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Hobby Forum Index » Hunting » Monday Vote On California Dog Bill...
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| John Yates... |
 Posted: Thu Jul 10, 2008 8:13 am |
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Two Chances To Stop California AB 1634
Dog Vigilante Bill Faces Monday Vote, Your Opposition Vital
By JOHN YATES
American Sporting Dog Alliance
http://www.americansportingdogalliance.org
asda at (no spam) csonline.net
SACRAMENTO, CA – The state Senate Appropriations Committee is rushing
through a bill that would turn anyone and everyone into a dog and cat law
vigilante, while denying dog owners the ability to prove their innocence
or to appeal. This legislation provides for civil penalties based solely
on an accusation, and a third offense mandates spaying or neutering a dog
or cat that is accused of being in violation of any animal law.
A hearing on AB 1634 has been pushed up to 10 a.m. this coming Monday,
July 14, and it is possible the full Senate could vote on the measure when
it convenes the same day at 2 p.m. The hearing originally was scheduled
for August, but its sponsors pulled political strings to change this to
July 14.
The American Sporting Dog Alliance urges all California dog owners to take
immediate action to let their own senator and members of the committee
know that this harmful and unconstitutional measure must be stopped. Out
of state residents also must speak up, because it would be too risky to
bring a dog into California for hunting, field trials, competitive events
or even a vacation.
Thus far, most dog owners have remained silent on this legislation.
Silence and inaction are the only reasons this legislation has advanced to
the finish line, as the vast majority of dog owners are quietly opposed to
it. Please take action before Monday as citizens, and also support one or
more of the fine organizations that are working to protect your rights.
The Appropriations Committee deals only with fiscal aspects of the
legislation, but this is the last remaining chance for dog owners to stop
this nightmare legislation before the full Senate votes on it.
Two letters are needed from every dog owner:
· A letter to members of the Appropriations Committee talking about
the fiscal aspects of AB 1634.
· And a letter to your own senator talking about your reasons for
being opposed to AB 1634.
Written letters sent by USPS mail are preferable, and faxes also are good..
Phone calls can be effective, but emails are the least effective means of
communication.
We also urge dog owners to attend Monday’s hearing and voice your
opposition, and personal contacts with senators at their district offices
may be possible this week.
The major fiscal issue for the Appropriations Committee is the cost of the
legislation to California taxpayers. Fiscal issues alone could block this
bill, as there is no budget prepared to implement it. Budgets are required
for any legislation that will cost the state more than $150 million – and
this bill certainly will cost much more than that.
Supporters of the bill claim that it won’t cost anything, but this is
false. California law requires full reimbursement to municipalities for
the cost of carrying out any mandate in state law.
The legislation will result in tens of thousands of complaints every year,
and animal control officers will have to investigate every one of them to
decide whether or not to file charges. This will result in having to hire
scores of new animal control officers at a minimum cost of $50,000 each
per year in direct salaries and benefits, plus the cost of their training,
vehicles, office space and other expenses. Considerable clerical time also
would be involved, to process citations, enforce penalties and assure
compliance.
Please also object to the lack of public notice of this hearing, and also
to the failure to provide public access to the official fiscal analysis of
this bill in time to submit formal comments. This fiscal analysis will not
be finished until late Sunday, only a few hours before the hearing.
Here is phone, fax and email contact information for members of the
Appropriations Committee (all area codes are 916):
SENATOR PHONE FAX EMAIL
Torlakson, Tom [D-Chair] 651-4007 445-2527
Senator.torlakson at (no spam) sen.ca.gov
Cox, Dave [R-Vice Chair] 651-4001 324-2680
Senator.cox at (no spam) sen.ca.gov
Aanestad, Samuel [R] 651-4004 445-7750
Senator.aanestad at (no spam) sen.ca.gov
Ashburn, Roy [R] 651-4018 322-3304
Senator.ashburn at (no spam) sen.ca.gov
Cedillo, Gilbert [D] 651-4022 327-8817
Senator.cedillo at (no spam) sen.ca.gov
Corbett, Ellen [D] 651-4010 327-2433
Senator.corbett at (no spam) sen.ca.gov
Dutton, Robert [R] 651-4031 327-2272
Senator.dutton at (no spam) sen.ca.gov
Florez, Dean [D] 651-4016 327-5989
Senator.florez at (no spam) sen.ca.gov
Kuehl, Sheila [D] 651-4023 324-4823
Senator.kuehl at (no spam) sen.ca.gov
Oropeza, Jenny [D] 651-4028 323-6056
Senator.oropeza at (no spam) sen.ca.gov
Ridley-Thomas, Mark [D] 651-4026 445-8899
Senator.ridley-thomas at (no spam) sen.ca.gov
Runner, George [R] 651-4017 445-4662
Senator.runner at (no spam) sen.ca.gov
Simitian, Joe [D] 651-4011 323-4529
Senator.simitian at (no spam) sen.ca.gov
Wyland, Mark [R] 651-4038 446-7382
Senator.wyland at (no spam) sen.ca.gov
Yee, Leland [D] 651-4008 327-2186 Senator.yee at (no spam) sen.ca.gov
This link will give each senator’s mailing address and district office
address, and also complete contact information for all senators who are
not members of the Appropriations Committee:
http://www.senate.ca.gov/~newsen/senators/senators.htp. You can find your
senator from this list, simply by clicking on the correct name.
Please also let your senator know why you are opposed to this legislation..
We are opposed to AB 1634 because it says that:
· Anyone is given the power to make an unsubstantiated allegation
that a dog or cat owner is in violation of any law or ordinance. No proof
is required. Animal rights activists can and will have the power to become
vigilantes. Frayed relations between neighbors can and will become legal
actions.
· Animal control officers can file a citation based on these
unproven allegations, resulting in both fines and civil penalties. All
state and local dog laws apply, except for barking dog ordinances. Proof
of a violation is not required. An officer’s opinion is all the proof that
the legislation requires.
· Civil penalties do not require the officer to prove that a
violation of a law has occurred. A dog or cat owner is denied her/his day
in court. There is no way to defend oneself. There is no appeal. An
accusation is automatic guilt.
· Animal rights activists also will be given the power to enforce
the law. The bill says that any public or private entity that has the
power to enforce animal laws can issue a citation and assess civil
penalties. This includes various private organizations with strong animal
rights leanings that are empowered to enforce animal cruelty laws in
California.
· For the first offense, the civil penalty is $50. The penalty for
the second offense is $100. For the third offense, the local animal
control board must order the dog or cat to be spayed or neutered. There is
no appeal. If the owner cannot or will not comply, the animal can be
confiscated.
· Cities and counties are given unlimited power to pass more
stringent ordinances, or to increase the amount of civil penalties.
· These provisions are a wholesale desecration of every American’s
constitutional right of due process under the law. Accusations do not have
to be proven. There is no opportunity to defend oneself. There is no
appeal. This legislation imposes the legal system of a totalitarian state
on every Californian. This legislation is far more oppressive than the
legal systems in Communist China or Iran. An accused person would receive
more justice from the Taliban than the State of California, if AB 1634
passes into law.
Before contacting senators, it is important to become familiar with the
legislation. Many senators have not read the bill for themselves, and are
relying upon biased and inaccurate summaries from party leadership. Please
study our objections above, and read the bill for yourself:
http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1601-
1650/ab_1634_bill_20080701_amended_sen_v90.html. Prepare a short summary
of your objections prior to phoning or visiting a senator’s office.
Although the committee has scheduled a hearing, one might not be held.
Senate procedures allow the committee member to make a roll call vote on
several bills at once, without accepting testimony or providing for
debate. Because many different bills are before the committee on Monday,
this “fast track” procedure is possible. If a large number of dog owners
attend the hearing, the senators might think twice before passing it
without a hearing.
If you can attend the hearing, a formal request to testify might (but
there are no guarantees) force the committee to hold a proper hearing. If
you are able to testify, please make a formal request to Committee Staff
Director Bob Franzoia at Bob.Franzoia at (no spam) sen.ca.gov, and the Chairman,
Sen.Tom Torlakson (916-651-4007) or Vice Chair, Sen. Dave Cox (916-651-
4001). Please remember that testimony will be taken only on fiscal issues..
Out of state residents also should contact Senate leaders and state
tourism groups to say that you will boycott coming to California if this
bill passes:
California Travel and Tourism Commission: Caroline Beteta, President and
CEO, cbeteta at (no spam) visitcalifornia.com; Phone: (916)319-5420; Fax: (916) 444-0410
California Division of Tourism: Wendy Arzaga-Messersmith, Assoc Gov.
Program Analyst; warzaga at (no spam) tourism.ca.gov; Phone: (916)323-3807; Fax:(916)
322-3402.
The American Sporting Dog Alliance represents owners, hobby breeders and
professionals who work with breeds of dogs that are used for hunting. We
are a grassroots movement working to protect the rights of dog owners, and
to assure that the traditional relationships between dogs and humans
maintains its rightful place in American society and life. Please visit us
on the web at http://www.americansportingdogalliance.org. Our email is
ASDA at (no spam) csonline.net. Complete directions to join by mail or online are found
at the bottom left of each page.
The American Sporting Dog Alliance also needs your help so that we can
continue to work to protect the rights of dog owners. Your membership,
participation and support are truly essential to the success of our
mission. We are funded solely by the donations of our members, and
maintain strict independence.
PLEASE CROSS-POST AND FORWARD THIS REPORT TO YOUR FRIENDS |
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