UPDATES FROM THE ANIMAL COUNCIL, 2/24/08

UPDATES FROM THE ANIMAL COUNCIL, 2/24/08
Posted by: "floss062003" TheAnimalCouncil@ floss062003
Sun Feb 24, 2008 7:07 pm (PST)
UPDATES FROM THE ANIMAL COUNCIL

February 24, 2008
(Last publication date 2/4/08
Appropriate forwarding encouraged: retain original header, footer) Preserving Our Right To Own And Breed Animals Is Your Responsibility

IN THIS ISSUE:
* NEW 2008 CALIFORNIA BILLS

THE ANIMAL COUNCIL'S web site at http://www.theanimalcouncil.com is updated frequently supplementing advocacy information through these updates and includes emerging, historical and reference information including complete information on 2008 California bills we track at http://www.theanimalcouncil.com/CA2008.html
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BRIEFLY NOTED

CITY OF LOS ANGELES City Council on February 12, 2008 passed the second reading of its version of a mandatory sterilization ordinance for dogs and cats by vote of 14-1, Rosendahl opposing, and Mayor Antonio Villaraigosa is to sign it on Tuesday. The 2000 amendments of high fee unaltered dog license and increased fee breeding permit passed by only 12-3, and the original 1977 breeding permit ordinance passed only with unexpected vote changes, making this an almost impossible political obstacle that will not necessarily be replicated elsewhere. The ordinance text is available in the City's section of http://www.theanimalcouncil.com/CurrentLegislativeMaterial.html

HUNTINGTON BEACH ("SURF CITY USA"), ORANGE COUNTY, CALIFORNIA City Council on February 4 did reject the proposed mandatory spay/neuter and microchip ordinance for BOTH dogs and cats at 6 months based sketchily on the Los Angeles County model exemptions proposed by Council Member Keith Bohr who had testified for AB 1634 at the July hearing in Sacramento. Still under consideration is a requirement for a city business license in order to advertise any dog or cat available for any type of transfer regardless of whether the owner is in business.

SANTA BARBARA COUNTY in regard to a proposed mandatory sterilization ordinance of uncertain origin, Jan E. Glick, Director, Santa Barbara County Animal Services reports that "This ordinance is in the discussion and rough draft stages currently. We expect it to go to the Board of Supervisors for consideration in May. The forums are currently on hold." Glick's letter of September 2006 in support of MSN for Santa Barbara County surfaced in the Lompoc City Council file and is also available at the above web page.
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NEW CALIFORNIA BILLS were be introduced by Friday, February 22, and we will be listing, tracking and reporting developments on the active bills as warranted either on the web site or through these Updates.
Since the last Updates of February 4, we have identified the following bills of interest. Apparently no legislator wanted to tackle anything on the level of AB 1634, which remains in its legislative equivalent of medically induced coma from which those who love it hope it shall rise again. The new bill list is long and covers a variety of topics. There are some "spot" bills that merely reference intent to legislate on a sketchy subject, and these as well as other bills could be amended later to present additional challenges. The spring recess is early this year beginning at adjournment March 13 with the Legislature resuming on March 24.

SENATE

CA SB 1205 by Dr. Sam Aanestad (R-4) of Grass Valley would amend and add to the Veterinary Practice Act a number of provisions that probably originate with the California Veterinary Medical Association. SB 1205 has been dual referred to the Senate Committee on Business, Professions and Economic Development and to the Senate Judiciary Committee.

CA SB 1548 by Alex Padilla (D-20) of Pacoima amends and adds to the Veterinary Practice Act related to Veterinary Medical Board requirements and authorized fees.

CA SB 1527 by Leland Yee (D- of San Francisco with Jeff Denham (R-
12) of Modesto and Mark Wyland (R-38) of Escondido would require prior to 1/1/09 sale of the Cow Palace in Daly City with net proceeds paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, which is a continuously appropriated subaccount in the Budget Stabilization Account. The Cow Palace has been a venue for dog shows and other animal-related events with AKC obedience trials held there today. The plan is for commercial and residential development and the state avoiding paying for upgrading the facility.

ASSEMBLY:

CA A.C.R. 103 by George Plescia (R-75) of San Diego would resolve that the Assembly of the State of California, the Senate thereof concurring, That June 20, 2008, shall be designated as Take Your Dog to Work Day and that employers are encouraged to make their workplaces pet friendly. Pet Sitters International created "Take Your Dog to Work Day" in 1999.

CA AB 1938 by George Plescia (R-75) of San Diego would authorize a credit against that tax for each taxable year beginning on or after January 1, 2008, in an amount equal to 25% of the aggregate amount paid or incurred by a taxpayer for qualified costs, as defined, to spay or neuter a cat or dog and would take effect immediately as a tax levy. Prior failed bills on this subject were: SB 430 (Edward
Vincent) 2001 failed in policy committee; AB 1139 (Virginia Strom-
Martin) 1999-2000 voluntary check-off contribution; AB 373 (Lynne C.
Leach) 2001 allowing tax deductions for veterinary expenses for adopted shelter/rescue animals and for vets doing pro bono vet services for same. While these bills received almost unanimous aye votes, all failed due to barriers within the state finance system.
See additional linked information on our CA 2008 bill tracking table for AB 1938, and also see AB 2199 below.

CA AB 1958 by Sandré Swanson(D-16) Oakland would amend Section
1808.4
of the Vehicle Code that makes confidential the home address of a list of local, state, and federal officers or employees, and the spouse or child of that officer or employee, that appears in the Department of Motor Vehicles records, if the included person requests it be kept confidential, with certain exemptions for information available to specified governmental agencies, to ADD a veterinarian employed by a zoo, a public animal control agency, shelter or a society for the prevention of cruelty to animals shelter or a humane society shelter contracting with a local public agency for animal care or protection services.

CA AB 1969 by George Plescia (R-75) of San Diego and Cameron Smyth
(R-
38) of Granada Hills would amend Penal Code Section 600 regarding wilful and malicious crimes against any horse or dog used by a peace
officer: amending current (c) to create subsection (1) substituting "destruction" for "death"; adding (2) if under the specified circumstances of (1), a person causes the death of the animal, punishment of state prison for 3, 4 or 5 years, elevated from existing law. AB 1969 is this year's version of last year's failed AB 667.

CA AB 2131 by Roger Niello (R-5) of Sacramento would add Section
54.25 to the Civil Code to permit a peace officer assigned to a canine unit, who is on official assignment for travel away from his or her home jurisdiction, to be accompanied in those places by his or her peace officer dog without paying an extra charge; and amend Penal Code Section 365.5 to create a crime of interfering with or preventing such officer from these rights.

CA AB 2199 by Tony Mendoza (D-56) of Artesia would amend the Revenue and Taxation Code to allow taxpayers to designate on their tax returns, a specified amount in excess of their tax liability be transferred to the Low Cost/Free Spay-Neuter Fund, to be created by this bill, but not until another voluntary contribution designation is removed from the return form and repealed either Jan. of the 5th year after actually being added or if the Franchise Tax Board estimates the annual contribution amount will be less than $250k.

CA AB 2132 by Guy Houston (R-15) of San Ramon would amend and add to the Fish and Game Code to require minimum-sized 8-1/2 x 11 no- trespassing signs; permit a person to enter another's land with oral consent of owner/agent; would make it unlawful for a person to remove any collar from a hunting dog with the intent to prevent or hinder the owner from locating the dog; and permit the use of one dog per hunter, for the purpose of tracking and locating a dead or wounded deer, in every area where a deer may lawfully be taken during archery season. Any person convicted for removing a collar would pay the dog owner restitution of the actual value of the dog as well as any lost breeding revenues.

CA AB 2233 by Bill Maze (R-34) of Visalia would add Section 23118 to the Vehicle Code, "A person shall not drive a motor vehicle while holding alive animal in his or her arm or arms, or upon his or her lap." This would create an infraction level crime.

CA AB 2276 by Felipe Fuentes (D-39) of Sylmar would extend the statutory scheduled in-operation and repeal dates for the State Board of Guide Dogs for the Blind in the Department of Consumer Affairs.

CA AB 2281 by Pedro Nava (D-35) of Santa Barbara would amend Penal Code Section 597.5 to elevate from misdemeanor to felony the offense for any person to be intentionally present, as a spectator, at any place, building, or tenement where preparations are being made for a dog fight, or to be knowingly and intentionally present at a dog fight, as specified.

CA AB 2296 by Gene Mullin (D-19) of South San Francisco would declare the intent of the Legislature to enact legislation to protect individuals engaging in work with animal subjects in California.

CA AB 2423 by Karen Bass (D-47) of Los Angeles would amend the Business and Professions Code to mitigate unnecessary barriers to specific licensing, including Registered Veterinary Technicians for individuals with criminal records.

CA AB 2602 by Cameron Smyth (R-38) of Granada Hills, as introduced, states "It is the intent of the Legislature to subsequently amend this measure to include provisions that would prohibit a public institution of higher education from funding, facilitating, or otherwise providing direct support for the lethal taking of any vertebrate animal by means of hunting or trapping."

CA AB 2949 by Mark DeSaulnier (D-11) of Martinez would amend Civil Code sections to provide that an involuntary deposit is made by the abandonment or leaving of a live animal in or about any premises or real property that has been vacated upon, or immediately preceding, the termination of a lease or other rental agreement or foreclosure of the property; and authorize any person or private entity with whom a live animal is involuntarily deposited to immediately transfer the animal to any animal control agency or shelter for proper care and attention, or to notify animal control officials for the purpose of retrieving the animal. This bill addresses the recent problem of animals abandoned in foreclosed homes where they must remain subject to the same laws as other personal property left behind. The American Veterinary Medical Association has published "Pets and foreclosed homes: Frequently asked questions" on February 5, 2008 and available at http://www.avma.org/issues/animal_welfare/pets_foreclosed_homes_faq.a
s
p

AVMA includes among its options for animal owners forced to vacate homes, "Advertise your adoptable pet(s) in a pet-specific classified ad listing (see some resources below). Screen potential adopters as carefully as possible to ensure that your pet ends up in a quality home." Recent proposed ordinance amendments for the City of Los Angeles (not yet enacted) and Huntington Beach would impose bureaucratic permits and costs on anyone advertising availability of an animal, actually creating incentives for shelter surrender if not abandonment for owners already under extreme personal and financial stress.

MAINTENANCE OF THE CODES bills for each house this year make non- substantive amendments to two animal-related statutory provisions.
If enacted, the amended wording should be referenced in future years. See the 2008 Bill Table for details.
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*a service of THE ANIMAL COUNCIL, P.O. BOX 168, MILLBRAE CA 94030 Contact us at URL Incorporated 1991, tax exempt under IRC Section 501(c)(4) Online news updates published sporadically since 1997.
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