[ SHOWGSD-L ] UPDATE: CA, PAWS BILL, MORE 6/1/05
- From: "Sharon Allbright" <sharlen@xxxxxxxxxxxx>
- To: <showgsd-l@xxxxxxxxxxxxx>
- Date: Thu, 2 Jun 2005 08:54:43 -0700
UPDATE: CA, PAWS BILL, MORE
June 1, 2005
(Last publication date 5/27/05
Appropriate forwarding encouraged.)
Preserving Our Right To Own And Breed Animals Is Your Responsibility
IN THIS ISSUE:
* FEDERAL "PAWS" BILL UPDATE
* STANISLAUS COUNTY ORD. BACK, JUNE 21
* CA BILLS ON FLOORS
BRIEFLY NOTED:
PUT A POST-IT ON YOUR TV for Friday, June 3 for John Stossel's segment on
ABC's 20/20, 10 p.m. ET / 9 C. ABC describes it: "John Stossel has an
eye-opening report on his
year-long investigation into SPCA's animal rescues." If you miss the
broadcast, the story will be at the web site
<http://abcnews.go.com/2020/>
ONWARD ANIMALS GUARDIANS in Santa Clara County, California where Supervisor
Jim Beall is expected to carry a Guardian ordinance proposal.
*****
THE ANIMAL COUNCIL'S SPECIAL REPORT: PAWS BILL TEXT was published on May 30
only on our Yahoo lists. It announced the posting in the Files sections
our document integrating the bill provisions into the context of the Animal
Welfare Act (AWA.) This is a PDF file (only 75 kilobytes!) You must be an
approved Group member and use your Yahoo user identification and password.
Then click on Files. If you are a new Yahoo user, choose easy to use ID
and passwords for ease of access and keep them handy. To join, follow the
instructions at:
http://groups.yahoo.com/group/TheAnimalCouncil
We have an additional Group, The Animal Council - Dog Fancy Edition with
similar content but more geared to California dog fanciers who have not
been on the original list.
http://groups.yahoo.com/group/TheAnimalCouncilDogFancy
The PAWS bill would amend the Animal Welfare Act with subsequent rules to
be adopted and wipe out the USDA's historic interpretation of AWA as only
requiring licensing and regulation of breeders selling at wholesale. This
standard was upheld in the 2003 United States Court of Appeals For The
District Of Columbia Circuit case of Doris Day Animal League v. USDA.
The Humane Society of the United States at its April 6-9 annual conference
in Atlanta distributed a flyer, "Crack Down on Puppy Mills" describing this
bill as soon to be introduced. HSUS cited mistreatment, dogs as "breeding
machines," defrauded consumers, the need for stronger enforcement and a
"growing" problem as reasons for the bill.
USDA licensing would be required for cat or dog breeders with 7 or more
litters per year -- current threshold used by The American Kennel Club to
inspect dog breeders registering litters with the AKC, lowered from a
previous level of 11 litters. This low threshold unrelated to the number
of animals produced has discriminatory impact on cat breeders, dog breeders
of toy and other small breeds and others in special circumstances.
A new Policy Statement, "Responsible Breeding Practices" approved by the
AKC Board at its April meeting states, "AKC Investigations and Inspections
department conducts more than 5,000 kennel inspections each year." USDA
currently licenses over 2,000 kennels and today begins a 90-day drive to
license facilities not licensed under the current Regulations. The
position of USDA on this bill is unknown.
The bill would eliminate the qualitative and predictable standard for
regulation of cat and dog breeders and replace it with a quantitative
threshold with inherently unpredictable variability that is normally
inconsistent with participation in a regulated business sector where
compliance costs and feasibility must be factored into the business plan.
Costs associated with sale, risk of loss and cost of care beyond minimum
age for sale to a distributor make retail dog breeding an economically
problematic business model at any scale of operation whether conducted as a
hobby or business. USDA licensed dealers can incur thousands of dollars of
fines for minor violations and administrative mistakes that are a
disproportionate burden and deterrent to small operators.
*****
STANISLAUS COUNTY, CALIFORNIA targeted for a City of Los Angeles copycat
ordinance by Los Angeles physician Richard G. McLellan, will again hear the
amended proposal at an evening meeting on Tuesday, June 21. Cat licensing
is now only optional; $100 annual litter permit for dogs or cats, 1 litter
(subject to L.A. one time exception,) and exempting registered feral
colonies; $100 unaltered dog license except $28 for "An owner who owns or
operates an actual livestock working ranch or livestock farming operation
of more than two acres. OR - An owner who either: Registers and
participates in an American Kennel Club (AKC), United Kennel Club (UKC), or
other state or nationally recognized organization and is a member of a
parent club or organization for the purposes of showing, training, agility
trials, or hunting and provides documentation to the Department of Animal
Services of such membership and participation in the above animal
activities." Paying full fare sounds easier.
Madera County, the City of Sacramento and Sacramento County are still
considering similar possibilities.
*****
CALIFORNIA BILLS must clear their house of origin by Friday June 3, and
some are encountering opposition on floor votes. As of May 31:
CALIFORNIA AB 647 this year's effort to legalize domestic ferrets in
California by Assembly Member Paul Koretz (D-42) of West Hollywood but with
bi-partisan authorship
from both Houses, passed the Assembly 68-6 (total 80) with interesting noes
from Arambula, Benoit, Blakeslee, Huff, Parra and Ruskin. Absent,
abstaining, or not voting were, Chan, Gordon, Levine, Nation, Nava and
Pavley.
CA AB 1685 by Democrat Johan Klehs to prohibit animal slaughter on public
school K-12 grounds is a bill we normally would not report, but it is
remarkable for failing by miserably with only 21 ayes (41 needed,) 43
bi-partisan noes and 16 absent, abstaining or not voting including
Democrats usually supporting animal bills.
CA SB 156 by Democrat Nell Soto, sponsored by HSUS, to enhance criminal
penalties for non-dog animal fighting passed easily 33-3, 4 absent,
abstaining or not voting. SB 156 is opposed by the California Public
Defenders Association.
CALIFORNIA SB 914 by Senator Christine Kehoe (D-39) of San Diego, co-author
Assembly Member Mark Wyland (R-74) of Vista to create a new misdemeanor
crime of animal cruelty for sale of a dog under 8 weeks without written
authorization of a California licensed veterinarian, as amended May 26, was
still on the Senate Floor today. The Senate Floor Analysis had been
updated to reflect the amendments and correctly list the Antelope Valley
Kennel Club as opposition along with the California Waterfowl Association,
California Sportsman's Lobby, Inc., Outdoor Sportsmen's Coalition of
California, the Safari Club International, the National Pet Alliance and
The Animal Council.
*****
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