UPDATE: CA SB 914 AMENDED, BUT... April 18, 2005 (Last publication date 4/13/05 Appropriate forwarding encouraged.) Preserving Our Right To Own And Breed Animals Is Your Responsibility IN THIS ISSUE: * CA SB 914 PUPPY BILL, AMENDED 4/14, STILL NEEDS TO CHANGE FROM CRIME TO CIVIL OFFENSE IN MEMORIAM: To date, we have only memorialized people on occasion but do want to let our and his friends know of the passing of Pacifica Plum Pud'n Tovarich, liver spotted Dalmatian known as "Buddy." His show career was limited and modest, beginning in the 6-9 Puppy class in 1993 and ending with a qualifying score in obedience last fall just before his 12th birthday, but he embodied the purebred dog as the legacy of a gene pool passed from one human generation to the next to be preserved, protected and respected. Our longtime readers will remember Buddy's 45 minute sit-stay during the interview with CBS Correspondent Richard Schlesinger for the Eye on America "Guardian" segment that aired August 7, 2000. The video and article are available at <http://www.cbsnews.com/stories/2000/08/07/eveningnews/main222543.shtml> BRIEFLY NOTED: CALIFORNIA AB 418 by Assembly Member Paul Koretz (D-42) of West Hollywood to prohibit dog ear cropping in California is in the "Suspense" file in the Assembly Committee on Appropriations as described in our April 13 publication and on the AKC website. It needs to stay there. Bill proponents including major organizations (ASPCA and HSUS) are asking their grassroots to urge Appropriations Committee members to help get the bill moving again. Also, see the Association of Veterinarians for Animal Rights (AVAR) Spring 2005 newsletter for background. <http://avar.org/dirspring2005.pdf> We published the entire Assembly Roster with complete contact information on April 13 although there were a few minor formatting glitches, not affecting usefulness, for which we apologize. CALIFORNIA SB 914 by Senator Christine Kehoe (D-39) of San Diego to create a new misdemeanor crime of animal cruelty for sale or any transfer of a dog under 8 weeks except to a shelter or humane group was amended on April 14 with considerable improvements addressing many of our concerns. However, it still creates a new crime that is animal abuse. This is now inconsistent with the amended provisions which are now simply a regulated sale that should be a civil offense in the Health and Safety Code with other provisions relating to the sale of dogs. Republican Assembly Member Mark Wyland (R-74) of Vista has been added as a co-author of SB 914 which is intended to address the problem of underage puppies brought in from Mexico and sold in Southern California to meet local demand for puppies. Our concern is to balance the public health interests against those of California residents who do supply puppies for local buyers and should not be thrown into the criminal justice system for what now could be harmless procedural omissions. The policy hearing on SB 914 is postponed until Monday, April 25 in the Senate Business, Professions and Economic Development Committee at 2:00 P.M. in Room 3191, State Capitol. SB 914 AMENDMENTS now limit the misdemeanor punishment to no more than a $1,000 fine, eliminating jail time. However, all other aspects of criminal procedure and a resulting criminal conviction for animal abuse would apply. For a person employed in the animal field, holding any type of permit or license related to animals or many other types personal or professional status qualification, this type of criminal conviction is a bar. But, the offense has now been narrowed to ONLY SALE of a dog under 8 weeks "unless that sale is approved by a veterinarian licensed to practice in California as evidenced by written documentation." Giving away or otherwise transferring have been eliminated as offenses. The exceptions as to who must comply have been broadened. In addition to the Internal Revenue Code Section 510(c)(3) organization or animal services contractor, the bill now expressly excludes a "pet dealer" as defined in the Health and Safety Code Section 122125 et. seq., the Lockyer-Polanco-Farr Pet Protection Act covering "pet dealers" - essentially pet stores and the defined entities under Food & Agricultural Code Section 30510 et. seq. ("Vincent bill for sterilization purposes.) These are, "A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group." "Rescue groups" in that statue are broadly defined as: "For the purposes of this section a rescue group is a for profit or not for profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of dogs that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that dog." AS AMENDED ON APRIL 14, SB 914 creates a crime of animal abuse for anyone except those expressly excluded (above) to SELL a dog under 8 weeks without written approval by a California veterinarian. Assuming that veterinarians would be willing to approve a sale in appropriate circumstances, this is not a great burden since a puppy should be seeing a veterinarian at some time prior to 8 weeks - AS LONG AS THE SELLER REALIZES THERE IS A REQUIREMENT. Here is our problem with this offense remaining a crime of animal abuse. It now is an issue of compliance with a regulation of sellers which should be a civil offense and not a crime. The Health and Safety Code already contains the Lockyer-Polanco-Farr Pet Protection Act, Polanco-Lockyer Pet Breeder Warranty Act (applies only to dogs) and Sections 122300-122315 also applying only to dogs covering pedigree registry disclosure requirements. Thus, we believe that SB 914 should be amended to create only a new civil offense to be included with similar type provisions in the Health and Safety Code so that the consequences and stigma to unknowing violators are less severe and the provision more readily accessible by inclusion with similar laws. Merely failing to obtain a written approval from a veterinarian should not be a crime. If harm is actually caused, it should be charged and prosecuted under other laws. Letters addressing this point of opposition and commending the author's willingness to address concerns should be sent to the author and co-author and to the Committee to the attention of Bill Gage, Committee Chief Consultant (requesting listed opposition unless amended.) Letters should arrive no later than April 19, Tuesday. Mark the letters, "SB 914 - An act to add Section 597z to the Penal Code, relating to animals - OPPOSITION, as amended April 14." Copy the author, co-author and Committee members. Address these request letters as follows: The Honorable Liz Figueroa Chair, Senate Committee on Business, Professions and Economic Development State Capitol, Room 2053 Sacramento CA 95814 Attention: Bill Gage, Committee Chief Consultant FAX: 916-324-0917 Committee Office Voice phone: 916-445-3435 The Committee has 7 members, 4 Democrats and 3 Republicans. The bill must have 4 votes to pass. Link for Senators home pages is: http://www.sen.ca.gov/~newsen/senators/senators.htp Senator Liz Figueroa (Chair) (D-10) Fremont State Capitol, Room 4061 Sacramento CA 95814 (916) 445-6671 phone (916) 327-2433 fax Senator.Figueroa@xxxxxxxxxx Senator John Campbell (Vice-Chair) (R-35) Irvine State Capitol, Room 3056 Sacramento CA 95814 Phone: 916-445-4961 Fax: 916-445-9263 Senator.campbell@xxxxxxxxxx Senator Samuel Aanestad (R-4) Grass Valley State Capitol, Room 2054 Sacramento CA 95814 Fax: 916-445-7750 Phone: (916) 445-3353 Senator.Aanestad@xxxxxxxxxx http://republican.sen.ca.gov/web/4/feed.asp Senator Dean Florez (D-16) Fresno State Capitol, Room 5061 Sacramento CA 95814 Phone (916) 445-4641 Fax (916) 327-5989 Senator.Florez@xxxxxxxxxx Senator Bill Morrow (R-38) Carlsbad State Capitol, Room 4048 Sacramento CA 95814 Phone: (916) 445-3731 Fax: 916-446-7382 Senator.Morrow@xxxxxxxxxx Senator Kevin Murray (D-26) State Capitol, Room 5050 Sacramento CA 95814 (916) 445-8800 Fax (916) 445-8899 Senator.Murray@xxxxxxxxxx Senator Joe Simitian (D-11) Palo Alto State Capitol Room 4062 Sacramento CA 95814 Phone: (916) 445-6747 Fax: (916) 323-4529 Senator.Simitian@xxxxxxxxxx Senator Christine Kehoe (D-39) San Diego - AUTHOR State Capitol, Room 5050 Sacramento CA 95814 Phone: 916-445-3952 Fax: 916-327-2188 Senator.Kehoe@xxxxxxxxxx The Honorable Mark Wyland (R-74) Vista CO-AUTHOR State Capitol, Room 4130 P.O. Box 942849 Sacramento, CA 94249-0074 Phone (916) 319-2074 Fax (916) 319-2174 ***** ============================================================================ POST is Copyrighted 2005. All material remains the property of the original author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind are permitted without prior permission of the original author AND of the Showgsd-l Management. ALL RIGHTS RESERVED. ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE PROSECUTED. For assistance, please contact the List Management at admin@xxxxxxxxxxxx VISIT OUR WEBSITE - http://www.showgsd.org ============================================================================