[ SHOWGSD-L ] Re: PA HB 39
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Fri, 20 Feb 2009 06:34:58 -0500
********Please Crosspost*** ****
NAIA recently posted an alert on H39 at:
http://capwiz.com/naiatrust/issues/alert/?alertid=12699186&type=ST&show_aler
t=1
Pennsylvania H39 Passes House
Urge Senate to Address Flaws
February 19, 2009
The Pennsylvania House recently passed H39, a bill that seeks to
prevent abuse of dogs by ensuring humane practices of animal husbandry
such as ear cropping and tail docking. While NAIA supports the
underlying intent of H39 to ensure surgeries are conducted
appropriately, the bill as written contains flaws that must be
addressed in the Senate.
H39 is a criminal statute designed to:
* Prevent abuse of dog by making clear that dewclaw removal and
tail docking of dogs over five days old and ear cropping, c-sections
and debarking must be performed by a veterinarian.
* Make possession of a dog with the wound unhealed evidence of a
violation that can be fought by records showing the surgery was
properly done.
Importantly, H39 recognizes that tail docking and dewclaw removal up
to five days old can be performed by a breeder without being
classified as abuse. However, the bill leaves the existing and
antiquated section on ear cropping unchanged. As it exists, anyone
showing or exhibiting a dog with cropped ears is a criminal if they do
not carry on their person a veterinary certificate showing a
veterinarian performed the surgery.
In addition to unintentionally making most exhibitors of cropped eared
dogs in Pennsylvania criminals under the law, H39 as currently worded
could potentially make dog owners subject to AKC sanctions. The AKC
Rules state that: ?Any dog whose ears have been cropped or cut in any
way shall be ineligible to compete at any show in any state where the
laws prohibit the same except subject to the provisions of such laws.?
Furthermore, any dog club that holds shows could be subject to
prosecution since they ?procure? the showing of these dogs without
ensuring that the person showing the dog has the required certificate.
One simple solution is to amend the language with respect to cropping
to parallel the language in the other paragraphs so that a prima facie
case would be established by a person's possession of a dog with the
wound unhealed and eliminate the language with respect to the showing
or exhibition of dogs with cropped ears.
A better solution would be to permit cropping to be done by the owner
or the owner's employee under the immediate supervision of a
veterinarian using anesthesia. This permits no more than what is
performed by a veterinarian and ensures that the procedure is done in
conformity with established breed standards.
The bill also contains significant changes in meaning related to
amendments that were only supposed to be technical in nature. As
amended, ?The possession by any person of a dog with an ear or ears
cut off or cropped and with the wound resulting therefrom unhealed, or
any dog being found in the charge or custody of any person.?
Furthermore, criminal laws must be strictly construed and where an
ambiguity exists in a penal law it has to be interpreted in the light
most favorable to the criminal accused. Therefore, it will be
difficult to get convictions since the record keeping requirement may
be unconstitutionally void because there is no definition of what
information the record must contain.
Click here to read the full text of H39.
Please write your State Senator, using the talking points below,
urging them to address the glitches in H39 to ensure there are no
unintended consequences.
If you received this email from a friend, be sure to sign up HERE to
receive NAIA Trust alerts in the future about important animal
legislation in your state -- and nationally.
TALKING POINTS:
H39 Is Flawed
I support the spirit and intent of H39 but there are some technical
issues that must be resolved to ensure the law is fair and enforceable.
H39 recognizes that tail docking and dewclaw removal up to five days
old can be performed by a breeder without being classified as abuse.
However, the bill leaves the antiquated section on ear cropping
unchanged which says that anyone showing or exhibiting a dog with
cropped ears is a criminal if they do not carry a veterinary
certificate showing a veterinarian performed the surgery on their person.
This section would make compliance and enforcement difficult if not
impossible, and would falsely label many responsible individuals who
show dogs as criminals.
Having a law that is unenforced creates confusion on the part of the
public and reduces respect for the law in general.
H39 as written would inadvertently put those who show dogs as well as
the dog clubs that procure the showing of dogs with cropped ears in
violation of American Kennel Club rules.
A solution would be to amend the cropping language to parallel
language in other paragraphs.
H39 also requires the making of a record of the surgery but does not
stipulate what the record must contain.
H39 does not adequately address the situation in which one person, the
breeder, procures the surgery either in state or out of state and
another person is in possession of the dog. Except in the case of
showing a dog with cropped ears, the person possessing the dog is not
required to have the surgical proof, only the person who procured the
surgery.
Please do not support H39 until these issues have been addressed.
--------------------------------------------------------------------
Ginger Cleary,Rome, GA w <http://www.rihadin.com> ww.rihadin.com
Democracy seeks the will of the majority while liberty seeks the protection
of the majority.
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director RDOES.
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