UPDATES FROM THE ANIMAL COUNCIL, 3/31

UPDATES FROM THE ANIMAL COUNCIL

March 31, 2008
Last publication date 2/24/08
Preserving Our Right To Own And Breed Animals Is Your Responsibility

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IN THIS ISSUE:
* CALIFORNIA BILLS ACTIVITY

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

NOTE TO OUR READERS: A few of the many new, well-intended supporters
of animal owners' interests have allowed enthusiasm for compiling and
publishing information to exceed use of editorial discretion,
accuracy and appropriate sourcing. Accordingly and with regret, time
has come to revise our header language to address this concern while
still encouraging you to forward the entire Updates as you always
have. Our standard for publication remains either personal
knowledge, original source document or independendent corroboration
by a source deemed reliable.
*****

BRIEFLY NOTED

HUNTINGTON BEACH ("SURF CITY USA"), ORANGE COUNTY, CALIFORNIA City
Council on March 17 rejected the last remaining component in what
began has a mandatory spay/neuter ordinance, the 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. The council also elected to align license fees with the
Orange County fee schedule. This successful effort resulted from the
persistent efforts of politically attuned local residents, the key to
stopping detrimental local legislation.

KERN COUNTY Supervisor Maggard at the March 11 Board of Supervisors
meeting, initiated a motion, seconded by Supervisor Watson and passed
with 4 ayes, Supervisor McQuiston absent, making a "referral to
Resource Management Agency and Kern County Animal Control Commission
to report back to the board on Tuesday, June 10, 2008 with animal
control recommendations for the Greater Bakersfield Metropolitan
Area; options to include a mandatory spay and neuter component
providing a range of flexibility and exemption provisions." Kern
County is also recruiting an Animal Control Department Director.
http://www.co.kern.ca.us/ACD/pdfs/RecruitmentDACDFinal.pdf
*****

CALIFORNIA BILLS NEWS

CA SB 1205 by Dr. Sam Aanestad (R-4) of Grass Valley to amend and add
to the Veterinary Practice Act a number of provisions likely
originating from the California Veterinary Medical Association was
dual referred to the Senate Committee on Business, Professions and
Economic Development and to the Senate Judiciary Committee and set
for hearing first in Judiciary on April 7.

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 sale
of the Cow Palace in Daly City for development, was dual referred and
set for first hearing in the Senate Committee on Agriculture on April
1. The Cow Palace is a much needed event venue. For details to
OPPOSE SB 1527, see http://www.savethecowpalace.com/

CA SB 1775 by Ron Calderon (D-30) of Montebello, a late introduction
on February 28, after our last publication, would add a Section 598.1
to the Penal Code imposing property forfeiture provisions in
connection with dog fighting crimes. These provisions far exceed
forfeiture of animals, restitution and fines and present grave policy
issues whenever proposed in criminal law, best known in drug related
crimes. Do expansive forfeiture provisions are sufficiently
deterrent or punitive to justify sometimes draconian impact on
family, persons wrongfully convicted and innocent third parties? We
have already seen provisions for forfeiture of unlawfully bred
litters and individual animals for varying and even trivial reasons.
Codifying expanded provisions in any animal law would create a
troubling precedent for extension to other classes of animal
offenses.

CA AB 1958 by Sandré Swanson(D-16) Oakland that 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, has been amended to ALSO ADD
firefighters and local code enforcement officers responsible for
enforcing housing codes and maintaining public safety in buildings to
this protected class. AB 1958 is set for hearing in the Assembly
Committee on Transportation on April 7.

CA AB 1969 by George Plescia (R-75) of San Diego and Cameron Smyth (R-
38) of Granada Hills to amend Penal Code Section 600 to increase the
state prison term for any person who, with the intent to cause injury
or death, personally causes the death of a horse or dog being used
by, or under the supervision of, a peace officer failed in the
Assembly Committee on Public Safety on March 25 but was granted
reconsideration, the courtesy typically extended to allow an author
to return for reconsideration. Opposed by the California Public
Defenders Association, the committee consultant noted that, "It is
difficult to understand why an increase of penalty for this crime is
sought, when it is so unlikely that the legislation will reduce
criminality or have a deterrent effect. The prison system is
already overcrowded and this proposed legislation would exacerbate
overcrowding."

CA AB 2131 by Roger Niello (R-5) of Sacramento to 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 is set for hearing in the Assembly
Committee on Public Safety on April 1. Supported by law enforcement
agency and supporters, the practical concern is whether these
provisions should be included in PC Section 365.5 covering dogs for
the disabled.

CA AB 2132 by Guy Houston (R-15) of San Ramon as sponsored by the
California Outdoor Heritage Alliance would amend and add to the Fish
and Game Code to address issues of unauthorized removal of electronic
tracking collars from hunting dogs, prohibition on use of hunting
dogs during the archery period of deer hunting season and difficulty
determining which private lands require written permission for entry
for the purpose of hunting. AB 2132 has been amended once and is set
for hearing in the Assembly Committee on Water, Parks and Wildlife on
April 1.

CA AB 2233 by Bill Maze (R-34) of Visalia to add Section 23118 to the
Vehicle Code, "A person shall not drive a motor vehicle while holding
a live animal in his or her arm or arms, or upon his or her lap" is
set for hearing befor the Assembly Committee on Transportation on
April 7.

CA AB 2291 (incorrectly listed as "2199" in our February 23
publication) 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. AB
2299 has been amended to revise and clarify the procedure to
determine the fund's continuation in years after its first appearance
on the tax return. AB 2291 is set for hearing in the Assembly
Committee on Revenue and Taxation on April 14.
*****

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