NYS LEGISLATION 2018
January 19, 2018
www.akc.org/government-relations/legislative-alerts/ny-sb1256-pet-theft-senate-alert
A bill is moving in the New York Senate that would make it a crime to steal a pet from an owner's or lawful custodian's private property.
The bill will be considered by the Senate Codes Committee on Monday, February 22, and if approved, will likely be considered by the full New York Senate soon. New York residents are encouraged to contact the New York Senate Codes Committee, as well as your State Senator, and ask them to support Senate Bill 1256.
Summary:
Current New York law declares that theft of certain property is grand larceny in the fourth degree. Senate Bill 1256 expands this to include a dog or cat taken from a dwelling, enclosure, or yard on the property of the owner or someone who is a lawful custodian harboring the dog (meaning someone who is legally providing the dog with food and shelter).
Clearly defining pets as property ensures that responsible dog owners and breeders in New York who are victims of pet theft at their residence or private property are entitled to the same protections and compensations as other property owners whose property is stolen. This clarification also ensures that criminals who steal pets can be held accountable for their crime.
How You Can Help:
January 19, 2018
www.akc.org/government-relations/legislative-alerts/ny-sb1256-pet-theft-senate-alert
A bill is moving in the New York Senate that would make it a crime to steal a pet from an owner's or lawful custodian's private property.
The bill will be considered by the Senate Codes Committee on Monday, February 22, and if approved, will likely be considered by the full New York Senate soon. New York residents are encouraged to contact the New York Senate Codes Committee, as well as your State Senator, and ask them to support Senate Bill 1256.
Summary:
Current New York law declares that theft of certain property is grand larceny in the fourth degree. Senate Bill 1256 expands this to include a dog or cat taken from a dwelling, enclosure, or yard on the property of the owner or someone who is a lawful custodian harboring the dog (meaning someone who is legally providing the dog with food and shelter).
Clearly defining pets as property ensures that responsible dog owners and breeders in New York who are victims of pet theft at their residence or private property are entitled to the same protections and compensations as other property owners whose property is stolen. This clarification also ensures that criminals who steal pets can be held accountable for their crime.
How You Can Help:
- Call your State Senator and ask them to support Senate Bill 1256. Visit the AKC Government Relations Legislative Action Center and type your address in the "Find Your Elected Officials" box, then scroll down to find the name and contact information for your New York State Senator.
- Contact the New York Senate Codes Committee before the hearing on January 22 and ask them to support Senate Bill 1256. Visit https://www.nysenate.gov/committees/codes for committee contact information.
January 16, 2018
www.akc.org/government-relations/legislative-alerts/ny-ab4225-assembly-support
The NY Assembly is expected to vote soon on a bill that would prohibit homeowner's insurance providers from refusing or cancelling coverage or increasing premiums based solely on the breed of dog owned by the policy holder.
Assembly Bill 4225 passed the Assembly in 2017, but no action was taken in the Senate prior to the legislature adjourning for the year. The bill is now back on the calendar in the Assembly for a vote.
All responsible dog owners and breeders in New York are encouraged to contact their State Assemblyperson and ask them to support Assembly Bill 4225. Be sure to mention that you are a constituent when contacting them. Visit the AKC Legislative Action Center and type your address in the "Find Your Elected Officials" box to obtain the name and contact information for your State Assemblyperson.
Summary:
Assembly Bill 4225 prohibits insurers from refusing to issue, renew or cancel or raise premiums for homeowner's insurance based on breed of dog (or mixed-breed) owned by the policyholder. The bill does allow for insurance companies to take these actions if the dog has been declared dangerous based on current law, so long as these actions are based on "sound underwriting and actuarial principles" that are reasonably related to actual or anticipated loss.
New York state law already expressly prohibits municipalities from passing laws that target specific breeds of dogs. AKC supports AB 4225, which would extend these protections to homeowners, while still holding all dog owners accountable, regardless of the breed they choose to own.
Visit the Breed-Specific/Dangerous Dog Laws page in the AKC Legislative Action Center for more talking points on this issue.
AKC Government Relations will continue to closely follow this bill. For questions or more information, contact the AKC GR at (919) 816-3720 or doglaw@akc.org.
www.akc.org/government-relations/legislative-alerts/ny-ab4225-assembly-support
The NY Assembly is expected to vote soon on a bill that would prohibit homeowner's insurance providers from refusing or cancelling coverage or increasing premiums based solely on the breed of dog owned by the policy holder.
Assembly Bill 4225 passed the Assembly in 2017, but no action was taken in the Senate prior to the legislature adjourning for the year. The bill is now back on the calendar in the Assembly for a vote.
All responsible dog owners and breeders in New York are encouraged to contact their State Assemblyperson and ask them to support Assembly Bill 4225. Be sure to mention that you are a constituent when contacting them. Visit the AKC Legislative Action Center and type your address in the "Find Your Elected Officials" box to obtain the name and contact information for your State Assemblyperson.
Summary:
Assembly Bill 4225 prohibits insurers from refusing to issue, renew or cancel or raise premiums for homeowner's insurance based on breed of dog (or mixed-breed) owned by the policyholder. The bill does allow for insurance companies to take these actions if the dog has been declared dangerous based on current law, so long as these actions are based on "sound underwriting and actuarial principles" that are reasonably related to actual or anticipated loss.
New York state law already expressly prohibits municipalities from passing laws that target specific breeds of dogs. AKC supports AB 4225, which would extend these protections to homeowners, while still holding all dog owners accountable, regardless of the breed they choose to own.
Visit the Breed-Specific/Dangerous Dog Laws page in the AKC Legislative Action Center for more talking points on this issue.
AKC Government Relations will continue to closely follow this bill. For questions or more information, contact the AKC GR at (919) 816-3720 or doglaw@akc.org.
NYS LEGISLATION 2017
AKC Government Relations microsite (www.AKC.com/GR)
AKC Government Relations microsite (www.AKC.com/GR)
- * online legislative action center- blogs, alerts, monitor bills, contact reps, presentation videos
NYS LEGISLATION 2015-2016
NYS Dog legislation seminar Sunday May 22, 2016 at Finger Lakes Racetrack, NY
Hosted by Genesee Valley KC (Virginia Denninger, delegate) and Saratoga KC (Wanda Allen delegate). Visiting lecturers will talk about New York State dog regulations & legislation. NYS Dog clubs will be
contacted. It is a workshop for New York State Clubs as to how legislative process works. Fingerlakes
Racetrack sight is free but there will be a charge for food.
NYS Dog legislation seminar Sunday May 22, 2016 at Finger Lakes Racetrack, NY
Hosted by Genesee Valley KC (Virginia Denninger, delegate) and Saratoga KC (Wanda Allen delegate). Visiting lecturers will talk about New York State dog regulations & legislation. NYS Dog clubs will be
contacted. It is a workshop for New York State Clubs as to how legislative process works. Fingerlakes
Racetrack sight is free but there will be a charge for food.
April 29, 2016: A resolution was introduced in the US Senate to declare May 1st as “National Purebred Dog Day” in celebration of purebred dogs and the many service and companion benefits purebred dogs have and continue to provide to the United States. The resolution further "honors the dedicated and responsible breeders who work to preserve and advance their breeds and responsible dog ownership health and well being of all dogs" and is supported by the AKC.
Updated 10/21/15
* updated 7/13/15
o A1451- bill to license all groomers- must provide guidelines that will ensure dog safety- referred to Rules Committee (no votes this session 6/11/15)
o A2065- prevents tenant discrimination based solely on dangerous appearance or breed referred to Rules Committee (no votes this session 6/3/15)
o S3850/A6626- allows domestic violence victims to bring service or therapy dog w/ them into emergency shelter (PASSED Senate, returned to Assembly 6/17/15: 146 Yea/1Nay)
o S423/A3510- criminalizes & penalizes people who steal pets from owner’s residence or property (PASSED Senate, delivered to Assembly, sent to codes 6/3/15; no votes this session)
o S3321- allows pets on RRs, ferries, buses, public transportation during emergency situations (PASSED Senate, delivered to Assembly 6/8/15; no votes this session)
o S1812- stray or lost animal must be checked for ID within 24 hrs, photographed & description posted on internet; if ID’d will be held for 7 days; if not, only held for 5 days (referred to Rules 6/25/15; no votes this session)
o A7033- minimum standards for dogs kept in outside shelters (housing) (referred to Codes 5/19/15; no votes this session)
o A7220- clarifies recovery of at-large hunting dogs (PASSED Senate & delivered to Assembly 6/15/15; returned to Senate 6/16/15; no votes this session)
- Legislation: Wanda Allen (ADCNYS) sent correspondence that there is now a public registry for animal abuse offenders. There are also proposals for police training on animal cruelty and protection laws (A.7207; S.4327A).
* updated 7/13/15
o A1451- bill to license all groomers- must provide guidelines that will ensure dog safety- referred to Rules Committee (no votes this session 6/11/15)
o A2065- prevents tenant discrimination based solely on dangerous appearance or breed referred to Rules Committee (no votes this session 6/3/15)
o S3850/A6626- allows domestic violence victims to bring service or therapy dog w/ them into emergency shelter (PASSED Senate, returned to Assembly 6/17/15: 146 Yea/1Nay)
o S423/A3510- criminalizes & penalizes people who steal pets from owner’s residence or property (PASSED Senate, delivered to Assembly, sent to codes 6/3/15; no votes this session)
o S3321- allows pets on RRs, ferries, buses, public transportation during emergency situations (PASSED Senate, delivered to Assembly 6/8/15; no votes this session)
o S1812- stray or lost animal must be checked for ID within 24 hrs, photographed & description posted on internet; if ID’d will be held for 7 days; if not, only held for 5 days (referred to Rules 6/25/15; no votes this session)
o A7033- minimum standards for dogs kept in outside shelters (housing) (referred to Codes 5/19/15; no votes this session)
o A7220- clarifies recovery of at-large hunting dogs (PASSED Senate & delivered to Assembly 6/15/15; returned to Senate 6/16/15; no votes this session)
Subject: NY Update: New Law Requires Handwashing Facilities at Animal Events
Date: Wednesday, September 24, 2014 2:30 PM
September 24, 2014
The State of New York has passed a new law that will require a designated area for hand washing/sanitizing at any place where animals are “kept for the express purpose of viewing, touching, holding, and petting by patrons and visitors”.
This area, which must be no more than 50 feet from the exit of the event, must be clearly designated as a hand washing facility. This could be a sink with soap and running water, or if not available, anti-bacterial gels and antiseptic wipes are acceptable. A sign must be posted by the exit that states that “Animals may carry germs and bacteria that cause disease. It is strongly recommended that persons wash their hands upon exiting.”
This measure is designed to protect public health, and also the health of animals owned by visitors, patrons, and exhibitors. It goes into effect in March 2015.
Date: Wednesday, September 24, 2014 2:30 PM
September 24, 2014
The State of New York has passed a new law that will require a designated area for hand washing/sanitizing at any place where animals are “kept for the express purpose of viewing, touching, holding, and petting by patrons and visitors”.
This area, which must be no more than 50 feet from the exit of the event, must be clearly designated as a hand washing facility. This could be a sink with soap and running water, or if not available, anti-bacterial gels and antiseptic wipes are acceptable. A sign must be posted by the exit that states that “Animals may carry germs and bacteria that cause disease. It is strongly recommended that persons wash their hands upon exiting.”
This measure is designed to protect public health, and also the health of animals owned by visitors, patrons, and exhibitors. It goes into effect in March 2015.
Dear ADCNYS Delegates,
At our annual meeting on Sunday, July 13 [2014] we discussed the possibility of finding legislative support for a new category of breeders. A "Residential Breeder" was suggested as a name for the category. Our lobbyist, Bruce Geiger, did a draft for our review and comments.
At a meeting with the commissioner of Ag & Mtks this idea was discussed and actually a "new category" was suggested by the commissioner when we explained the problems we have encountered with the animal rights groups and NYS legislators that feel they know what is best to protect the public from "bad" breeders.
Please, review this carefully and send to your club members for their review. We need to have an agreement on this important step by the end of this year. After the November election (all NYS legislators, NYS Attorney General, and our governor are running for election this year) there will be a time to get legislative support for this idea, if we so chose, before the 2015 session begins. Amy Paulin will probably be re-elected so we need to stop her in her track before she proposes more dog breeder legislation.
If you cannot open this attachment, let me know and I will try to change the format to something you can open.
Thank you, Wanda H. Allen President ADCNYS
** Upload copy of proposal below
At our annual meeting on Sunday, July 13 [2014] we discussed the possibility of finding legislative support for a new category of breeders. A "Residential Breeder" was suggested as a name for the category. Our lobbyist, Bruce Geiger, did a draft for our review and comments.
At a meeting with the commissioner of Ag & Mtks this idea was discussed and actually a "new category" was suggested by the commissioner when we explained the problems we have encountered with the animal rights groups and NYS legislators that feel they know what is best to protect the public from "bad" breeders.
Please, review this carefully and send to your club members for their review. We need to have an agreement on this important step by the end of this year. After the November election (all NYS legislators, NYS Attorney General, and our governor are running for election this year) there will be a time to get legislative support for this idea, if we so chose, before the 2015 session begins. Amy Paulin will probably be re-elected so we need to stop her in her track before she proposes more dog breeder legislation.
If you cannot open this attachment, let me know and I will try to change the format to something you can open.
Thank you, Wanda H. Allen President ADCNYS
** Upload copy of proposal below
| newarticle26-cresidentialbreeder-072114.doc |
Here is the latest information on the USDA/APHIS Injunction: RETAIL PET STORE UPDATE
The next expected event in the Lawsuit will be an Oral Argument on the summary judgment motions that we, USDA and HSUS filed. There is no absolute requirement for the Judge to Schedule an Oral Argument prior to the rendering of a judicial decision on the merits of our Lawsuit, but we hope that the Judge will permit us to present our arguments in person and answer any questions the Judge may have. If the Judge decides to schedule an Oral Argument, it should be within a few months of the last summary judgment filing, which was July 3, 2014.
As we mentioned in our last update, we believe that the strength of our case was bolstered by a Supreme Court Decision that was published on June 23, 2014. In that case, the Supreme Court set aside a Final Rule/Regulation that had been published by the Environmental Protection Agency (EPA) - - (Utility Air Regulatory Group v. EPA). Since the Supreme Court Decision was published after we had submitted our final response on June 20, 2014, we were permitted to file a Notice of Supplemental Authority, which we did on June 25, 2014. In that Notice we cited 4 separate quotes from the Supreme Court decision which supported the specific reasons we had cited in our Lawsuit for why the USDA Retail Pet Store Rule unreasonably overreached to include small hobby breeders; why it was arbitrary and capricious; why it was flawed; why it exceeded Congressional Authority; why the general rule of “deference” to a Government Agency did not apply; and why the Conference report language suggested that Congress was concerned about the scope of the overreach that could not be accommodated by the limited APHIS Budget.
The four supportive quotes that we referenced in the Supreme Court Decision that set aside an EPA Rule/Regulation are:
Here is the link to the KODA website where you can make a donation via paypal or send a check to the treasurer of ADCNYS (address given on website):
http://www.keepourdomesticanimals.com/
The next expected event in the Lawsuit will be an Oral Argument on the summary judgment motions that we, USDA and HSUS filed. There is no absolute requirement for the Judge to Schedule an Oral Argument prior to the rendering of a judicial decision on the merits of our Lawsuit, but we hope that the Judge will permit us to present our arguments in person and answer any questions the Judge may have. If the Judge decides to schedule an Oral Argument, it should be within a few months of the last summary judgment filing, which was July 3, 2014.
As we mentioned in our last update, we believe that the strength of our case was bolstered by a Supreme Court Decision that was published on June 23, 2014. In that case, the Supreme Court set aside a Final Rule/Regulation that had been published by the Environmental Protection Agency (EPA) - - (Utility Air Regulatory Group v. EPA). Since the Supreme Court Decision was published after we had submitted our final response on June 20, 2014, we were permitted to file a Notice of Supplemental Authority, which we did on June 25, 2014. In that Notice we cited 4 separate quotes from the Supreme Court decision which supported the specific reasons we had cited in our Lawsuit for why the USDA Retail Pet Store Rule unreasonably overreached to include small hobby breeders; why it was arbitrary and capricious; why it was flawed; why it exceeded Congressional Authority; why the general rule of “deference” to a Government Agency did not apply; and why the Conference report language suggested that Congress was concerned about the scope of the overreach that could not be accommodated by the limited APHIS Budget.
The four supportive quotes that we referenced in the Supreme Court Decision that set aside an EPA Rule/Regulation are:
- “When an agency claims to discover in a long-extant statute an unheralded power to regulate a significant portion of the American economy, we typically greet its announcement with a measure of skepticism. We expect Congress to speak clearly if it wishes to assign an agency decisions of vast ‘economic and political significance.’”
- “EPA’s interpretation is also unreasonable . . . without clear congressional authorization.”
- “Agencies must operate within the bounds of reasonable interpretation. . . Thus, an agency interpretation that is inconsistent with the design and structure of the statute as a whole, does not merit deference.”
- “The fact that EPA’s greenhouse-gas-inclusive interpretation . . . triggers would place plainly excessive demands on limited governmental resources is alone a good reason for rejecting it; but that is not the only reason.”
Here is the link to the KODA website where you can make a donation via paypal or send a check to the treasurer of ADCNYS (address given on website):
http://www.keepourdomesticanimals.com/
NY Senate Considering Two Bills to Protect Dogs
May 13, 2014
http://www.akc.org/press_center/article.cfm?article_id=5476
Two bills being scheduled for votes in the New York Senate would benefit New York dogs and responsible dog owners:
Senate Bill 1495 would criminalize stealing a pet from someone’s property. While it does not address pets stolen when off the owner’s property, the AKC believes this is an excellent step that will provide law enforcement with an important tool to penalize those who steal pets from a person’s home or property.
Senate Bill 6418 amends current law to further protect dogs left in vehicles under extreme temperatures. The bill would allow police and peace officers to remove a companion animal from a vehicle if the confinement may place the animal in imminent danger of death or serious physical injury. The bill also removes the word “knowingly”, so anyone who violates the law, regardless of intent, is held accountable and will be fined. The AKC supports this bill that further holds dog owners accountable when travelling with their pets. AKC further supports current law, which allows for dogs to be kept in vehicles with proper ventilation or other protections against extreme temperatures.
Read AKC’s previous Legislative Alert for more details on these two bills.
What You Can Do:
Both of these bills have passed committee and are being scheduled for Senate votes. New York residents are encouraged to contact their State Senate and ask them to support these bills.
To find the name and contact information for your State Senator, visit www.nysenate.gov/senators and use the “Find My Senator” box on the left side of the page. You may also complete this online form, which will use your address to send your message directly to your State Senator.
AKC Government Relations will continue to provide more information on these bills. For more information, contact AKC GR at doglaw@akc.org.
May 13, 2014
http://www.akc.org/press_center/article.cfm?article_id=5476
Two bills being scheduled for votes in the New York Senate would benefit New York dogs and responsible dog owners:
Senate Bill 1495 would criminalize stealing a pet from someone’s property. While it does not address pets stolen when off the owner’s property, the AKC believes this is an excellent step that will provide law enforcement with an important tool to penalize those who steal pets from a person’s home or property.
Senate Bill 6418 amends current law to further protect dogs left in vehicles under extreme temperatures. The bill would allow police and peace officers to remove a companion animal from a vehicle if the confinement may place the animal in imminent danger of death or serious physical injury. The bill also removes the word “knowingly”, so anyone who violates the law, regardless of intent, is held accountable and will be fined. The AKC supports this bill that further holds dog owners accountable when travelling with their pets. AKC further supports current law, which allows for dogs to be kept in vehicles with proper ventilation or other protections against extreme temperatures.
Read AKC’s previous Legislative Alert for more details on these two bills.
What You Can Do:
Both of these bills have passed committee and are being scheduled for Senate votes. New York residents are encouraged to contact their State Senate and ask them to support these bills.
To find the name and contact information for your State Senator, visit www.nysenate.gov/senators and use the “Find My Senator” box on the left side of the page. You may also complete this online form, which will use your address to send your message directly to your State Senator.
AKC Government Relations will continue to provide more information on these bills. For more information, contact AKC GR at doglaw@akc.org.
Dog Clubs/Breeder Bills
FEBRUARY 2014
Reference: Email from Wanda H. Allen President ADCNYS
S.5194 (Serrano)/A.7346 (Englebright)
The bill restricts the breeding of dogs and setting standards for the care of breeding dogs and their puppies. Under the bill, female dogs shall not be bred unless they are at least eighteen months old and less than six years old. No female dog over the age of six years old shall be bred. A female dog shall not be bred more than once a year. A female dog shall not be bred more than four times. After a female dog has whelped four litters, the dog shall be retired from breeding regardless of her age.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.4799 (Martine)/A.1655-A (Rosenthal)
This bill relates to the care of animals by pet dealers. The bill’s sponsors claim there is a loophole in the current definition of "pet dealer, which as it stands refers only to those breeders who sell directly to the public, and ignores those who sell animals wholesale to pet stores or brokers. The bill removes the exemption from licensing for home breeders that sell less than 25 puppies per year and defines pet dealer as any person who has possession of more than ten sexually intact female dogs over the age of one year for the purpose of breeding those animals and selling any offspring as household pets. The sponsors argue that the current definition is based on the number of animals a dealer sells, which opens the door to skirting inspections with the claim of inadequate sales. Licensing fees are also increased.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.4204 (Grisanti)/A.986 (Paulin)
This bill relates to recordkeeping requirements for pet dealers. No animal may be sold to the public by a pet dealer without the pet dealer being in possession of the records for that animal. Pet dealer shall provide a written release to his or her designated veterinarian to allow such veterinarian to provide the commissioner, or his or her authorized agents, access to all animal health records for each animal acquired, held, sold, or otherwise disposed of.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.4202-A (Grisanti)/A.2115-A (Paulin)
Amends the definitions of pet dealers. Provided that a breeder who sells or offers to sell directly to the consumer fewer than thirteen animals per year that are born and raised on the breeder's residential premises shall be considered a pet dealer.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.3603 (Lanza)/A.3371 (Titone)
Relates to the registration and regulation of animal breeders. "Breeder" means any person who breeds three or more animals for sale per year for profit and preempts local laws. The provisions shall apply to all municipalities. Breeders shall comply with minimum standards of care for every animal in their custody or possession.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.2570-A (Ball) No Same as
Authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 6 months of the purchase of such animal from a pet dealer
01/08/14 REFERRED TO CONSUMER PROTECTION
S.2305-A (Ball)/A.8443 (Barrett)
Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services
01/08/14 REFERRED TO AGRICULTURE
01/15/14 referred to agriculture
S.1594-C (Grisanti)/A.7363 (DiPietro)
Creates the animal abuser central registry, and to require that certain convicted animal abusers register with such registry
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.334 (Avella) No Same as
Establishes a five percent surcharge on the sale of animals by pet dealers
01/08/14 REFERRED TO AGRICULTURE
A.7589 (Englebright)/S.6218 (Serrano)
Requires the informed consent of the owner of a companion animal prior to euthanizing such animal
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
A.3902 (Glick) No Same as
Prohibits clauses in leases requiring the declawing of animals
02/04/14 reported referred to codes
FEBRUARY 2014
Reference: Email from Wanda H. Allen President ADCNYS
S.5194 (Serrano)/A.7346 (Englebright)
The bill restricts the breeding of dogs and setting standards for the care of breeding dogs and their puppies. Under the bill, female dogs shall not be bred unless they are at least eighteen months old and less than six years old. No female dog over the age of six years old shall be bred. A female dog shall not be bred more than once a year. A female dog shall not be bred more than four times. After a female dog has whelped four litters, the dog shall be retired from breeding regardless of her age.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.4799 (Martine)/A.1655-A (Rosenthal)
This bill relates to the care of animals by pet dealers. The bill’s sponsors claim there is a loophole in the current definition of "pet dealer, which as it stands refers only to those breeders who sell directly to the public, and ignores those who sell animals wholesale to pet stores or brokers. The bill removes the exemption from licensing for home breeders that sell less than 25 puppies per year and defines pet dealer as any person who has possession of more than ten sexually intact female dogs over the age of one year for the purpose of breeding those animals and selling any offspring as household pets. The sponsors argue that the current definition is based on the number of animals a dealer sells, which opens the door to skirting inspections with the claim of inadequate sales. Licensing fees are also increased.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.4204 (Grisanti)/A.986 (Paulin)
This bill relates to recordkeeping requirements for pet dealers. No animal may be sold to the public by a pet dealer without the pet dealer being in possession of the records for that animal. Pet dealer shall provide a written release to his or her designated veterinarian to allow such veterinarian to provide the commissioner, or his or her authorized agents, access to all animal health records for each animal acquired, held, sold, or otherwise disposed of.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.4202-A (Grisanti)/A.2115-A (Paulin)
Amends the definitions of pet dealers. Provided that a breeder who sells or offers to sell directly to the consumer fewer than thirteen animals per year that are born and raised on the breeder's residential premises shall be considered a pet dealer.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.3603 (Lanza)/A.3371 (Titone)
Relates to the registration and regulation of animal breeders. "Breeder" means any person who breeds three or more animals for sale per year for profit and preempts local laws. The provisions shall apply to all municipalities. Breeders shall comply with minimum standards of care for every animal in their custody or possession.
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.2570-A (Ball) No Same as
Authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 6 months of the purchase of such animal from a pet dealer
01/08/14 REFERRED TO CONSUMER PROTECTION
S.2305-A (Ball)/A.8443 (Barrett)
Requires each violator of "Buster's Law" to register his or her name and address with the division of criminal justice services
01/08/14 REFERRED TO AGRICULTURE
01/15/14 referred to agriculture
S.1594-C (Grisanti)/A.7363 (DiPietro)
Creates the animal abuser central registry, and to require that certain convicted animal abusers register with such registry
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
S.334 (Avella) No Same as
Establishes a five percent surcharge on the sale of animals by pet dealers
01/08/14 REFERRED TO AGRICULTURE
A.7589 (Englebright)/S.6218 (Serrano)
Requires the informed consent of the owner of a companion animal prior to euthanizing such animal
01/08/14 REFERRED TO AGRICULTURE
01/08/14 referred to agriculture
A.3902 (Glick) No Same as
Prohibits clauses in leases requiring the declawing of animals
02/04/14 reported referred to codes
* AKC's Care and Conditions of Dogs Policy
(posted July 2012)
http://www.akc.org/press_center/article.cfm?article_id=4634
(posted July 2012)
http://www.akc.org/press_center/article.cfm?article_id=4634
Federal Update: Congress Passes Farm Bill with Two Improvements to the Animal Welfare Act
http://www.akc.org/press_center/article.cfm?article_id=5282
February 4, 2014
The American Kennel Club (AKC) lauds the US Senate for passing a new five-year Farm Bill today that addresses some of the AKC’s concerns regarding recent regulatory changes to the Animal Welfare Act (AWA) by the USDA/APHIS Retail Pet Stores and Licensing Exemptions rule. The House of Representatives passed the bill last week.
AKC outlined to Farm Bill negotiators from the Senate and House Agriculture committees that although the intent of the changes to the rule was to regulate large-scale breeders and Internet pet sellers, it also would have required some small hobby breeders who maintain more than four “breeding females” and transfer an occasional dog sight unseen, to be licensed and regulated as commercial pet dealers. The regulation also would have required small hobby breeders who provide foster homes for rescue dogs to be licensed as commercial breeders if they maintain more than four female dogs and occasionally use an intermediary to transfer a foster dog to its new home.
The changes in the Farm Bill (HR 2642) will reduce the number of breeders and dealers otherwise required to obtain a license if the size of their business is determined to be “de minimis” (minimal). The Farm Bill Conference Report also allows USDA to “determine if the number of animals they breed or sell or the gross annual dollar amounts earned are so minor as to merit disregard.”
The measure’s conference report states that this will free up more USDA resources and recommends that APHIS finalize a rule regarding this change within the year.
“We believe these changes will be welcome to responsible small breeders who not only breed occasionally, but also provide foster homes for rescue dogs,” said AKC Government Relations Director Sheila Goffe. “Without these changes, many could have been forced to give up their rescue activities unless they could obtain a USDA pet dealer license.”
A second measure supported by the AKC directs APHIS to clarify the term “breeding female”. This term is currently used in AWA regulations to define who should be regulated as a pet dealer, but it lacks authority because it does not appear in the underlying statute. The conference report urged APHIS to clarify that only those female animals capable of reproduction and actively being used in a breeding program should qualify as breeding females.
The AKC thanks the many members of Congress, Congressional staff and AKC club members whose dedicated efforts made these changes possible. “We are extremely grateful to the Farm Bill negotiators for addressing some of AKC’s concerns regarding the Retail Pet Stores and Licensing Exemptions. We would especially like to thank the leadership of the House and Senate Agriculture committees, Chairman Frank Lucas, Livestock Subcommittee Chairman Rick Crawford and Ranking Member Jim Costa, and Senate Agriculture Committee Chairwoman Debbie Stabenow and Ranking Member Thad Cochran for their leadership in including these beneficial changes to the AWA in the Farm Bill Conference report,” said AKC President and CEO Dennis Sprung.
A third measure in the Farm Bill also codifies the regulatory changes made by USDA/APHIS in the Retail Pet Stores and Licensing Exemptions rule in late 2013.
The measure now goes to the White House for President Obama’s signature.
http://www.akc.org/press_center/article.cfm?article_id=5282
February 4, 2014
The American Kennel Club (AKC) lauds the US Senate for passing a new five-year Farm Bill today that addresses some of the AKC’s concerns regarding recent regulatory changes to the Animal Welfare Act (AWA) by the USDA/APHIS Retail Pet Stores and Licensing Exemptions rule. The House of Representatives passed the bill last week.
AKC outlined to Farm Bill negotiators from the Senate and House Agriculture committees that although the intent of the changes to the rule was to regulate large-scale breeders and Internet pet sellers, it also would have required some small hobby breeders who maintain more than four “breeding females” and transfer an occasional dog sight unseen, to be licensed and regulated as commercial pet dealers. The regulation also would have required small hobby breeders who provide foster homes for rescue dogs to be licensed as commercial breeders if they maintain more than four female dogs and occasionally use an intermediary to transfer a foster dog to its new home.
The changes in the Farm Bill (HR 2642) will reduce the number of breeders and dealers otherwise required to obtain a license if the size of their business is determined to be “de minimis” (minimal). The Farm Bill Conference Report also allows USDA to “determine if the number of animals they breed or sell or the gross annual dollar amounts earned are so minor as to merit disregard.”
The measure’s conference report states that this will free up more USDA resources and recommends that APHIS finalize a rule regarding this change within the year.
“We believe these changes will be welcome to responsible small breeders who not only breed occasionally, but also provide foster homes for rescue dogs,” said AKC Government Relations Director Sheila Goffe. “Without these changes, many could have been forced to give up their rescue activities unless they could obtain a USDA pet dealer license.”
A second measure supported by the AKC directs APHIS to clarify the term “breeding female”. This term is currently used in AWA regulations to define who should be regulated as a pet dealer, but it lacks authority because it does not appear in the underlying statute. The conference report urged APHIS to clarify that only those female animals capable of reproduction and actively being used in a breeding program should qualify as breeding females.
The AKC thanks the many members of Congress, Congressional staff and AKC club members whose dedicated efforts made these changes possible. “We are extremely grateful to the Farm Bill negotiators for addressing some of AKC’s concerns regarding the Retail Pet Stores and Licensing Exemptions. We would especially like to thank the leadership of the House and Senate Agriculture committees, Chairman Frank Lucas, Livestock Subcommittee Chairman Rick Crawford and Ranking Member Jim Costa, and Senate Agriculture Committee Chairwoman Debbie Stabenow and Ranking Member Thad Cochran for their leadership in including these beneficial changes to the AWA in the Farm Bill Conference report,” said AKC President and CEO Dennis Sprung.
A third measure in the Farm Bill also codifies the regulatory changes made by USDA/APHIS in the Retail Pet Stores and Licensing Exemptions rule in late 2013.
The measure now goes to the White House for President Obama’s signature.
USDA/APHIS FINALIZES RULE IMPACTING PET BREEDERS
From: Wanda H. Allen
Tuesday, September 10, 2013
To view this alert in its entirety, go to http://www.akc.org/press_center/article.cfm?article_id=5117.
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
The American Kennel Club (AKC) shares the USDA’s concern about unscrupulous and potentially substandard puppy sellers; and encourages responsible puppy buyers to meet the breeders of their new puppy and to work with responsible breeders to understand the commitment, challenges and requirements that a puppy of their chosen breed requires.
The AKC, however, is extremely disappointed that USDA/APHIS, by adopting the rule in the same form it was originally proposed, did not heed the comments of hundreds of thousands of responsible dog breeders and owners concerned with the complexity and ambiguity of this potentially onerous new rule. Specifically, the rule will:
· Increase the “retail pet store” exemption to include those maintaining 4 or fewer breeding females. Those with four or fewer “breeding females” will not be subject to USDA licensure and inspection. The AKC appreciates the intent of a continued exemption for small hobby breeders.
· Deems any “sight-unseen” sale a covered activity, making the seller subject to USDA licensure and regulation. The AKC remains steadfast in believing that the rule will unreasonably require regulatory compliance of many more individuals than originally intended by treating those who sell a dog “sight unseen”—perhaps due to repeat buyers or other known purchasers—in the same manner as commercial internet-based sellers. The AKC believes that reasonable regulation of true commercial breeding enterprises or Internet sellers, where regulation is based on the actual numbers of dogs sold, is a better alternative to regulation based on the number of dogs a person owns. If the goal is to regulate internet sales, then such sales should be defined to include only internet sales. If the goal is to regulate all commercial breeder/retailers, a better definition would be those who produce and sell more than 50 puppies in a year.
· Vague definition of “breeding female” as one having the capability of breeding. Currently, the USDA defines “breeding female” as “capacity to breed” and bases this assessment on a visual inspection on the ground of the animals involved, determining whether they are “of breeding age” and whether there are health or other factors that would limit that. The AKC believes that this is not a practical, efficient, or clear way to establish a threshold for licensing and regulation, as it does not allow either APHIS or a breeder to assess whether a seller would be subject to licensing, regulation, and inspection without first being inspected by APHIS. The AKC remains extremely concerned that the rule will make it difficult for individuals to self-report, as they would not be able to know—without an APHIS inspection and examination of their animals before applying for a license—whether they would be required to obtain a license.
· Operational standards originally designed for commercial-type facilities fail to account for circumstances appropriate for how hobby/fancy breeders who will be subject to the regulations will keep their dogs. As a result of AKC’s long history and breadth of experience in advancing the care and conditions of dogs and conducting kennel inspections, we know that there are a wide variety of circumstances and kinds of facilities in which dogs may be suitably raised and maintained. AKC’s Care and Conditions policy is based on performance standards, rather than strict engineering requirements. This is because many breeds would fail to thrive in the required commercial kennel setting and, therefore, are better raised in residential settings. It is not reasonable to expect small breeders, who keep a handful of dogs and make a choice to raise dogs in their homes, to be able to meet exacting USDA kennel engineering standards that are designed for large commercial wholesale or research kennels. Likewise, many could be prevented from adapting their facilities because of local ordinances, zoning limitations, restrictions on their ability to obtain business licenses or necessary insurance. We believe performance-based standards are a better option for small home-based operations. The AKC believes that the continued effort to subject small home-based breeding operations to the same exacting standards required of purely commercial facilities is unreasonable and unnecessary.
To learn more about our specific concerns with the rule, please visit AKC’s USDA/APHIS Regulations Resources Page.
NEXT STEPS:
USDA/APHIS expects the final rule to be published in the Federal Register later this week. The rule will become effective 60 days after publication.
The AKC is dedicated to supporting the wellbeing of all dogs and responsible dog owners and breeders. We are extremely disappointed with the content of the final rule and we will continue to study this rule and assess all options for addressing our ongoing concerns.
The AKC will continue to provide additional information and analysis regarding specific impacts and what this rule may mean to responsible dog owners, breeders and the dog-loving public in general. Please remember that as a matter of company policy, the American Kennel Club does not release the registration information or history of any customer without a court order. The AKC, however, does expect individuals to comply with all applicable federal, state, and local laws and regulations regarding the ownership and maintenance of dogs.
For more information and updates, visit AKC GR’s online USDA/APHIS Regulations Resource Page; or contact AKC’s Government Relations Department at doglaw@akc.org.
From: Wanda H. Allen
Tuesday, September 10, 2013
To view this alert in its entirety, go to http://www.akc.org/press_center/article.cfm?article_id=5117.
Today, the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS) released a finalized version of new federal regulations that narrow the definition of a “retail pet store” with the purpose of bringing internet-based pet breeders and sellers under the regulation of the Animal Welfare Act (AWA). The rule, originally proposed in May 2012 and essentially unchanged, effectively expands USDA oversight of pet breeders to include people who maintain more than four “breeding females” of any species and sell even one pet “sight unseen”.
The American Kennel Club (AKC) shares the USDA’s concern about unscrupulous and potentially substandard puppy sellers; and encourages responsible puppy buyers to meet the breeders of their new puppy and to work with responsible breeders to understand the commitment, challenges and requirements that a puppy of their chosen breed requires.
The AKC, however, is extremely disappointed that USDA/APHIS, by adopting the rule in the same form it was originally proposed, did not heed the comments of hundreds of thousands of responsible dog breeders and owners concerned with the complexity and ambiguity of this potentially onerous new rule. Specifically, the rule will:
· Increase the “retail pet store” exemption to include those maintaining 4 or fewer breeding females. Those with four or fewer “breeding females” will not be subject to USDA licensure and inspection. The AKC appreciates the intent of a continued exemption for small hobby breeders.
· Deems any “sight-unseen” sale a covered activity, making the seller subject to USDA licensure and regulation. The AKC remains steadfast in believing that the rule will unreasonably require regulatory compliance of many more individuals than originally intended by treating those who sell a dog “sight unseen”—perhaps due to repeat buyers or other known purchasers—in the same manner as commercial internet-based sellers. The AKC believes that reasonable regulation of true commercial breeding enterprises or Internet sellers, where regulation is based on the actual numbers of dogs sold, is a better alternative to regulation based on the number of dogs a person owns. If the goal is to regulate internet sales, then such sales should be defined to include only internet sales. If the goal is to regulate all commercial breeder/retailers, a better definition would be those who produce and sell more than 50 puppies in a year.
· Vague definition of “breeding female” as one having the capability of breeding. Currently, the USDA defines “breeding female” as “capacity to breed” and bases this assessment on a visual inspection on the ground of the animals involved, determining whether they are “of breeding age” and whether there are health or other factors that would limit that. The AKC believes that this is not a practical, efficient, or clear way to establish a threshold for licensing and regulation, as it does not allow either APHIS or a breeder to assess whether a seller would be subject to licensing, regulation, and inspection without first being inspected by APHIS. The AKC remains extremely concerned that the rule will make it difficult for individuals to self-report, as they would not be able to know—without an APHIS inspection and examination of their animals before applying for a license—whether they would be required to obtain a license.
· Operational standards originally designed for commercial-type facilities fail to account for circumstances appropriate for how hobby/fancy breeders who will be subject to the regulations will keep their dogs. As a result of AKC’s long history and breadth of experience in advancing the care and conditions of dogs and conducting kennel inspections, we know that there are a wide variety of circumstances and kinds of facilities in which dogs may be suitably raised and maintained. AKC’s Care and Conditions policy is based on performance standards, rather than strict engineering requirements. This is because many breeds would fail to thrive in the required commercial kennel setting and, therefore, are better raised in residential settings. It is not reasonable to expect small breeders, who keep a handful of dogs and make a choice to raise dogs in their homes, to be able to meet exacting USDA kennel engineering standards that are designed for large commercial wholesale or research kennels. Likewise, many could be prevented from adapting their facilities because of local ordinances, zoning limitations, restrictions on their ability to obtain business licenses or necessary insurance. We believe performance-based standards are a better option for small home-based operations. The AKC believes that the continued effort to subject small home-based breeding operations to the same exacting standards required of purely commercial facilities is unreasonable and unnecessary.
To learn more about our specific concerns with the rule, please visit AKC’s USDA/APHIS Regulations Resources Page.
NEXT STEPS:
USDA/APHIS expects the final rule to be published in the Federal Register later this week. The rule will become effective 60 days after publication.
The AKC is dedicated to supporting the wellbeing of all dogs and responsible dog owners and breeders. We are extremely disappointed with the content of the final rule and we will continue to study this rule and assess all options for addressing our ongoing concerns.
The AKC will continue to provide additional information and analysis regarding specific impacts and what this rule may mean to responsible dog owners, breeders and the dog-loving public in general. Please remember that as a matter of company policy, the American Kennel Club does not release the registration information or history of any customer without a court order. The AKC, however, does expect individuals to comply with all applicable federal, state, and local laws and regulations regarding the ownership and maintenance of dogs.
For more information and updates, visit AKC GR’s online USDA/APHIS Regulations Resource Page; or contact AKC’s Government Relations Department at doglaw@akc.org.
Residents ask Canajoharie to pass 1 year moratorium for puppy breeders
Posted: Aug 26, 2013 9:47 PM EST
By Marty Kasper - email
CANAJOHARIE, N.Y. – A meeting in the town of Canajoharie was packed Monday night with more than 50 people wanting local leaders to place a ban on large scale puppy breeders for one year.
There were plenty of comments from the public, all wanting Canajoharie to adopt a law that would outlaw large puppy breeders, and attendees encouraged the Planning Board for the Town of Canajoharie to pass along a recommendation to the Town Board to pass a one-year moratorium.
At the Dimond house in Canajoharie, dogs are family. Roy and his wife Karen have always been dog lovers, but years ago they got a dog from a breeder they now don't consider reputable. They say the animal had health problems that led to major medical bills and heartache.
That's why they are hopping the planning board in Canajoharie passes the recommendation asking for a moratorium.
No one at the meeting spoke in favor of allowing these types of dog breeders. In July, there was a proposed kennel application that was denied. Concerns over conditions and reputation of the kennel led the planning board to five 'no' votes and one abstained.
The Planning Board ended the meeting stating it does not have the final decision on whether or not a one year moratorium will take place in Canajoharie and that the decision will have to come from the full town board
at a later time.
Posted: Aug 26, 2013 9:47 PM EST
By Marty Kasper - email
CANAJOHARIE, N.Y. – A meeting in the town of Canajoharie was packed Monday night with more than 50 people wanting local leaders to place a ban on large scale puppy breeders for one year.
There were plenty of comments from the public, all wanting Canajoharie to adopt a law that would outlaw large puppy breeders, and attendees encouraged the Planning Board for the Town of Canajoharie to pass along a recommendation to the Town Board to pass a one-year moratorium.
At the Dimond house in Canajoharie, dogs are family. Roy and his wife Karen have always been dog lovers, but years ago they got a dog from a breeder they now don't consider reputable. They say the animal had health problems that led to major medical bills and heartache.
That's why they are hopping the planning board in Canajoharie passes the recommendation asking for a moratorium.
No one at the meeting spoke in favor of allowing these types of dog breeders. In July, there was a proposed kennel application that was denied. Concerns over conditions and reputation of the kennel led the planning board to five 'no' votes and one abstained.
The Planning Board ended the meeting stating it does not have the final decision on whether or not a one year moratorium will take place in Canajoharie and that the decision will have to come from the full town board
at a later time.
AKC and VVMA Express Outrage at PETA Approach to Euthanasia in Animal Shelter
Date: Wednesday, July 10, 2013 3:12 PM
Dear Dog Lover,
The American Kennel Club® (AKC) and the Virginia Veterinary Medical Association (VVMA)
have today issued statements to highlight their vehement disapproval of People for the Ethical Treatment of Animals (PETA)’s apparent policy of euthanizing animals frequently at its shelter in Norfolk, VA. Furthermore, the AKC has called for the PETA shelter to take steps towards balancing its adoption and euthanasia rates for dogs and cats in its shelter.
“While most shelters strive for a 90% re-homing rate, PETA is apparently proud of their 99% killing rate and callously boasts that the animals it rescues are ‘better off dead’. That is an alarming ratio that should be fully investigated. PETA’s track record is absolutely unacceptable,” said AKC Chairman Alan Kalter. “Legitimate animal shelters in America re-home most of their sheltered animals. If some of Michael Vick’s fighting dogs can be rehabilitated and re-homed then PETA can — and should — do better. If they cannot — or will not — then they should leave sheltering to others.”
“Re-homing a dog is not always the easiest but it is AKC’s preferred route. PETA’s apparent lack of commitment to re-homing is hypocritical. Our experience, through AKC clubs’ rescue network, proves that a rescued dog can often thrive if given the much-needed love, medical care, rehabilitation and responsible placement into a new home. AKC is disgusted that euthanasia is seemingly so easily employed by PETA.”
“While it is true that some animals at shelters are too physically injured or psychologically scarred to be adoptable, many of them can be successfully treated, rehabilitated and adopted, said VVMA President, Mark Finkler, D.V.M. “Veterinarians throughout Virginia work with numerous shelters and rescue groups to assist in the care of these dogs and cats. It is disappointing to hear that PETA has a different philosophy regarding the handling of these abandoned and unwanted pets."
Date: Wednesday, July 10, 2013 3:12 PM
Dear Dog Lover,
The American Kennel Club® (AKC) and the Virginia Veterinary Medical Association (VVMA)
have today issued statements to highlight their vehement disapproval of People for the Ethical Treatment of Animals (PETA)’s apparent policy of euthanizing animals frequently at its shelter in Norfolk, VA. Furthermore, the AKC has called for the PETA shelter to take steps towards balancing its adoption and euthanasia rates for dogs and cats in its shelter.
“While most shelters strive for a 90% re-homing rate, PETA is apparently proud of their 99% killing rate and callously boasts that the animals it rescues are ‘better off dead’. That is an alarming ratio that should be fully investigated. PETA’s track record is absolutely unacceptable,” said AKC Chairman Alan Kalter. “Legitimate animal shelters in America re-home most of their sheltered animals. If some of Michael Vick’s fighting dogs can be rehabilitated and re-homed then PETA can — and should — do better. If they cannot — or will not — then they should leave sheltering to others.”
“Re-homing a dog is not always the easiest but it is AKC’s preferred route. PETA’s apparent lack of commitment to re-homing is hypocritical. Our experience, through AKC clubs’ rescue network, proves that a rescued dog can often thrive if given the much-needed love, medical care, rehabilitation and responsible placement into a new home. AKC is disgusted that euthanasia is seemingly so easily employed by PETA.”
“While it is true that some animals at shelters are too physically injured or psychologically scarred to be adoptable, many of them can be successfully treated, rehabilitated and adopted, said VVMA President, Mark Finkler, D.V.M. “Veterinarians throughout Virginia work with numerous shelters and rescue groups to assist in the care of these dogs and cats. It is disappointing to hear that PETA has a different philosophy regarding the handling of these abandoned and unwanted pets."
- AKC affiliated clubs and dedicated volunteers comprise the largest dog rescue group network in the country.
- The AKC Humane Fund also supports rescue group activities through its Rescue Grants.
- The American Kennel Club believes euthanasia should be employed only as a last resort when all reasonable efforts to place adoptable dogs have failed. At the same time, AKC recognizes that not all dogs are adoptable due to temperament and health issues.
** NY Update: Support Bill to End Breed Discrimination in Homeowners Insurance!
June 14, 2013
Assembly Bill 3952, which would prohibit insurance companies from denying, cancelling or raising premium rates for homeowners’ insurance based on the breed of dog owned by the policyholder, has passed the New York Assembly and is now pending in the Senate Insurance Committee.
All responsible dog owners and breeders in New York are encouraged to contact the Senate Insurance Committee and ask them to support Assembly Bill 3952. Scroll down for committee contact information. If you are a constituent, be sure to mention that when you contact them.
Summary:
Assembly Bill 3952 prohibits insurers from refusing to issue, renew or cancel or raise premiums for homeowners’ insurance based solely on breed of dog (or mixed-breed) owned by the policyholder. The bill does allow for insurance companies to take these actions if the dog has been declared dangerous based on current law.
New York state law already expressly prohibits municipalities from passing laws that target specific breeds of dogs. AKC GR supports A. 3952, which would ensure that the rights of dog owners are protected when obtaining homeowners’ insurance. At the same time, it does allow insurance companies to impose a “reasonably increased premium or rate” or to cancel or deny a policy if the applicant owns a dog that has been declared dangerous as defined in state law.
Talking Points:
Read the AKC’s policy position statement on “Dangerous Dog Control Legislation”
Read AKC’s one-page issue brief with talking points on breed-specific legislation
Click here for a sample letter to personalize
**Assembly Bill 3507 – Prohibiting Insurance Breed Discrimination
NY Update: Bill Banning Insurance Breed Discrimination Passes First Committee
March 11, 2013
http://www.akc.org/press_center/article.cfm?article_id=4895
The NY Assembly Insurance Committee will consider a bill on Wednesday, March 13, that would prohibit insurance companies from denying, cancelling or raising premium rates for homeowners’ insurance based on the breed of dog owned by the policyholder. All responsible dog owners and breeders in New York are encouraged to contact the committee and ask them to support Assembly Bill 3952 (Scroll down for contact information).
Summary:
As introduced, Assembly Bill 3952 prohibits insurers from refusing to issue, renew or cancel or raise premiums for homeowners insurance based on breed of dog (or mixed-breed) owned by the policyholder. The bill does allow for insurance companies to take these actions if the dog has been declared dangerous based on current law. New York state law already expressly prohibits municipalities from passing laws that target specific breeds of dogs.
Read the AKC’s policy position statement on “Dangerous Dog Control Legislation”
Read AKC’s one-page issue brief with talking points on breed-specific legislation
AKC Government Relations will continue to closely monitor these bills and provide more information as it becomes available. For questions or more information, contact AKC GR at (919) 816-3720 or doglaw@akc.org.
June 14, 2013
Assembly Bill 3952, which would prohibit insurance companies from denying, cancelling or raising premium rates for homeowners’ insurance based on the breed of dog owned by the policyholder, has passed the New York Assembly and is now pending in the Senate Insurance Committee.
All responsible dog owners and breeders in New York are encouraged to contact the Senate Insurance Committee and ask them to support Assembly Bill 3952. Scroll down for committee contact information. If you are a constituent, be sure to mention that when you contact them.
Summary:
Assembly Bill 3952 prohibits insurers from refusing to issue, renew or cancel or raise premiums for homeowners’ insurance based solely on breed of dog (or mixed-breed) owned by the policyholder. The bill does allow for insurance companies to take these actions if the dog has been declared dangerous based on current law.
New York state law already expressly prohibits municipalities from passing laws that target specific breeds of dogs. AKC GR supports A. 3952, which would ensure that the rights of dog owners are protected when obtaining homeowners’ insurance. At the same time, it does allow insurance companies to impose a “reasonably increased premium or rate” or to cancel or deny a policy if the applicant owns a dog that has been declared dangerous as defined in state law.
Talking Points:
Read the AKC’s policy position statement on “Dangerous Dog Control Legislation”
Read AKC’s one-page issue brief with talking points on breed-specific legislation
Click here for a sample letter to personalize
**Assembly Bill 3507 – Prohibiting Insurance Breed Discrimination
NY Update: Bill Banning Insurance Breed Discrimination Passes First Committee
March 11, 2013
http://www.akc.org/press_center/article.cfm?article_id=4895
The NY Assembly Insurance Committee will consider a bill on Wednesday, March 13, that would prohibit insurance companies from denying, cancelling or raising premium rates for homeowners’ insurance based on the breed of dog owned by the policyholder. All responsible dog owners and breeders in New York are encouraged to contact the committee and ask them to support Assembly Bill 3952 (Scroll down for contact information).
Summary:
As introduced, Assembly Bill 3952 prohibits insurers from refusing to issue, renew or cancel or raise premiums for homeowners insurance based on breed of dog (or mixed-breed) owned by the policyholder. The bill does allow for insurance companies to take these actions if the dog has been declared dangerous based on current law. New York state law already expressly prohibits municipalities from passing laws that target specific breeds of dogs.
Read the AKC’s policy position statement on “Dangerous Dog Control Legislation”
Read AKC’s one-page issue brief with talking points on breed-specific legislation
AKC Government Relations will continue to closely monitor these bills and provide more information as it becomes available. For questions or more information, contact AKC GR at (919) 816-3720 or doglaw@akc.org.
*** S 395/HR 847- Federal “PUPS” legislation
Friday, March 1, 2013
http://www.akc.org/press_center/article.cfm?article_id=4867
Federal “PUPS” legislation (S 395/HR 847), sponsored by Sen. Richard Durbin (D-Ill.) and Rep. Jim Gerlach has been reintroduced in the U.S. Congress and assigned to the House and Senate Agriculture committees. The bill is substantially the same as previous versions introduced in 2011 and 2010, which never received committee hearings.
The AKC continues to express grave concerns about this measure. The AKC believes that all dog breeding programs should be undertaken responsibly and does not oppose the concept of regulating high volume breeder-retailers. However, as currently written, the definitions proposed in this bill are misleading, overly broad, and potentially damaging to small responsible breeders who individually maintain and breed only a few dogs in their homes.
Although the stated purpose of PUPS is to regulate internet sales of puppies, S 395/HR 847 as currently written would require anyone who owns or co-owns even a few female dogs that collectively produce 50 or more puppies offered for sale in a year to be regulated under existing USDA dog "dealer" regulations. These regulations are designed for high-volume commercial kennels that produce puppies for wholesale or research, and require a USDA commercial license, maintenance of specified commercial kennel engineering standards and regular inspections. These requirements are not appropriate for small breeders who may keep only a few dogs in their homes.
AKC’s specific concerns with PUPS include the following:
• Defines “high volume retail breeder” as someone with “an ownership interest in or custody of one or more breeding female dogs”. This definition is overly broad and does not take into account co- and joint ownerships common among dog owners, dog show participants, hunting club members, sporting dog trainers and other hobbyists. This would hurt many small hobby breeders who keep or breed only a few dogs in their homes by subjecting them to commercial standards of regulation as a result of agreements they maintain with other small breeders.
• Defines “high volume retail breeder” as someone with “an ownership interest in or custody of one or more breeding female dogs”. Because the threshold for regulation is based on the number of dogs bred and sold, any reference to the number of dogs owned or in custody is unnecessary and potentially misleading.
• Defines “breeding female” as an intact female dog aged 4 months or older. This is misleading and implies that a female dog may be bred at 4 months. Female dogs are not sufficiently mature at 4 months of age to be bred and should not be deemed “breeding females”.
• Exercise language should be clarified with respect to the terms “solitary and goal oriented” to ensure that the daily exercise requirements do not preclude training that involves other types of wholesome activity that could fall under this definition (e.g., playing fetch, field training for hunting dogs, or the responsible use of treadmills for keeping canine athletes in top physical condition).
• PUPS would exponentially expand the pool of breeders regulated and inspected by the Animal Care Division of the United States Department of Agriculture’s (USDA) Animal, Plant and Health Inspection Service (APHIS). However, a May 2010 audit of this program by the USDA’s own Inspector General demonstrated that the existing inspections program is insufficient to carry out current responsibilities. AKC believes these issues and full funding for the current program and enforcement of current laws should be addressed before attempting to exponentially expand the program’s responsibilities and workload.
AKC encourages you to respectfully share these reasonable concerns about the potential damaging consequences of this bill with your member of Congress.
To contact your Congressional representative, visit www.house.gov and enter your zip code in the “Find Your Representative” box at the top of the page.
To contact your two Senators, visit www.senate.gov and select your state in the “Find Your Senators” box at the top of the page.
AKC and AKC’s federal representatives will continue to closely monitor and keep you up to date on this measure.
** Assembly Bill 1204- NY Debarking Bill Passes Assembly
March 8, 2013
http://www.akc.org/press_center/article.cfm?article_id=4879
This bill outlaws the veterinary procedure commonly called “debarking” or “bark softening”, has passed the Assembly and is pending in the Senate Agriculture Committee.
New York residents are urged to contact the members of the Senate Agriculture Committee and your State Senator and express concerns with Assembly Bill 1204, which could ban a safe veterinary procedure that can help certain dogs stay in loving homes if other behavior modifications fail.
Talking Points:
There is much misinformation circulating about debarking. This is a minimally intrusive procedure that does not eliminate a dog’s ability to bark, but rather softens it. It is not meant as an alternative to appropriate dog training and socialization, but is an option that should remain open for those with dogs whose excessive barking cannot be controlled. This decision, made in conjunction with a qualified veterinarian, could be a last resort for owners who would be otherwise forced to give their dog to a shelter instead of a loving home.
Read AKC’s Issue Analysis: Dispelling the Myths of Cropped Ears, Docked Tails, Dewclaws, and Debarking (see "News Articles" tab)
AKC Government Relations (AKC GR) will continue to closely monitor this legislation and provide updates as they become available. For questions or more information, contact AKC GR at (919) 816-3720 or doglaw@akc.org.
Friday, March 1, 2013
http://www.akc.org/press_center/article.cfm?article_id=4867
Federal “PUPS” legislation (S 395/HR 847), sponsored by Sen. Richard Durbin (D-Ill.) and Rep. Jim Gerlach has been reintroduced in the U.S. Congress and assigned to the House and Senate Agriculture committees. The bill is substantially the same as previous versions introduced in 2011 and 2010, which never received committee hearings.
The AKC continues to express grave concerns about this measure. The AKC believes that all dog breeding programs should be undertaken responsibly and does not oppose the concept of regulating high volume breeder-retailers. However, as currently written, the definitions proposed in this bill are misleading, overly broad, and potentially damaging to small responsible breeders who individually maintain and breed only a few dogs in their homes.
Although the stated purpose of PUPS is to regulate internet sales of puppies, S 395/HR 847 as currently written would require anyone who owns or co-owns even a few female dogs that collectively produce 50 or more puppies offered for sale in a year to be regulated under existing USDA dog "dealer" regulations. These regulations are designed for high-volume commercial kennels that produce puppies for wholesale or research, and require a USDA commercial license, maintenance of specified commercial kennel engineering standards and regular inspections. These requirements are not appropriate for small breeders who may keep only a few dogs in their homes.
AKC’s specific concerns with PUPS include the following:
• Defines “high volume retail breeder” as someone with “an ownership interest in or custody of one or more breeding female dogs”. This definition is overly broad and does not take into account co- and joint ownerships common among dog owners, dog show participants, hunting club members, sporting dog trainers and other hobbyists. This would hurt many small hobby breeders who keep or breed only a few dogs in their homes by subjecting them to commercial standards of regulation as a result of agreements they maintain with other small breeders.
• Defines “high volume retail breeder” as someone with “an ownership interest in or custody of one or more breeding female dogs”. Because the threshold for regulation is based on the number of dogs bred and sold, any reference to the number of dogs owned or in custody is unnecessary and potentially misleading.
• Defines “breeding female” as an intact female dog aged 4 months or older. This is misleading and implies that a female dog may be bred at 4 months. Female dogs are not sufficiently mature at 4 months of age to be bred and should not be deemed “breeding females”.
• Exercise language should be clarified with respect to the terms “solitary and goal oriented” to ensure that the daily exercise requirements do not preclude training that involves other types of wholesome activity that could fall under this definition (e.g., playing fetch, field training for hunting dogs, or the responsible use of treadmills for keeping canine athletes in top physical condition).
• PUPS would exponentially expand the pool of breeders regulated and inspected by the Animal Care Division of the United States Department of Agriculture’s (USDA) Animal, Plant and Health Inspection Service (APHIS). However, a May 2010 audit of this program by the USDA’s own Inspector General demonstrated that the existing inspections program is insufficient to carry out current responsibilities. AKC believes these issues and full funding for the current program and enforcement of current laws should be addressed before attempting to exponentially expand the program’s responsibilities and workload.
AKC encourages you to respectfully share these reasonable concerns about the potential damaging consequences of this bill with your member of Congress.
To contact your Congressional representative, visit www.house.gov and enter your zip code in the “Find Your Representative” box at the top of the page.
To contact your two Senators, visit www.senate.gov and select your state in the “Find Your Senators” box at the top of the page.
AKC and AKC’s federal representatives will continue to closely monitor and keep you up to date on this measure.
** Assembly Bill 1204- NY Debarking Bill Passes Assembly
March 8, 2013
http://www.akc.org/press_center/article.cfm?article_id=4879
This bill outlaws the veterinary procedure commonly called “debarking” or “bark softening”, has passed the Assembly and is pending in the Senate Agriculture Committee.
New York residents are urged to contact the members of the Senate Agriculture Committee and your State Senator and express concerns with Assembly Bill 1204, which could ban a safe veterinary procedure that can help certain dogs stay in loving homes if other behavior modifications fail.
Talking Points:
There is much misinformation circulating about debarking. This is a minimally intrusive procedure that does not eliminate a dog’s ability to bark, but rather softens it. It is not meant as an alternative to appropriate dog training and socialization, but is an option that should remain open for those with dogs whose excessive barking cannot be controlled. This decision, made in conjunction with a qualified veterinarian, could be a last resort for owners who would be otherwise forced to give their dog to a shelter instead of a loving home.
Read AKC’s Issue Analysis: Dispelling the Myths of Cropped Ears, Docked Tails, Dewclaws, and Debarking (see "News Articles" tab)
AKC Government Relations (AKC GR) will continue to closely monitor this legislation and provide updates as they become available. For questions or more information, contact AKC GR at (919) 816-3720 or doglaw@akc.org.
