Sent: Friday, May 01, 2009 7:15 AM
Subject: CT Legislative Alert! LET OUT the HOUNDS!!!!!! !

Please forward to all CT dog breeders as well as any organizations that may be of help.

LEGISLATIVE ALERT!!!! – Senate Bill 499 An Act Concerning a Pet Lemon Law passes in Connecticut State Senate has passed the Senate and may be voted on the House as soon as MAY 5th!!! If it is not defeated in the House, it becomes LAW!!

Call your Representatives as soon as absolutely possible!! You can also email or write, but phone calls are best and you must do it NOW!!!!!

To find your legislator’s name, go to:

http://www.cga. ct.gov/asp/ menu/CGAFindLeg. asp

If your Representative is a Democrat, call House Democrats at 860-240-8500 and 1) ask for your Representative by name, 2) tell them bill no. SB 499 and your what you think about the bill.

If your Representative is a Republican, call House Republicans at 860-240-8700 and 1) ask for your Representative by name, 2) tell them bill no. SB 499 and your what you think about the bill.

Even if you do not speak directly to your Rep., the message will get to them. Flood them with calls!


Please forward on to all CT dog breeders as well as any other organizations that may be of help. And all those in CT, PLEASE contact your state Senators and especially your Representatives AS SOON AS POSSIBLE, this bill could get voted on as early as May 5th, your voice is needed to DEFEAT this bill. To read the bill, click here OR go to bottom of this email, to interpret, brackets mean the word(s) are being removed from existing law and underlined language means the change that is being made to existing law:

http://www.cga. ct.gov/2009/ AMD/S/2009SB- 00499-R00SA- AMD.htm

Or if the link does not work in your browser, cut and paste it into your browser, or type it in character by character, exactly.

Or, you can go to the CT General Assembly website of www.cga.ct.gov, and type in bill number 499 (top of page), this bill will come up. Then click on "Called amendments" and Senate schedule #6389 for the revised language, this is the language that passed the Senate on April 30th.

What the bill does:

1) Makes anyone who breeds 2 or more litters a year vet check each puppy or kitten prior to the initial offering of same for sale and have each animal vet checked AGAIN every 15 days after the initial vet check until sold

2) Requires a 6 month guarantee, at the option of the BUYER, either a replacement or full refund in the dog or cat is diagnosed with an undefined congenital defect

3) Requires the seller of dog or cat to file a “certificate of origin” to the Department of Agriculture within TWO days of sale or otherwise be subject to a $100.00 fine or improvised not more than 30 days or both. Every DAY the seller is in violation constitutes a separate offense.

Additional Explanation:

The language of this bill originally targeted pet shops and "commercial kennels" which was interesting as "commercial kennels" in CT are statutorily defined as boarding kennels NOT breeding kennels. As was expected, at the last minute the word "commercial" was dropped and now the language just states "kennel licensee". For those familiar with the
CT system, anyone who breeds more than two litters a year must get a "kennel license" from the town and the term "kennel" is defined as "any collection of dogs kept for show, sport or sale". Anyone who keeps such a "collection" can also get a kennel license for $50.00 a year even if they breed one litter or do not breed at all.

Due to the fact that "kennel licensee" language is now included in this proposed legislation, it means that "any pet shop or KENNEL LICENSEE shall, prior to offering for sale and thereafter at intervals of 15 days until such dog or cat is provide for examination of such dog or cat by a veterinarian. " The authors of this language obviously do not understand that puppies raised at puppy mills, sold to brokers, transported to pet shops and sold within a short period of time to anyone with a credit card are not the same as puppies whelped in private homes, nurtured by their dams as well as their owners, not exposed to disease and stress and are sold to those buyers who are researched for their ability to properly care for such a dog for the rest of its life. It is ridiculous to expect private hobby breeders to have their puppies examined by a vet every 15 days until they are sold (which could be months if the breeder decides to hold the pups for while
as many do )

The bill also contains language that would, if passed into law, would require a 6 month guarantee for any dog or cat which is diagnosed with a "congenital defect" but what does that mean? If, as it says in Webster's New World Dictionary, "existing as such at birth" could not a disqualifying white spot on a Rottweiler's chest be considered a "congenital defect"? What about cataracts that do not affect the animal's ability to see? What about the fact that we test for various genetic problems like hearts, elbows, hips, eyes etc but that we cannot guarantee that the dogs WE keep will be free of any defects? What about those who co-own puppies or those who sell to show homes for
nominal prices?

Yet another problem with this bill is that those who sell dogs and cats must file a certificate of origin" to the Dept of Agriculture within TWO days of the sale or otherwise be subject to a $100 fine or imprisoned not more than 30 or both for each violation and every day one is in violation shall constitute a separate offense. Also, interestingly enough, the bill includes cats in all of the language but as there are no licensing requirements for cat owners or breeders so they would be totally exempt.

The people in the CT Dept of Agriculture who would be required to enforce this were not consulted on this bill at all. Unlike pet shops, breeders who hold "kennel licenses" are not licensed through the State but through the individual 169 towns in CT. The enforcement of this proposed bill would be virtually impossible with the 8 CT ACOs currently employed and do we really want to hire more state ACOs to try to enforce such an endeavor?

This is the sort of last minute, back-stabbing, back room tactics we have come to expect from the ASPCA, Our Companions, CT Votes for Animals etc. Unfortunately, they are the ones who seem to have the ears of those who are more hungry for votes than they are in passing reasonable legislation as well as those who watch too many episodes of Animal Planet. It is now time for dog owners and reputable breeders to let these people know that they will not legislate us and our dogs out of existence.



General Assembly

Amendment


January Session, 2009

LCO No. 6389






*SB0049906389SDO*

Offered by:


SEN. MEYER, 12th Dist.
REP. ROY, 119th Dist.


To: Subst. Senate Bill No. 499

File No. 467

Cal. No. 354

"AN ACT CONCERNING A PET LEMON LAW AND THE RELEASE OF RABIES VACCINATION RECORDS TO ANIMAL CONTROL OFFICERS. "
Strike everything after the enacting clause and substitute the following in lieu thereof:
"Section 1. Section 22-344b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):
(a) A pet shop or kennel licensee shall, prior to offering a dog or cat for sale and thereafter at intervals of fifteen days until such dog or cat is sold, provide for examination of such dog or cat by a veterinarian licensed under chapter 384. [The] Such licensee shall maintain a record of the veterinary services rendered for each dog or cat offered for sale.
(b) If, (1) within [fifteen] twenty days of sale, any such dog or cat becomes ill or dies of any illness which existed in such dog or cat at the time of the sale, or (2) within six months of sale, any such dog or cat is diagnosed with a congenital defect, such licensee shall, at the option of the consumer, replace the dog or cat or refund in full the purchase price of such dog or cat: [(1)] (A) In the case of illness or congenital defect, upon return of the dog or cat to the pet shop or kennel and the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat is ill from a condition which existed at the time of sale, or suffers from a congenital defect and [(2)] (B) in the case of death, the receipt of a certificate from a veterinarian licensed under [said] chapter 384 and selected by the consumer, stating that the dog or cat died from a congenital defect or from an illness which
existed at the time of sale. Any costs for services and medications provided by a licensed veterinarian incurred by the consumer for such illness or congenital defect shall be reimbursed to the consumer by such licensee in an amount not to exceed [two] five hundred dollars. The presentation of such certificate shall be sufficient proof to claim reimbursement or replacement and the return of such deceased dog or cat to the pet shop shall not be required. No such refund or replacement shall be made if such illness or death resulted from maltreatment or neglect by a person other than the licensee, his or her agent or employee.
(c) A licensee who violates any provision of this section shall forfeit to the state a sum not to exceed five hundred dollars for each animal which is the subject of the violation. The Attorney General, upon complaint of the commissioner, may institute a civil action in the superior court for the judicial district of Hartford to recover the forfeiture specified in this section.
Sec. 2. Section 22-354 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):
(a) Any dog or cat imported into this state shall be accompanied by a certificate of health issued no earlier than thirty days prior to the date of importation by a licensed, graduate veterinarian stating that such dog or cat is free from symptoms of any infectious, contagious or communicable disease, and that such dog or cat, if three months of age or older, is currently vaccinated for rabies by a licensed veterinarian. A copy of such health certificate shall be forwarded promptly to the commissioner from the livestock sanitary official of the state of origin. Any dog or cat originating from a rabies quarantine area [must] shall have permission of the State Veterinarian prior to importation into this state. No person, firm or corporation shall import or export for the purposes of sale or offering for sale any dog or cat under the age of eight weeks unless such dog or cat is transported with its dam and no person, firm or corporation shall sell within
the state any dog or cat under the age of eight weeks. Any person, firm or corporation violating the provisions of this [section] subsection or bringing any dog or cat into this state from an area under quarantine for rabies shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.
(b) Any dog or cat sold or offered for sale by a pet shop or kennel licensee in this state shall be accompanied by a certificate of origin identifying the name and address of the person, firm or corporation that bred such dog or cat and of any person, firm or corporation that sold such dog or cat to such pet shop or kennel licensee. Such certificate shall be posted in a conspicuous manner not more than ten feet from the location where such dog or cat is displayed for sale. A copy of such certificate shall be provided to the purchaser of such dog or cat at the time of sale and shall be filed by such licensee with the Department of Agriculture not later than two days after such sale. No pet shop or kennel licensee shall purchase a dog or cat for resale from a breeder or other person, firm or corporation located outside of this state that is not in possession of a current license issued by the United States Department of Agriculture and any applicable state
agency. Any pet shop or kennel licensee violating the provisions of this subsection shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both, for each violation. Each day a pet shop or kennel licensee is in violation of this subsection shall constitute a separate offense.
Sec. 3. Subsection (a) of section 22-339b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):
(a) Any owner or keeper of a dog or cat of the age of three months or older shall have such dog or cat vaccinated against rabies. Any animal vaccinated prior to one year of age or receiving a primary rabies vaccine at any age shall be considered protected for only one year and shall be given a booster vaccination one year after the initial vaccination and shall be vaccinated at least every three years thereafter. Those animals revaccinated after one year of age shall be given booster vaccinations at least every three years thereafter. Proof of vaccination shall be a certificate issued by a licensed veterinarian in accordance with subsection (a) of section 22-339c. A licensed veterinarian, upon request of the Chief Animal Control Officer, any animal control officer, municipal animal control officer or regional animal control officer, shall submit to such officer a copy of such certificate and any associated rabies vaccination records for such dog or cat
that has bitten a person or another animal."

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2009

22-344b

Sec. 2

July 1, 2009

22-354

Sec. 3

July 1, 2009

22-339b(a)
--

Hi Gina,

I am a Connecticut breeder and unless I am missing something, this bill offers less of a warranty than I give to my puppy buyers. It certainly does not step on my toes and only seems helpful to those unfortunate souls who buy from pet stores.

Hopbrook, with all due respect,

Do you take your pups to the vet every 15 days to expose them to dog flu, parvo, distemper, etc. when you would not vaccinate that often? Do you file paperwork that makes it easy for the AR groups to find out how many puppies you bred and come after you that way?

I too take my pups to the vet right before I sell them, as well as other well visits. If I am running one on for months, every 15 days is ridiculous.

Why let the government infrindge on your rights any more than they already do? This is not a good law!

The problem (well... the *major* problem) is that while the original bill was written to encompass Pet stores and commercial breeding facilities- there was a last minute amendment that put all breeders in to the bill.

Not sure why you think this bill won't infringe on you... the way it's written it can require you to bring your pups to the vet for an exam every 15 days. The fines for not filing the origen certificate with the Dept of Agric within 2 days of each sale would be $100 (per day late) or imprisonment!

For me personaly- even if it didn't affect the private breeders- I find the wording of the bill to be poor, undefined and vague. It is NOT a well written piece of legislation.