[ SHOWGSD-L ] CA AB2862 gutted - but referred to Dept of Consumer Affairs for action

  • From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
  • To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Fri, 11 Aug 2006 12:43:56 -0400


-----Original Message-----


Here's my observer's report on the AB2862 hearing.     I watched the hearing
on tv (my car broke down on the way to the airport and I missed my plane -
sorry).     It looked like we (the loyal opposition) outnumbered the API and
their supporters by at least 5 to 1.     We'll get better numbers and
details
later from those who attended the hearing.

A very interesting and swift development played out at the hearing.
Nobody was allowed to testify other than Assemblyman Ridley-Thomas, who went
on
about how he had sought input and consensus from all affected groups and how
his
negotiations had resulted in substantial compromises.

Within minutes, Senator Florez quickly moved to amend the bill (completely
gutting it) to remove all of the language it contained as of the 8/7
amendment,
and to insert all new language that essentially said that the matter was
referred to the CA Department of Consumer Affairs for development of
regulations.


About DCA - California Department Of Consumer Affairs

Senator Florez pointed out that he believes these matters are inevitably
going to come under regulation, and that in his opinion those regulations
should
be developed by the regulatory agency rather than codified under state law.
Senator Florez also stated that he felt this matter will come under
regulation
eventually (I tend to agree), and that the DCA needs to work with all
parties
to set any regulations.

Assemblyman Ridley-Thomas agreed to this amendment, and the vote was the 3
democrats aye, the 1 republican nay.    Politically, Mr. Ridley-Thomas saved
face and his bill passed out of committee and is still alive, although it
has
been completely gutted.    If it passes in the full Senate and Assembly, he
can
say he "won".

Keep in mind - this amended version of AB 2862 is still alive, but it has to
be agreed to and be passed by both the Assembly and the Senate by a 2/3
majority in each house by 8/31/06.    AB 2862 has 21 days of life left in
it.

This is a win / neutral situation for aviculture and all the other animal
interests that will be affected by any regulations which may be developed.

The win - According to Steve Duncan and Kim Hunter, who attended the
hearing,
the win is also that API's language was gutted and went down in flames.
For
all intents and purposes, at this point, API is no longer in the driver's
seat on this particular matter.    They will be back next year, so don't get
complacent.    Reports back from the hearing are that the proponents were
not
pleased with the outcome and it showed.

I note that Mr. Ridley-Thomas is termed out of the assembly this year and is
now running for CA senate, so he may not be further involved in the issue if
it is actually referred to DCA.    Without Mr. Ridley-Thomas pushing the
bill,
API won't have a handy legislator at their disposal writing the regulations.


The neutral - We don't know what the DCA will do with the situation.     At
least in theory any regulations developed by a regulatory agency charged "to
protect and serve California consumers while ensuring a competent and fair
marketplace" will be in a relatively friendly or neutral regulatory
environment,
with public hearings that we can participate in, rather than in the AR
driven
politically charged legislative environment.      We need to remain closely
involved and attend the public hearings when they take place.

Don't be complacent.    Keep in mind that Senator Simitian pointed out, by
taking this approach, there is a risk that what regulations do eventually
come
down may be more stringent than what was proposed by API.     Or they could
be
much gentler - we will have to see what develops, and stay involved.

So if AB2862 passes as now amended, the ball is in our court to come up with
workable regulations.   Everybody needs to begin to think about who they
think
should be regulated and how they think they should be regulated.     Think
about rational and fair regulations that we can live with.

I have to say again that I am grateful to all the dedicated people who took
their time and spent their money to go to Sacramento today.     Your
presence
was important and noted.     Thank you to every one of you.    Please check
in
and give us all your impressions of what happened so we can all learn from
each other.

Genny Wall

----------------------------------



Ginger Cleary, Rome, GA
Proud member GSDCA and Sawnee Mtn Kennel Club
www.rihadin.com

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