[accmemberdiscussion] Re: Legislative ALERT! Immediate Action Needed
- From: Theresa M Cook <southnmist@xxxxxxxxxxx>
- To: ACC <accmemberdiscussion@xxxxxxxxxxxxx>
- Date: Mon, 18 Jan 2010 20:12:14 -0600
Before we contact representatives, we might want to take a close look at SB246.
I sent the bill to a friend of mine for her opinion. Please keep in mind she
hasn't done a complete side-by-side comparison, but at first glance, this is
what she saw:
"...I took a look at the current seizure/bond law, and see that EXISTING law in
AL is same as what judge threw out in Louisville! Appears to me that your
SB246 would IMPROVE on present law.
I haven't done a side-by-side on the two, but I'm pretty sure if my choices
were existing law (seizure bond required if animal confiscated on ACO whim) and
court-ordered bond if probable cause is found to credit cruelty charge, I'd
take the latter. If you defeat SB246, existing law will remain in force until
challenged in court. Not sure I'd want to go there. If there were NO law
setting out the circumstances under which owner of seized animal had to post
bond until disposition by court, the agency with custody would have to foot the
bill and have bo way to recover costs even with conviction of owner. Chances
of that happening are about same as a cellophane dog chasing an asbestos cat
through hell."
"I urge you to compare existing seizure bond law to SB246 and compare both to
Louisville decision, then figure out what position to take on the bill."
If anyone has questions about Elaine's observations, please LMK and I will send
her contact info.
I haven't read the bill either but this certainly opened my eyes (that this
bill might improve our existing law).
Elaine is interested in everyone else's thoughts on the bill. LOL she doesn't
claim to get every bill review correct, but I appreciate her time and input
looking at bills that don't concern her or her state, especially since I
haven't had a chance to review the bill myself.
PS While researching our current laws, Elaine found it is illegal to sell
horses and other domesticated animals after sunset. LOL keep that in mind the
next time you place your puppies...
Theresa
HSUS helping Haitian pets? Don't fall for it! HSUS just wants your money!
http://tinyurl.com/y9outqn
RAOAL Responsible Animal Owners of Alabama
The video HSUS wants to hide!
~~~If you can't stand BEHIND our troops...feel free to stand in FRONT of
them!!! ~~~
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CC: ivywildwtn@xxxxxxx; matinaj@xxxxxxxxxxx; danesindixie@xxxxxxx;
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Subject: Legislative ALERT! Immediate Action Needed
Date: Mon, 18 Jan 2010 19:00:49 -0700
The 2010 Alabama Legislative session is off and running. Senator Zeb
Little has introduced SB246 and the bill has been assigned to the
Judiciary Committee. The Alabama Canine Coalition is opposed to this
bill for the following reasons:
Key issues of concern in SB246:
First issue:
"(1) To own Own, possess, keep, or train any dog with the intent that
such the dog shall be engaged in an exhibition of fighting with
another dog;"
This language is vague and rather broad leaving an officer to use
broad discretion in capturing an animal based on simple rumors that
may be started regarding who an owner takes care of their animal.
Second issue:
"(d) An appointed veterinarian or officer of the local humane society
or other animal welfare agency may destroy the animal upon its
delivery or at any time thereafter if he or she is of the opinion that
the animal is injured, diseased past recovery, or whose continued
existence is inhumane and destruction is necessary to relieve pain or
suffering."
This language arguably allows anyone to "destroy" an animal, even
those who do not have authority designated by the state veterinary
medical board to do so. Further, the language "whose continued
existence" provides to much discretion for someone who is authorized
to destroy the animal. They may not like the animal because of its
color and destroy it based on same.
Third issue:
"(1) Subjects any animal to cruel mistreatment; or.
The language cruel mistreatment should be defined within the Act or
the Act should specify (cite) another statute which clearly defines
"cruel mistreatment."
Fourth issue:
"(h) The operator of the local humane society or other animal welfare
agency where the animal is being held shall be entitled to draw on any
bond or funds deposited no more than once a week to cover the actual
costs incurred in caring for the animal. If the owner is acquitted at
trial, he or she shall be entitled to possession of the animal and any
remaining funds not expended for the care of the animal.
If the owner is acquitted at trial, the owner should be entitled to
possession of the animal and restitution for any monies paid to the
clerk of court as ordered by the court.
Other issues:
No standards establishing/defining when appropriate to seize an animal.
Animal may be destroyed prior to finding of guilt based on the opinion
of a sigle veterinarian.
Payment is required for the upkeep of the animal prior to finding of
guilty
The bill is on the committee schedule for Wednesday, January 20.
Action needed: if you are a constituent of Senator Zeb Little or one
of the Judiciary Committee Members please call and ask them to oppose
SB246.
Senator Penn-334-242-7868
Senator Bedford-334-242-7862
Senator Benefield-334-242-7874
Senator Brooks-334-242-7882
Senator Figures-334-242-7871
Senator Keahey-334-242-7843
Senator T. Little-334-242-7865
Senator Z.Little-334-242-7855
Senator Marsh-334-242-7877
Senator Pittman-334-242-7897
Senator Sanders-334-242-7860
Senator Singleton-334-242-7935
Senator Smitherman
334-242-7870
Thanks for your time and attention to this matter.
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