USE THE NAIA CAPWIZ LINK HERE IF YOU NEED TO. PRINT IT OUT AND FAX IT PLEASE, THEN E-MAIL BUT REMEMBER THAT E_MAILS COUNT FOR VERY LITTLE. YOU'LL BE DONE IN 15-20 MINUTES

JEN

I know it's almost summer and legislative #%$@! is not what anyone wants to deal with but protecting our valuable working, show, companion animals and canine family members is important enough, I think, to merit a few moments of our time.

While dog owners scored a huge victory against the original incarnation of AB1634, the new version of the bill has some serious issues that must be addressed.

The new version removes any burden of proof requirement by government or animal/law enforcement agency by making a "complaint" the criteria for levying fines or even forcing the sterilization of dogs or cats. No proof is required that a violation actually took place and complaints may be made by anyone, in writing or orally. It is unlawful to use complaints alone to levy fines or punishment against a U.S. resident, yet that is what the current language of AB1634 seeks to do. Additionally, owners of intact animals are denied legal recourse or hearing in these cases, this is a violation of your right of DUE PROCESS.

The "new" AB1634 makes owners of intact animals second class citizens and deprives them of basic constitutional protections because they own an intact dog or cat no matter what the reason. Owners of sterilized animals, no matter what the infraction, will not have to face additional fees. AB1634 also grants protection from civil action by animal owners penalized by it's statues, giving the owner of an intact pet or working animal no legal protection or recourse.

What you can do:

1) take a few minutes to write the Senate Committee on Local Government and let them know you oppose AB1634 as amended June, 18, 2008 and why.
If you are pressed for time or having trouble articulating your thoughts go to http://capwiz.com/naiatrust/issues/alert/?alertid=11517061>; and use their service to send an e-mail, then print it out and fax it to the Committee, contact info provided in the forwarded messages below. Send it to your own senator too

2) call the same senators once a day to let them know you are opposed to this version, be polite, always.

3) Attend the hearing and rally on Wed. You'll probably see folks you know and it sends one heck of a message to the California legislature.

Thanks,

Jennifer Joseph
BCA Div. III Legislative Liasion

THE FOLLOWING ARE MESSAGES FROM PETPAC AND NAIA





Dear Jay,



California Assembly Bill AB 1634 has been completely gutted and amended with new language. The bill will be heard next Wednesday, June 25 at 9:30 a.m. in the Senate Local Government Committee.

PetPAC is pleased that we have finally defeated the version of AB 1634 which called for mandatory sterilization of all dogs and cats in California. Our lobbying and grassroots efforts resulted in a tremendous victory in stopping mandatory sterilization.

However, we remain opposed to the newly amended AB 1634 because we have a number of concerns with this legislation as currently drafted.

PetPAC agrees with the Cat Fanciers Association that the current amended language is unfair to cat breeders. In addition, there is no appeal process for either dog or cat owners if there is a conflict between the pet owner and animal control agency.

Under this legislation dogs or cats if found in violation can be spayed and neutered at any age regardless of the effect upon their health, without appeal and even if their veterinarian objects to the procedure.

We urge you to contact the Senators on the committee with the objections we’ve outlined above.Let them know you support PetPAC’s position on this issue.

Please join us at the State Capitol in Sacramento for the hearing on Wednesday, June 25 at 9:30 a.m. and for our PetPAC Rally beginning at 12 noon.

Again, thank you for your efforts in helping us defeat the statewide mandatory sterilization bill, but we have more work ahead. Thank you.

Sincerely,

Bill Hemby
PetPAC Chairman

Spread the word about PetPAC.


Have you signed the PetPAC petition opposing AB 1634?


Please help PetPAC fight AB 1634.



Paid for by PetPAC, P.O. Box 1019, Sacramento, CA 95812

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AB 1634 Redraft Eliminates Wholesale Mandatory Spay/Neuter
Take Action!

NAIA Neutral Pending Amendments

June 20, 2008

NAIA Members and Supporters:

We promised in our last alert to notify you of any new developments on AB 1634, so we are writing today to let you know that the time to weigh in is now.

The bill, which originally called for mandatory spay/neuter for nearly all dogs and cats in California, has undergone major changes. While retaining the original bill number, AB 1634, the bill has a new name, "Dogs and cats: nonspayed or unneutered: civil penalties" and is in fact a whole new bill. The bill is scheduled for a hearing in the Senate Local Government Committee on June 25th.

Over the last year, NAIA and others have worked to educate the Committee and the bill’s sponsors about the unintended consequences of coercive pet laws and raise their awareness about more viable alternatives.

We commend the committee and sponsors for being so receptive to the concerns of their constituents and consequently shifting their approach from profiling all breeders and owners of intact pets to targeting the irresponsible owners who actually present the problem. NAIA is prepared to support AB 1634, if amended further to clarify certain aspects of the bill.

We are pleased to report that the bill has been stripped of its original language mandating wholesale spay/neuter. The redrafted version of AB 1634 does the following:

Increases civil penalties for impounded dogs or cats that are not spayed or neutered.
Specifies that an oral or written “complaint” to an animal control agency about an “occurrence” shall result in penalties.
For dogs that are not spayed/neutered, the first occurrence would result in a fine of $50, (increased from $35), the second occurrence would result in a $100 fine, (increased from $50), and the third occurrence would require that the dog be sterilized at the owner’s expense.
For cats that are not spayed/neutered, the first occurrence would result in a fine of $50, (increased from $35), and the second occurrence would require that the cat be sterilized at the owner’s expense.
Fines collected under this new act would go toward humane education, programs for low-cost spaying and neutering of dogs and to cover administrative costs incurred by the agency.
Requires that shelters comply with certain rabies control reporting requirements before they are eligible to receive the revenue collected under these new provisions.
Click here to review the new version of AB 1634 .


We support holding pet owners responsible for the problems created by their pets so the focus of this bill seems correct to us, however, the current bill has some shortcomings that need to be addressed. As currently drafted, AB 1634 would allow the imposition of penalties based on mere allegations, which the bill calls “complaints” with no provision for a hearing or an appeals process. The only complaint not included is an allegation of excessive noise or barking, making the scope of the bill unnecessarily broad.

To clarify intent, we believe that “complaints” as used in this section should be limited to dogs and cats that are impounded while running at large, and whose owners would be able to appeal the complaint prior to any penalty being imposed. Upon the third occurrence, and assuming a proper hearing has been granted, instead of a mandate ordering one specific penalty, discretion should be granted animal control agencies so they can order the most appropriate penalty, one of which could include spay/neuter. With these thoughts in mind, we would request the following amendments to strengthen and clarify the bill:

Limit the scope of “complaint” to only those occurrences involving free-roaming pets that are impounded while running at large, and offer owners a process for disputing the claim against them before the imposition of any penalty. This will keep the law focused on preventing strays, overpopulation, and shelter crowding, which we understand to be the original intent.
Allow, rather than mandate, spay/neuter as a civil penalty that can be ordered upon a third established offense for dogs and second established offense for cats.
Instead of simply raising the fine for the first occurrence from $35 to $50, consider requiring shelters to permanently identify impounded pets, with the expense being passed on to the owners at the time the pet is released to them. This would provide added value to the community as well as the owner, enabling animal control agencies to tie specific pets to specific owners so they can be quickly reunited, or simply help them identify repeat offenders.

The reality is that pets will occasionally get loose from even the most responsible households despite the owners’ best efforts to keep the animals on their property. Yet there are people who take little or no precaution to properly confine their dogs and cats, causing neighborhood problems and frequently landing pets in shelters. The use of permanent positive identification in this situation, when returning an impunded shelter animal to its owner, would allow shelters to confidently distinguish between the one-time accidental stray and recurring offenders.

Please take a few minutes to send an email to the Committee thanking them for the time they have devoted to redrafting AB 1634 and asking that they consider these critically important amendments to ensure its success and your support.

Take Action today using our talking points. Thank you for weighing in on behalf of responsible pet owners!


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