[ICKC] FW: ADOA NEWS

Tue May 8 20:28:04 EAT 2007

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From: ADOA ADMIN <> 
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Subject: ADOA NEWS 
Date: Sat, 5 May 2007 14:36:04 +0000 

ADOA NEWS

Buckle Up, Pup
Mandatory Seat Belt Laws for People Are Already Controversial -- So What About Dogs?
In 1999, horror author Stephen King was badly injured when a car struck him as he walked along the shoulder of a road in Maine. The driver lost control of the car, according to police, as he tried to control an unrestrained Rotweiller. (Courtesy of Mark Robinson, President, Handicappedpets.com)
By DAVID SCHOETZ
May 3, 2007 

For Massachusetts canines, flatbed freedom and tongues flapping in the breeze on the open road may soon go to the dogs. 
Martin Walsh, a state lawmaker from Dorchester, Mass., may file legislation that will require dog owners to restrain their pets when driving in a vehicle. 
"There's no reason for a dog to be running around a car," the Democratic representative told ABC News. "What happens if the dog decides to chase something, a fly that came in the car or something? The dog will go after it and the car will swerve." 
The dog seat belt law would likely be part of a broader bill that might also try to outlaw pit bulls as pets in the state of Massachusetts, Walsh said. 
If it is passed, the mandatory dog restraint law for animals inside a vehicle will be the first in the nation, according to Mark Robinson, president of Handicappedpets.com, which links to a site devoted to pet seat belts and supports mandatory dog restraint laws. 
"To my knowledge, there currently aren't any laws in the books," Robinson told ABC News. 
There are, however, many companies that specialize in comfortable animal harnesses, which drivers can hook into seats to keep a loose pet from being a distraction -- the most obvious danger posed by a loose animal. 
In 1999, horror author Stephen King was badly injured when a car struck him as he walked along the shoulder of a road in Maine. The driver lost control of the car, according to police, as he tried to control an unrestrained Rottweiler. 
It's a story that Robinson has heard again and again from visitors to his Web site, but he insisted it was not the only reason to support mandatory restraints. 
During an accident, if a dog is not belted and a passenger is, the dog becomes a risk to passengers in the crash. "The dog is not only a threat to himself when he's not in a seat belt, but a threat to passengers," he said. 
An unrestrained dog can be injured, even if the animal is riding inside a crate in the car. 
Of course, not everyone agrees on mandatory seat belt laws for people, so surely there will be debate over a law requiring a harness for man's best friend. 
"Part of the problem is the status of a dog," Robinson said, describing the difficulty of legislating dog belts. "Is it a life form or is it property?" 
If a dog is considered personal property, it's no easy task to tell someone how he or she must treat that property. Inevitably, some pet owners will be doggoned if they're going to use a seat belt on their pet. 

AMERICAN VETERINARY MEDICAL ASSOCIATION ON MANDATORY SPAY/NEUTERING

Issues
Created April 2007

SUMMARY REPORT:
Mandatory Spay/Neuter Laws

This is a summary of state laws addressing spay and neuter of
animals. 
Please contact the AVMA State Legislative and Regulatory Affairs

Department for the actual text of any of the provisions.

We have not found a current mandatory state law requiring all
pet owners 
to sterilize their animals. However, Rhode Island has adopted 
legislation requiring all cats to be spayed or neutered unless
the 
caretaker has a breeding permit, the cat has been adopted and
the 
caretakers will be sterilizing the cat pursuant to an agreement
with the 
adopting agency or, due to the animal's health, a veterinarian
states 
that it would be inappropriate.

Sterilization of pound or shelter animals appears to be
relatively 
common in state statutes. Ordinances or statutes allowing for
increased 
licensing fees for intact animals, or requiring sterilization
for 
dangerous or vicious dogs, are not unusual either. Currently,
California 
allows localities to enact "breed-specific" spay/neuter
ordinances, 
though the law is being challenged in court. Delaware and Nevada
require 
shelter animals to be sterilized prior to adoption, unless the
animal is 
too young or it is medically dangerous to the animal. Alabama,
Arizona, 
Arkansas, California, Connecticut, Florida, Georgia, Iowa,
Kansas, 
Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana,
New 
Mexico, New York, North Dakota, Oklahoma, Pennsylvania, South
Carolina, 
Tennessee, Texas, Utah and West Virginia require sterilization
or a 
promise to sterilize in order to adopt a pound animal, some also
require 
a monetary deposit. Most states require the passage of a certain
amount 
of time - for an owner to claim an animal that has been "picked
up" and 
taken to the pound - before the animal may be altered.

We attach below links to relevant AVMA policies.

AVMA Resources

Policy Positions
Age of animal and the procedure
http://www.avma. org/issues/ policy/animal_ welfare/spay_ neuter.asp
<http://www.avma. org/issues/ policy/animal_ welfare/spay_ neuter.asp> 

As population control

http://www.avma. org/issues/ policy/animal_ welfare/populati on_control. asp
<http://www.avma. org/issues/ policy/animal_ welfare/populati on_control. asp

PROPOSED BILLS IN NEW YORK STATE

Revised list of dog and pet-related bills introduced in NY
this legislative session. Please note that in my previous
summary, I was incorrect about the numbers of some of the
bills that had companion bills in the other chamber. - Stacy

=====
PET TAX

S04494 Padavan
<http://assembly. state.ny. us/leg/?bn= S04494>
Would put a 3% tax on all pet food and supplies for funding animal
shelters and wildlife rehab. The money would be handed out "in
consultation with the New York chapter of the American society
for the prevention of cruelty to animals".
(Aside from making pet ownership more expensive, it allows the
distribution of public funds to be controlled by a private charity.
Padavan has twice been given honors by the ASPCA - perhaps this
is his way of paying them back.)
[Referred to Investigations and Gov't Operations 04/18/07]

=====

DOG BREEDING, "PUPPY FARMS" & RELATED

A06468 Bacalles
S00923 Winner
<http://assembly. state.ny. us/leg/?bn= A06468>
<http://assembly. state.ny. us/leg/?bn= S00923>
Amends existing agriculture law to include "dog breeding" within
the meaning of the term "farm operation".
[Assembly: 03/12/2007 referred to agriculture
Senate: 01/12/2007 referred to agriculture]

A07766 Ball
<http://assembly. state.ny. us/leg/?bn= A07766>
Would ban "excessive breeding" of dogs in a "cruel and inhumane manner".
The bill summary indicates the intent is to discourage puppy mills.
(This proposal does not define "excessive" or "cruel and inhumane"
breeding, which makes it the kind of vague prohibition that would
lead to selective enforcement. )
[04/25/07 referred to agriculture]

S05608 Lanza
<http://assembly. state.ny. us/leg/?bn= S05608>
Provides that pet dealers or other persons shall not sell dogs purchased
or received from a puppy farm. Defines a "puppy farm" as a business that breeds
dogs for sale to pet dealers or others for resale, and which sells more than 75
dogs a year.
[Referred to Consumer Protection 4/25/07]

=====

BOARDING KENNELS & PET GROOMERS

S05423 Padavan
A07790 Weprin
<http://assembly. state.ny. us/leg/?bn= A07790>
<http://assembly. state.ny. us/leg/?bn= S05423>
Would require licensing of all boarding kennels and groomers.
Kennels and groomers would require proof of vaccination from
clients and would keep vaccination and other records for 2 years.
Kennels and groomers would be inspected annually.
(The language specifically exempts shelters, SPCAs and "dog or cat
protective associations" from caging requirements, etc. which seems
rather unwise considering some of the recent cases where private shelter
have turned into hoarding situations. In any case, some pet groomers
would have to build new facilities to meet the caging requirements.
This bill would make home-based "cage-free" boarding illegal.)
[Assembly: 04/25/07 referred to agriculture
Senate: 04/25/2007 referred to consumer protection]

A06330 Benjamin
<http://assembly. state.ny. us/leg/?bn= A06330>
Provides for the development of boarding kennel health and safety regulations,
including licensing, inspections, posting of signs, and findings of violations
and sanctions.
Would allow the commissioner to promulgate regulations on health,
safety, design and requirements of boarding kennels. Kennels would
be annually licensed and subject to inspections "from time to time".
Would require boarding kennels to get licenses from the local health
departments (I wonder how difficult that will be?)
[03/07/07 referred to health]

A02260 Zebrowski
<http://assembly. state.ny. us/leg/?bn= A02260>
Would require that dogs or cats accepted for boarding must be vaccinated
for "rabies, distemper, hepatitis, para influenza and parvo during the
previous three years and against bordetella during the previous six
months". Allows an exemption for medical considerations but only for the
distemper component - not for any of the other listed vaccines.
Also provides for annual inspection of boarding kennels to ensure they
are compliant with this act. (Since boarding kennels are not currently
licensed by the state AFAIK, I assume the funding for the inspections
would come from the general fund?)
[01/16/2007 referred to agriculture
04/20/2007 enacting clause stricken]

=====

INSURANCE

A01896 Glick
S01704 Robach
Assembly: <http://assembly. state.ny. us/leg/?bn= A01896>
Senate: <http://assembly. state.ny. us/leg/?bn= S01704>Prohibits insurers from 
refusing to issue or renew, cancel, or charge
or impose an increased premium for homeowners` insurance policies based
on the breed of a dog owned.
[Assembly: 01/11/2007 referred to insurance
Senate: 01/24/2007 referred to insurance]

S03112 Sampson
<http://assembly. state.ny. us/leg/?bn= S03112>
Prohibits insurers from refusing to issue or renew, cancel, or charge or impose
an increased premium for homeowners` insurance policies based on the breed of a
dog owned if the dog completes an approved obedience course.
[01/30/2007 referred to agriculture]

A04455 Seminario
S03856 Skelos
<http://assembly. state.ny. us/leg/?bn= A04455>
Prohibits insurers from denying or cancelling homeowner's insurance
to someone because of the breed of the dogs they own.
[Assembly: 02/02/2007 referred to insurance
Senate: 03/19/2007 referred to insurance]

====

TETHERING

A06553 Magee
S02052 DeFrancisco
<http://assembly. state.ny. us/leg/?bn= A06553>
Would prohibit tethering a dog for more than six hours a day.
Includes tethering to fixed object and using a running cable trolley.
Also prohibits all tethering with a choke collar or prong collar.
[Assembly: 03/13/2007 referred to agriculture
Senate: 01/30/2007 referred to agriculture]

=====

DANGEROUS/HOSTILE/ VICIOUS DOGS & DOG ATTACK LIABILITY

A02657 Diaz
S01439 Kruger
<http://assembly. state.ny. us/leg/?bn= A02657>
Provides strict liability for dog bites.
There are exemptions for service dogs and hearing dogs "if the bite or
bites occurred while the dog was defending itself from an annoying,
harassing or provoking act". However, there is no exemption for pet
dogs in the same situation. This means that someone could poke your dog
with a stick and then sue you if the dog defended himself by biting. It
also means that a homeowner whose dog bit an intruder or burgler would
be liable for the miscreants medical bills. Other than for police and
service dogs, there are no exceptions for bites that are provoked or
justified.
[Assembly: 01/18/2007 referred to judiciary
Senate: 01/19/2007 referred to judiciary]

A03539 Kirwan
S00230 Larkin
<http://assembly. state.ny. us/leg/?bn= A03539>
<http://assembly. state.ny. us/leg/?bn= S00230>
Makes it illegal for anyone convicted of a felony involving the sale or
possession of a controlled substance to own, possess or harbor a dog
weighing 20 pounds or more that has either been trained to attack
or has exhibited a vicious disposition or propensity.
[Assembly: 01/26/2007 referred to codes
Senate: 01/03/2007 referred to codes]

S00723 Breslin
Provides strict liability for medical costs resulting from a dog bite or bites;
exemptions allowed for police work dogs, hearing dogs and service dogs; allows
additional recovery where it can be proved that the dog had dangerous or
vicious propensities and the owner had knowledge of such propensities.
(This looks almost identical to A02657 and S01439)
[01/08/2007 Referred to Judiciary]

A00255 Morelle
<http://assembly. state.ny. us/leg/?bn= A00255>
Would penalize a person who "knowingly possesses or harbors
any dog that, by temperament, nature, or past behavior, is inclined
to be hostile" if the dog attacks w/o provocation, causing serious
injury or death OR is not licensed and not vaccinated and cannot
be restrained from chasing, worrying or attacking any person under
the age of 16 OR has refused to surrender the dog as required by
a judicial order OR has used the dog in the commission of a crime.
(Most of already penalized by existing NY state law.
The new language defining a category of "hostile dog" seems like an
end-run around the existing dangerous dog law. This new category
of dog would be considered "hostile" based on the dog's "nature"
even if the dog had not committed any previous bad acts.)
[01/03/2007 referred to codes]

A05751 Townsend
<http://assembly. state.ny. us/leg/?bn= A05751>
Increases the penalties for dangerous dogs.
An owner who "through any act or omission negligently permits"
his dog to bite a person would be subject to a penalty of $1,000
[currently $400]. For serious injury, the penalty is from $1,000 to
$2,000 [currently, up to $1,500]. If the dog was previously considered
dangerous, fine is from $2,000 to $5,000 [currently, max: $3,000].
If a dog previously determined to be dangerous kills or causes
the death of a person "regardless of whether such dog escapes without
fault of the owner" the owner would be guilty of a Class D felony
[currently Class A misdemeanor] . (The quoted language about fault
is already part of the current law, which is a little odd - how
many laws find someone guilty even when they are "without fault"?)
[02/23/07 referred to agriculture]

A06276 Benjamin
Bans dangerous dogs from homes where children under 12 reside.
(Keep in mind that in NY, a dog who chases a cat can be declared
a "dangerous dog".)
[03/06/2007 referred to agriculture]

A06380 Benjamin
<http://assembly. state.ny. us/leg/?bn= A06380>
Provides for owner liability for dog attacks on another dog or cat.
Liability to include civil penalties from $200 to $700.
(The fines go to NY State, not to the owner of the attacked dog or cat.)
[03/07/2007 referred to agriculture]

=====
LICENSING & MANDATORY MICROCHIPPING

A06601 Magee
S01645 Sabini
<http://assembly. state.ny. us/leg/?bn= A06601>
<http://assembly. state.ny. us/leg/?bn= S01645>
Would require pet dealers to inform dog buyers of state licensing requirements.
[Assembly: 03/14/2007 referred to agriculture
Senate: 01/24/2007 referred to consumer protection]

A01677 Peralta
<http://assembly. state.ny. us/leg/?bn= A01677>
all dogs and cats by the age of four months. Creates a state registry
of the information "available twenty-four hours a day". Does not
have exemptions or allowances for any other forms of identification,
such as tags or tattoos. There is no privacy provision for the
proposed registry.
[01/10/07 referred to agriculture]

A01346 Englebright
<http://assembly. state.ny. us/leg/?bn= A01346>
Would increase the one-year state fees for dog licenses from $2.50
to $3.50 for spayed/neutered dogs and from $7.50 to $8.50 for intact
dogs. Also increases the 2 yr. and 3 yr. fees similarly.
Some localities currently charge more, but these local 'surcharges' do
not go to the state.
[01/05/2007 referred to agriculture]

S01261 Trunzo
<http://assembly. state.ny. us/leg/?bn= S01261>
Allows municipalities to require the registration of all cats, and
to collect fees from that.
[01/17/07 referred to local government]

=====
PET THEFT

A 2197 Glick
S 616 Marcellino
<http://assembly. state.ny. us/leg/?bn= A02197>
<http://assembly. state.ny. us/leg/?bn= S00616>
Includes the theft of a pet within the crime of grand larceny in the fourth
degree in certain instances; defines "pet" as a licensed dog or cat harbored
by the owner or lawful custodian of such dog or cat in a dwelling or within an
enclosure or yard.
[Assembly: 01/16/2007 referred to codes
Senate: 01/05/2007 referred to codes
01/30/2007 1ST REPORT CAL.53
01/31/2007 2ND REPORT CAL.
02/05/2007 ADVANCED TO THIRD READING
02/12/2007 PASSED SENATE
02/12/2007 DELIVERED TO ASSEMBLY
02/12/2007 referred to codes]

=====

SERVICE DOGS

A07355 Crouch
<http://assembly. state.ny. us/leg/?bn= A07355>
Amends the civil rights law to clarify that guide dogs, hearing dogs, and
service dogs are allowed in public places during their training and
socialization process.
[04/11/2007 referred to governmental operations]

S04236 Winner
<http://assembly. state.ny. us/leg/?bn= S04236>
Relates to unlawful discriminatory practices against persons with a disability
on the basis of the use of a guide dog, hearing dog or service dog; defines the
terms guide dog, hearing dog and service dog.
[03/30/2007 referred to investigations and government operations]

S05510 Bonacic
<http://assembly. state.ny. us/leg/?bn= S05510>
Authorizes the commissioner of human rights to make recommendations if he finds
that the law relating to the rights of persons qualified to train dogs
to aid and guide persons with a disability are not being followed and needs
revision.
[04/25/2007 referred to investigations and government operations]

A02517 McDonough
<http://assembly. state.ny. us/leg/?bn= A02517>
Provides for a penalty of $1000 for the attack on a service dog or
user of such service dog, a fine of $2000 for an attack on both dog
and user; also provides that if the attacking dog has previously been
found to be a dangerous dog, then such fines shall be $2000 and $4000
respectively, and such may also be punishable with 90 days imprisonment.
[01/17/2007 referred to agriculture]

====

VICTIMS OF DOG ATTACKS - COMPENSATION

A06944 Diaz
S04010 no senate sponsor listed - introduced by Assy. Diaz
Would make victims of certain dog attacks eligible for awards by the crime victims
board.
[Assembly: 03/22/2007 referred to governmental operations
Senate: 03/22/2007 referred to crime victims, crime, and correction]

S00767 Diaz
<http://assembly. state.ny. us/leg/?bn= S00767>
Makes victims of certain dog attacks eligible for awards by the crime victims
board; requires dog control officers to give victims a card with notice
thereof.
[01/09/2007 referred to crime victims, crime, and correction]

=====
DOGS & CATS NO LONGER "WILDLIFE"

A02611 Glick
S01330 by Maltese
<http://assembly. state.ny. us/leg/?bn= A02611>
<http://assembly. state.ny. us/leg/?bn= S01330>
Excludes dogs, cats and any other domesticated animals from the definition of
"wildlife"; defines the term feral dog or cat.
(Bill summary explains that this would prevent wildlife control businesses
from trapping and killing any cats or dogs in an inhumane manner.)
[Assembly: 01/17/2007 referred to environmental conservation
Senate: 01/19/2007 referred to environmental conservation]

=====

SHELTERS

A00519 Cahill
<http://assembly. state.ny. us/leg/?bn= A00519>
Allows the release of any dog or cat to another pound, shelter, society
for the prevention of cruelty to animals or duly incorporated humane
society if it increases the animal's chance at adoption.
[01/03/07 referred to agriculture]

A05399A Paulin
<http://assembly. state.ny. us/leg/?bn= A05399>
updates the outmoded New York
State law governing euthanasia of animals taken in by shelters, humane
societies and SPCAs to ensure that when it is necessary, euthanasia is
performed in the most humane manner possible. To this end, the bill
requires, except in limited circumstances, that euthanasia be performed
by injection of sodium pentobarbital or sodium pentobarbital solution by
a licensed veterinarian, euthanasia technician or veterinary technician.
[02/15/2007 referred to agriculture
03/16/2007 amend and recommit to agriculture
03/16/2007 print number 5399a
04/17/2007 reported referred to codes]

A04162 Lafayette
<http://assembly. state.ny. us/leg/?bn= A04162>
Prohibits transporting animals into the state for purposes of research,
experimentation or testing if the animals are obtained from pounds,
shelters, etc. Violation is a misdemeanor.
[01/31/2007 referred to agriculture]

=====

PETS FOR SENIORS

A01839 Lentol
S03167 Diaz
<http://assembly. state.ny. us/leg/?bn= A01839>
<http://assembly. state.ny. us/leg/?bn= S03167>
Relates to providing companion pets for seniors and instruction in the humane
treatment of animals; provides for the office for the aging to operate programs
to match seniors with companion pets to improve the lives of such seniors, and
for the office for the aging to work with other entities to provide such
programs.
(Assembly: 01/11/2007 referred to aging
02/27/2007 reported referred to ways and means
04/24/2007 reported
04/26/2007 advanced to third reading cal.286
Senate: 02/27/2007 REFERRED TO AGING
03/06/2007 1ST REPORT CAL.267
03/07/2007 2ND REPORT CAL.
03/12/2007 ADVANCED TO THIRD READING
04/18/2007 PASSED SENATE
04/18/2007 DELIVERED TO ASSEMBLY
04/18/2007 referred to ways and means]

=====

ABUSE/CRUELTY LAWS

A01900 Glick
S03530 Padavan
<http://assembly. state.ny. us/leg/?bn= A01900>
<http://assembly. state.ny. us/leg/?bn= S03530>
Requires those persons who are ordered to report suspected cases of child
abuse to also report suspicious cases of animal abuse they may come across
in their official duties. Also, those persons who are ordered to
investigate suspicious cases of animal cruelty, should report possible
child abuse to the proper authorities. Makes failure to report a Class A
misdemeanor.
[01/11/2007 referred to social services]

A05838 Tedisco
<http://assembly. state.ny. us/leg/?bn= A05838>
Expands the definition of aggravated cruelty to animals to include harm to
animals during the commission of a felony.
[02/23/2007 referred to agriculture]

S00913 DeFrancisco
<http://assembly. state.ny. us/leg/?bn= S00913>
Makes the commission of cruelty to 10 or more animals during the same criminal
transaction, a class E felony.
[01/12/2007 referred to agriculture]

A07964 Magnarelli
S04864 DeFrancisco
<http://assembly. state.ny. us/leg/?bn= A07964>
<http://assembly. state.ny. us/leg/?bn= S04864>
Provides for an increase in criminal penalties for acts of cruelty to animals
making cruelty a class E felony and aggravated cruelty a class D felony.
[Assembly: 05/02/2007 referred to agriculture
Senate: 04/24/2007 referred to agriculture]

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