[ SHOWGSD-L ] UPDATE: CA SB 914 AMENDED, BUT... 4/18/05

  • From: "Sharon Allbright" <sharlen@xxxxxxxxxxxx>
  • To: <showgsd-l@xxxxxxxxxxxxx>
  • Date: Tue, 19 Apr 2005 07:02:16 -0700

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
*****


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  • » [ SHOWGSD-L ] UPDATE: CA SB 914 AMENDED, BUT... 4/18/05