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 URGENT... need help for N. California .. June 18, 2005 5:44 AM

Subject: Fwd: ALERT: CA SB 914; SANTA CLARA COUNTY CA  6/17/05

The email below is a forward from the Animal Council:


>ALERT: CA SB 914;  SANTA CLARA COUNTY CA
>
>June 17, 2005
>(Last publication date 6/7/05
>Appropriate forwarding encouraged.)
>Preserving Our Right To Own And Breed Animals Is Your Responsibility
>
>IN THIS ISSUE:
>* SANTA CLARA CNTY: COMMISSION, GUARDIAN,
>* CA SB 914 PUPPY SALE CRIME TO ASM B&P
>* REGISTER COMMITTEE OPPOSITION BY 6/22
>
>SANTA CLARA COUNTY, CALIFORNIA:  The Animal Advisory Commisson has an open
>seat and an opportunity to balance the activists.  A dog person would be a
>good fit.  This only takes 2 hours once a month.  Contact us for more
>information.
>
>Elliot Katz of In Defense of Animals will make his Guardian presentation to
>the Commission at its July 14 meeting. Supervisor Jim Beall is expected to
>author a Guardian ordinance.
>
>CALIFORNIA SB 914 by Senator Christine Kehoe (D-39) of San Diego, co-author
>Assembly Member Mark Wyland (R-74) of Vista to create a new misdemeanor
>crime of animal cruelty for sale of a dog under 8 weeks without written
>authorization of a California licensed veterinarian, as amended May 26, is
>now in the Assembly Committee on Business and Professions and set for
>hearing on Tuesday, June 28, State Capitol, Room 127, 9:00 a.m.
>
>Problems with SB 914 include:
>
>*  Creation of a new crime of animal cruelty only based on regulation of
>sale by individuals of healthy, weaned puppies under safe conditions.
>Eight weeks is an arbitrary age, and many buyers wish to acquire puppies at
>what has been considered an ideal age of 49 days - give or take, depending
>on practical factors, without ill effect.
>
>*  Potential injustice to unknowing individuals who would not be aware of
>the requirement for written authorization by a California licensed vet to
>sell puppies younger than 8 weeks but sell a healthy, weaned puppy
>
>CA SB 914 has now been amended 3 times since introduction.  The May 26
>amendments specified that for purposes of this bill, a sale is not complete
>until transfer of physical custody.  SB 914 now reads:
>
>SECTION 1.  Section 597z is added to the Penal Code, to read:
>    597z.
>    (a)  (1)    Except as otherwise authorized under any other provision of
>law, it shall be a crime, punishable as
>specified in subdivision (b), for any person to sell one or more dogs under
>eight weeks of age, unless, prior to any physical transfer of the dog or
>dogs from the seller to the purchaser, the dog or dogs are approved for
>sale, as evidenced by written documentation from a veterinarian licensed to
>practice in California.
>    (2) For the purposes of this section, the sale of a dog or dogs shall
>not be considered complete, and thereby subject to the requirements and
>penalties of this section, unless and until the seller physically transfers
>the dog or dogs to the purchaser.
>    (b) Any person who violates this section shall be punished as
>follows:
>    (1) A first offense shall be an infraction punishable by a fine of
>one hundred twenty-five dollars ($125).
>    (2) A second offense shall be an infraction punishable by a fine
>of two hundred fifty dollars ($250).
>    (3) A third or subsequent offense shall be a misdemeanor.
>    (c) With respect to the sale of two or more dogs in violation of this
>section, each dog unlawfully sold shall represent a separate offense under
>this section.
>    (d) This section shall not apply to any of the following:
>    (1) An organization, as defined in Section 501(c)(3) of the Internal
>Revenue Code, or any other organization that provides, or contracts to
>provide, services as a public animal sheltering agency.
>    (2) A pet dealer as defined under Article 2 (commencing with Section
>122125) of Chapter 5 of Part 6 of Division 105 of the Health and Safety
>Code.
>    (3) A public animal control agency or shelter, society for the
>prevention of cruelty to animals shelter, humane society shelter, or rescue
>group regulated under Division 14 (commencing with Section 30501) of the
>Food and Agricultural Code.
>   SEC. 2.
>    No reimbursement is required by this act pursuant to Section 6 of
>Article XIII B of the California Constitution because the only costs that
>may be incurred by a local agency or school district will be incurred
>because this act creates a new crime or infraction, eliminates a crime or
>infraction, or changes the penalty for a crime or infraction, within the
>meaning of Section 17556 of the Government Code, or changes the definition
>of a crime within the meaning of Section 6 of Article XIII B of the
>California Constitution.
>
>THE STRATEGY:  There are 10 members of the Committee, 7 Democrats and 3
>Republicans.  Six votes will be needed to pass.  Because of the partisan
>voting patterns on animal bills in California and practice of "not voting"
>votes, the opposition goal is to prevent the bill from getting the votes
>necessary to pass.  Members Koretz and Bass are activists, but the others
>can be thoughtful.
>
>Ask legislators to not support the bill.  Tell them that 8 weeks is an
>arbitrary age and set too high, and that the con  [ send green star]  [ accepted]
 
Part 2... June 18, 2005 7:25 AM

>Ask legislators to not support the bill.  Tell them that 8 weeks is an
>arbitrary age and set too high, and that the consequences of an animal
>cruelty conviction of any kind is a bar to holding animal related permits,
>licenses. employment and sometimes simply owning an animal. People who are
>not in business and merely not informed of the written authorization
>requirement and not harming a puppy should not be criminals.
>
>Registered opposition in the Senate was California Waterfowl Association,
>California Sportsman's Lobby, Inc., Outdoor Sportsmen's Coalition of
>California, Safari Club International, National Pet Alliance, The Animal
>Council and Antelope Valley Kennel Club.  Policy committee consultants in
>the second house prepare a new analysis and opposition should be
>re-confirmed.  In the Assembly, these analyses follow the bill to the
>Floor.
>
>Letters of opposition expressly asking to be recorded as opposition for the
>Bill Analysis - listed for organizations (use letterhead) and numerically
>for individuals should be FAXED IMMEDIATELY to the attention of Ms. Tracy
>Rhine, Committee Consultant and titled, "SB 914 - An act to add Section
>597z to the Penal Code, relating to animals as amended  May 26 -
>OPPOSITION."
>
>LETTERS MUST ARRIVE BY WEDNESDAY, JUNE 22.  Transmit copies or individual
>letters to Author Kehoe and Co-author Wyland and to individual committee
>members and copy your own California legislators.
>
>The Honorable Gloria Negrete McLeod
>Chair, California State Assembly
>Committee on Business and Professions
>1020 N Street, Room 124
>Sacramento  CA  95183
>
>Attention:  Tracy Rhine, Committee Consultant
>
>FAX:  916-319-3306
>Committee Office Voice phone:  916-319-3301
>
>Assembly Member link page:
>http://www.assembly.ca.gov/acs/acsframeset7text.htm
>
>The Honorable Gloria Negrete McLeod  (D-61)    Montclair
>COMMITTEE CHAIR
>State Capitol, Room 5016
>P.O. Box 942849
>Sacramento, CA 94249-0061
>(916) 319-2061
>Fax (916) 319-2161
>Assemblymember.McLeod@assembly.ca.gov
>
>The Honorable Shirley Horton (R-78) Lemon Grove
>COMMITTEE VICE CHAIR
>State Capitol, Room 2174
>P.O. Box 942849
>Sacramento, CA 94249-0078
>(916) 319-2078
>Fax (916) 319-2178
>Assemblymember.Shirley.Horton@assembly.ca.gov
>
>The Honorable Karen Bass  (D-47)   Los Angeles
>State Capitol, Room 2117
>P.O. Box 942849
>Sacramento, CA 94249-0047
>(916) 319-2047
>Fax (916) 319-2147
>See link page for email
>
>The Honorable Dario Frommer  (D-43)    Glendale
>State Capitol, Room 319
>P.O. Box 942849
>Sacramento, CA 94249-0043
>(916) 319-2043
>Fax (916) 319-2143
>Assemblymember.Frommer@assembly.ca.gov
>
>The Honorable Paul Koretz  (D-42)   West Hollywood
>State Capitol, Room 4140
>P.O. Box 942849
>Sacramento, CA 94249-0042
>(916) 319-2042
>Fax (916) 319-2142
>Assemblymember.Koretz@assembly.ca.gov
>
>The Honorable Bill Maze  (R-34)    Visalia
>State Capitol, Room 4015
>P.O. Box 942849
>Sacramento, CA 94249-0034
>(916) 319-2034
>Fax (619) 319-2134
>Assemblymember.maze@assembly.ca.gov
>
>The Honorable Joe Nation (D-6)San Rafael
>State Capitol, Room 5119
>P.O. Box 942849
>Sacramento, CA 94249-0006
>(916) 319-2006
>Fax (916) 319-2106
>Joe.Nation@asm.ca.gov
>
>The Honorable Van Tran  (R-68) Costa Mesa
>State Capitol, Room 4009
>P.O. Box 942849
>Sacramento, CA 94249-0068
>(916) 319-2068
>Fax (916) 319-2168
>assemblymember.tran@assembly.ca.gov
>
>The Honorable Juan Vargas(D-79)Chula Vista
>State Capitol, Room 2013
>P.O. Box 942849
>Sacramento, CA 94249-0079
>(916) 319-2079
>Fax (916) 319-2179
>  [ send green star]  [ accepted]
 
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