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November 2005
REPORT OF THE LEGISLATION COMMITTEE
Earlier this year Senator Santorum of Pennsylvania
introduced S1139, also known in the dog community as PAWS. It would bring
certain individuals under the jurisdiction of the federal USDA. Those
individuals would need to register with USDA and they would then be subject
to inspection.
Per the original language of the bill, the individuals
open to this jurisdiction are those who breed more than 7 litters of puppies
or sell more than 25 dogs in a year. These are the same individuals who
the AKC considers as ‘high-volume breeder’ and who are subject to
inspection by the AKC.
The AKC has worked with Senator Santorum and helped in
a re-draft of the bill. With the recent changes any one of the following
will exempt hobby breeders from this federal legislation
·
Anyone who breeds six litters or less annually
·
Anyone who sells at retail 25 dogs or less annually
·
Anyone who breeds or sells more than those thresholds if they
are inspected by a non-profit organization that receives federal approval,
such as AKC.
·
Shelter and rescue organizations and individuals who do not
import for resale or operate for profit.
In addition, it eliminates any reference in PAWS to hunting and security
dogs. Persons who sell hunting dogs will be treated exactly the same as
persons who sell dogs as pets.
To quote from an AKC FAQ sheet: “The legislation
actually strengthens protections for responsible hobby breeders by exempting
them from federal regulation as a point of law. Currently, hobby breeders
are exempt only due to USDA's classification of them as a "retail pet store"
(regardless of whether they breed and sell dogs as pets or for hunting and
security purposes). USDA has the discretion to change that classification at
any time. However, if PAWS is enacted the exemption will be put into statute
and will not be open to any agency interpretation. Furthermore, that statute
could be changed only by a new Congressional enactment, something that is
very difficult to accomplish.”
New Jersey State Legislation
A3219 Animal Sterilization Bill (Identical bill to S2873
Sponsored by Assemblywoman Linda Greenstein, Legislative District 14
S2873 Animal Sterilization Bill (Identical bill to A3219)
Sponsored by SenatorNicholas Asselta, Legislative District 1
The New Jersey Federation of Dog Clubs has provided
Assemblywoman Greenstein with our recommendations in writing regarding the
proposed bill. We are now waiting to hear what revisions have been
suggested by other groups and then hope to come to some compromise. We
will follow-up with Senator Asselta to provide him with the same
recommendations as given to Assemblywoman Greenstein.
We have suggested to remedy the first part of the bill
concerning the impounding of dogs and cats with a three strikes and you’re
out policy. This would replace the opt out language that is currently in the
bill in order to permit breeders to reclaim their cats and dogs intact. The
current language is fraught with errors and would be impossible to interpret
or enforce. We believe that allowing some people to retrieve their pets
intact while others must have their pets sterilized before they can be
reclaimed is unjust. Our language would allow all pet owners the
opportunity to reclaim their pet without having to have it sterilized. It
would put into effect mandatory micro chipping of any cat or dog reclaimed
from an animal shelter (at owner cost). It would allow micro chipped,
registered and licensed pets to be reclaimed, free, if a first offense. If a
dog or cat is impounded a second time, there would be a higher fine, with a
third impoundment resulting in mandatory sterilization and a high fine.
Our position with respect to the rest of the bill is
that we want mandatory cat licensing before we can consider further
increases.
For anyone wishing to let his/her position be known on
A3219 or S2873, contact:
Assemblywoman Linda R. Greenstein
7 Centre Drive, Suite 2
Monroe, NJ 08831-1565
609-395-9911
FAX (609)-395-9032
AsmGreenstein@njleg.org |
Senator Nicholas Asselta
Main Tree Commons
1450 East Chestnut – Building 1, Suite B
Vineland, NJ 08361
856-691-3004
SenAsselta@njleg.org |
S2745 Animal Sterilization Bill
Sponsored by Senator Stephen Sweeney, Legislative District 13
This bill is very similar to A3219, noted above. It
was introduced September 26, 2005 and referred tp the Senate Economic Growth
Committee. The New Jersey Federation of Dog Clubs will follow-up with
Senator Sweeney and provide him with the same recommendations as given to
Assemblywoman Greenstein.
For anyone wishing to let his/her position be known
on S2745, contact
Senator Stephen Sweeney
Kingsway Commons
935 Kings Highway
Thorofare, NJ 08086
856-251-9801
SenSweeney@njleg.org
A4425 Dog Trainer’s Act
Sponsored byAssemblyman Brian Rumpf, Legislative District 9
This bill was introduced November 10, 2005 and referred
to the Regulated Professional and Independent Authorities Committees. It
would require licensing of persons engaged in the practice of dog training,
defined as “the handling or training of dogs for which a fee is charged.”
The New Jersey Federation of Dog Clubs will follow-up with Assemblyman Rumpf.
For anyone wishing to let his/her position be known
on A4425, contact:
Assemblyman Brian Rumpf
620 West Lacy Road
Forked River, NJ 08731
609-693-6700
AsmRumpf@njleg.org
Local Ordinances
Bridgeton Township
The Bridgeton City Council has passed an ordinance to
enact a $100 license for an unneutered/unspayed dog/cat and to limit a
household to 4 animals. The reason for the bill was the city’s feral dog &
cat problem. We had tried to acquire some statistics to show that he
proposed ordinance would not solve the problem, but had been unable to do
so. Those who currently have more than the limit will be exempted from
this part of the ordinance for 10 years.
The one success here was that they withdrew the use of
the term guardian.
Washington Township in Gloucester County
It was reported that Township officials are considering
pet limits. The reason for the bill is a response to a resident complaining
about a neighbor allegedly boarding animals. Several township residents
have tried unsuccessfully to talk to officials. The situation is being
monitored.
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