Legislative Alert-MI

To Michigan Dog Clubs:

The Michigan Legislature has introduced Senate Bill 626 to prohibit certain
dog races for the purpose of wagering or gambling. Since the bill does not
define "dog racing" or "wagering" or "gambling" the Michigan Association for
Pure Bred Dogs believes it "opens the door" to protests from animal rights
groups to challenge certain dog show events such a "agility, fly ball, lure
coursing races, sled dog racing, coon dog races, etc. Please read the
position paper in light of the following quote from the Michigan Penal Code
(750.301).

"Any person or his or her agent or employee who, directly or indirectly,
takes, receives, or accepts from any person any money or valuable thing with
the agreement, understanding or allegation that any money or valuable thing
will be paid or delivered to any person where the payment or delivery is
alleged to be or will be contingent upon the result of any race, contest, or
upon the happening of of any event not known by the parties to be certain,
is guilty of a misdemeanor punishable by imprisonment for not more than 1
year or a fine of not more than $1,000.00."

The question should be asked of your legislators "does the act that
prohibits "certain dog races," some of which put the many competitive events
such as fly ball racing, lure coursing, agility trials, coon hound water
races, etc. at peril by the "vague" definitions in the act.

Contact your Senator and ask this question: what is the motivation behind
SB 626? Please forward any response you receive from you Senator. Thanks.

Al Stinson, DVM. Director of Legislative Affairs, Michigan Association for
Pure Bred Dogs and Michigan Hunting Dog Federation.

Position Paper

Senate Bill 626 (S-5)

The Michigan Association for Pure Bred Dogs and the Michigan Hunting Dog
Federation oppose Substitute S-5 of Senate Bill 626 as written.

This legislation prohibits certain dog races; prohibits the simulcasting of
certain dog races; and prescribes penalties. “A person shall not hold,
conduct, or operate dog racing for the purpose of wagering or gambling.”

Wagering or gambling in the bill is not clearly defined [Sec. 1 (c)] even
though it does make a statement of what the law does not include. (Does not
include the payment of a purse or prize to the owner, manager, or trainer of
a dog in connection with a race in which the dog races.)

This statement is not helpful for the owner, manager, or trainer to
understand what other activities may be prohibited as wagering or gambling
as defined in a standard dictionary. Does MCL 750.307 Gambling: prima facie
evidence apply?

Quoted from the WEBSTER’S NEW WORLD DICTIONARY of American English
(Printice Hall, New York copyright 1994:

Wager n. 1. Bet: 2. a pledge to do something or abide by an outcome:

Gamble vi. 1. to play games of chance for money. 2. to take a risk in order
to gain some advantage. vt. to risk in gambling; bet, wager; n. an act or
undertaking involving risk or a loss.

The dog industry, one of the most economically important animal industries
in Michigan, sponsors a wide variety of competitive activities such as
conformation shows, obedience trials, hunting trials, sled dog racing, and
others that meets the definition “to take a risk in order to gain some
advantage.” What are some of these advantages?

* Pride and satisfaction of owning an animal of distinction.

* A means of advertising the performance, appearance and/or of the
owner’s breeding program.

* Enjoyment of the opportunities for recreational activities with
their dogs.

* For breeders, the opportunity to increase the reputation of their
dogs by demonstrating their performance in competitive events, resulting in
increased sales of dogs. Cash entry fees (risks) are a general requirement
for participation. This cost is used to finance the cost of the competition
and pay the costs of the awards to the winners.

The competitive public events sponsored by Michigan dog clubs in which the
exhibitors “take a risk to gain some advantage” could result in a violation
of this act. Practically all of these competitive events require the
entrant to pay a fee. There is no guarantee of a win with such a fee. Thus
all that money is essentially at risk to the exhibitor of any dogs entered
in the competition.

The Michigan Association for Pure Bred Dogs and the Michigan Hunting Dog
Federation are composed

of over 100 clubs that are located throughout Michigan. These clubs are
engaged in competitive recreational activities that could be interpreted as
violating this act, either by the club, their exhibitors or guests,
depending upon the interpretation of the words “gambling” and “betting” and
“wagering.” The events attract entries from throughout the United States
and Canada. A very important Michigan tourist attraction.

The information provided by the proponents of the bill at the hearing of the
Committee on Commerce and Tourism on January 21, 2008:

SB 626 - Information Sheet - no author given)

SB 626 - Selection of Relevant News Articles (no author given)

raised some disturbing questions about the true purpose of this legislation
and its effect on other forms of recreational and competitive activities of
the dog industry..

The statement within SB 626 - Information Sheet, [the paragraph entitled
“What this legislation is NOT intended to do: - Represent the interest or
further the cause of any particular organization, animal rights group,
rescue or other animal welfare entity”] plus the text of the document [“SB
626 – Selection of Relevant News Articles”] is a more plausible explanation
of the real intent of the legislation’s supporters. The thrust of these
documents is mainly related to propaganda from anti-racing organizations
with a biased animal activist view of the risks dog are exposed to in the
“racing sports.”

The risks and perils of greyhound racing are no different from those of
other forms of competitive activities. Similar risks are encountered in
other racing events such as sled dog races, coon hound races, lure coursing
and agility trials, If this legislation is enacted in Michigan in the
current session (it was rejected in the 1996 session) the animal rights
lobby’s next effort will be to stop sled dog racing, then coon hound racing.
All under the guise of preventing gambling and cruelty. The animal rights
proponents are already trying to stop sled dog racing events with
accusations of it being cruel to sled dogs. Next to be prohibited will be
hunting events (dogs used in large game hunting are at considerable risk.)
Then, the legislature will be asked to outlaw hunting, one of the ultimate
goals of the animal rights agenda.

The Michigan Association for Pure Bred Dogs and the Michigan Hunting Dog
Federation urge you to defeat SB 626. If the sport of dog racing is
detrimental to the public as a gambling and wagering event, then ban other
forms of gambling supported by Michigan’s statutes. Likewise, if dog racing
is a sport of cruelty, then all animal racing events such as horse racing,
and indeed, even boat racing would be considered cruel and should be
prohibited (to save the fish who are at risk for damage from propellers.)
These bans could also be extended to training and competing with horses in
timed international Olympic events. They too have risks of serious injury
(cruelty?)

Take a well-known leader’s advice:

You should not examine legislation in the light of the benefits it will
convey if properly administered, BUT, in the light of the wrongs it would do
and the harm it would cause if improperly administered.

Lyndon Johnson

36th President of the United States

Prepared by:

Al W. Stinson, BS, DVM, MS, Director of Legislative Affairs
Michigan Association for Pure Bred Dogs & Michigan Hunting Dog Federation
1915 Epley Rd., Williamston, MI, Phone: 517-655-5363, Fax: 517-655-3724,
E-mail: LSFC2@aol.com

February 3, 2008