more than four intact female dogs over the age <strong>of</strong> six months for thepurpose <strong>of</strong> breeding. Sets standards for veterinary care, daily exercise.A7983 Paulin - no Senate equivalentNote: Asy. Paulin is one <strong>of</strong> the prime sponsors <strong>of</strong> HSUS's proposal to prohibit ownership <strong>of</strong> intact dogs and cats based on the number <strong>of</strong> animals a person or business owns, A 7285.<strong>The</strong> proposal ** removes the home/hobby breeder exemption from current "pet dealer" requirements ** and redefines "pet dealer" to mean. . .any person who (A) SELLS, OFFERS FOR SALE ORNEGOTIATES THE SALE OR PURCHASE OF ANIMALS BORN OR RAISED ON ANOTHERPREMISES; (B) KEEPS ON HIS OR HER PREMISES MORE THAN FOUR INTACT FEMALE DOGS SIX MONTHS OF AGE OR OLDER FOR THE PURPOSE OF BREEDING SUCH DOGSOR WHO (C) engages in the sale or <strong>of</strong>fering for sale <strong>of</strong> more than nine animals per year for pr<strong>of</strong>it to the public.Again, this proposal removes the exemption from regulation currently enjoyed by home/hobby breeders who sell, or <strong>of</strong>fer for sale fewer than 25 dogs or cats.<strong>The</strong> proposal places a number <strong>of</strong> remarkable new requirements on "pet dealers" including. . .--pet dealers must agree to the release <strong>of</strong> all veterinary records for animals sold, purchased, held or disposed <strong>of</strong> to NYS or its designee

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