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Date Posted: 19:03:22 03/25/02 Mon
Author: Sharon Coleman...Peggy
Subject: ACTION ALERT: CA SB 1373 - SALES REG. & MICRCOCHIP

From: "SHARON A. COLEMAN"



ACTION ALERT: CA SB 1373 - SALES REG. & MICRCOCHIP

March 25, 2002 (Last publication date 3/8/02. Appropriate forwarding
encouraged.)

IN THIS ISSUE:
· REMINDER - FARM BILL/PPA AMENDMENT STILL NEEDS OPPOSITION
· SB 1373 - O'CONNELL PRE-SALE REGISTRATION & MICROCHIP BILL NEEDS
OPPOSITION LETTERS RIGHT NOW, WEEK OF MARCH 25-29, 2002

FED. FARM BILL CONFERENCE COMMITTEE: The American Kennel Club reports that
"Lead negotiators of the House/Senate Farm Bill Conference issued a
statement late yesterday indicating that they expect work on the final farm
bill to be completed the week of April 9th. Now more than ever faxes, calls
or e-mails from the dog fancy are needed. In the past few days AKC has
received several calls from conferees' staff wanting more information, so
we know the issue is a priority in their offices. Let's keep the pressure
on!" See AKC's alert for the Conferee list with handy email links and
other information

CALIFORNIA SENATE BILL 1373: As reported in February, SB 1373 is our
highest opposition priority so far. We will report separately changes in
the other California bills.

Authored by California State Senator Jack O'Connell (D-18) of Santa
Barbara, SB 1373 is the 2002 version of last year's dropped SB 236. It
would require registration and payment -- prior to sale each cat or dog
less than one year -- a "registration fee" to the local animal control
agency, which would issue a "registration fee receipt number" to be used
any advertisement for sale. Each local jurisdiction would set its own
registration fee and requirement that the seller "ensure that the dog or
cat has been microchipped and the owner's identification has been entered
into a local registry.

The author and proponent are considering cosmetic amendments to these
provisions -- perhaps a single registration for a number of cats or dogs to
be sold and other minor tinkering, but these would not change the
objectionable provisions. Thus, our opposition should be directed to the
flawed scheme to require local governments to implement a registration
requirement for sales of all dogs and cats under one year and link this to
entering microchip data in a registry.

SB 1373 has been assigned to the Senate Committee on Business and
Profession chaired by Senator Liz Figueroa, Maurice Johannessen, Vice
Chair, with members Mike Machado, Bill Morrow, Kevin Murray, Jack
O¹Connell, and Richard Polanco. Last year's bill had been assigned to but
never heard by the Senate Judiciary Committee of which author O'Connell is
also a member. O'Connell will be term limited out of the Senate this year.
He was the top vote getter (42%) in this month's primary election for
State Superintendent of Public Instruction and faces Southern California
school board member Kathy Smith in a runoff. Smith edged out
Assemblymember Lynne Leach with 28% to Leach's 26%. Proponent of SB 1373
and its failed predecessor is Richard G. McLellan, M.D, an active member of
the Physicians Committee for Responsible Medicine (PCRM)
and veteran anti-fur demonstrator, whose website
has been updated for SB 1373. Dr. McLellan
claims that SB 1373 will allow the tracking of people who abandon pets and
"just who in the state is responsible for the large numbers of dogs and
cats that enter the population and are unable to find permanent homes." He
claims AB 1373 would fund tax supported animal control facilities with
revenues from those individuals "who most gain financially" from their
production (of dogs and cats;) provide a data base for licensing and rabies
vaccination enforcement, incentives for the microchip industry to share
chip purchaser information with community institution and provide a data
base to compare the number of dogs sold in California with the number
euthanized at public expense.

SOME OPPOSITION POINTS INCLUDE:
· Local governments should determine their own need for pet laws and
should not be burdened with the cost and controversy of developing a
bureaucracy they do not need or want.
· Sales of dogs and cats in California are either not profitable for
individuals or low margin for pet stores so that additional costs will
either deter sales or increase costs to consumers who want local sources
for quality pets of their choice.
· Excluding transactions that are not sales will create a much smaller
database for tracking purposes and may not produce enough revenue to
support the administration.
· Sales of low-end dogs and cats that either cannot be advertised as
"free" for newspaper policy reasons or to deter undesirable purchasers may
unnecessarily end up as shelter surrenders to avoid the extra expense and
trouble of pre-sale microchipping and registration.
· Microchipping has been useful and increasingly but not universally
accepted technology, not without cost and extra effort, and not without
some problems.

Remember, tracking "sales" would also provide a database for tracking dog
breeders who may or may not be subject to the lowered threshold of the
Polanco-Lockyer Dog Breeder Warranty Act.

SB 1373 is set for hearing on Monday, April 8 before the Senate Committee
on Business and Professions in Room 3191, State Capitol in Sacramento. The
Committee normally meets at 1:30 p.m., but this will be the first hearing
following the Legislature's spring recess and will follow the conclusion of
another committee. Anyone interested in attending this or other hearings
may contact us for additional information. The voice phone for the
Committee office is 916-445-3435.

The California procedure for all bills is committees assign bills to a
"consultant" who prepares a written analysis including existing law,
arguments pro and con and listing support and opposition, naming
organizations and usually a general reference to individual opposition. IT
IS VERY IMPORTANT THAT WE HAVE A SUBSTANTIAL NUMBER OF ORGANIZATIONS LISTED
AS OPPOSITION, and we should get our letters in this week before the
consultant's target date of April 1. Fax is usually the safest method and
assures us of building a good-sized stack of paper for the opposition.

Opposition letters for the Bill Analysis should be clearly marked as SB
1373 OPPOSITION and addressed:

The Honorable Liz Figueroa
Chair, Senate Committee on Business and Professions
Senate Committee on Business & Professions
State Capitol, Room 2053
Sacramento, CA 95814

Attention: Bill Gage, Chief Consultant
COMMITTEE FAX NUMBER: 916-324-0917

Individual Committee Members:
The Honorable Liz Figueroa D-10, Fremont
Chair, Senate Committee on Business and Professions
State Capitol, Room 2057 (Regular office)
Sacramento, CA 95814
(916) 445-6671
Fax (916) 327-2433
Senator.Figueroa@sen.ca.gov

The Honorable Maurice Johannessen, R-4, Colusa (Vice Chair_
State Capitol, Room 5061
Sacramento, CA 95814
Phone: (916) 445-3353
Fax: (916) 445-7750
Senator. Johannessen@sen.ca.gov

The Honorable Mike Machado D-5, Stockton
State Capitol, Room 3086
Sacramento, CA 95814
Phone: (916) 445-2407
Fax (916) 323-2304
Senator.Machado@sen.ca.gov

The Honorable Bill Morrow R-38, Carlsbad
State Capitol, Room 4048
Sacramento, CA 95814
(916) 445-3731
Fax: 916-446-7832
Senator.Morrow@sen.ca.gov

The Honorable Kevin Murray, D-26, Los Angeles
State Capitol, Room 4082
Sacramento, CA 95814
Phone: (916) 445-8800
Fax (916) 445-8899
Senator.Murray@sen.ca.gov

The Honorable Jack O'Connell (D-18) Santa Barbara
State Capitol, Room 5035
Sacramento, CA 95814
Phone: (916) 445-5405
FAX (916) 322-3304
Senator.OConnell@sen.ca.gov

The Honorable Richard Polanco D-22, Los Angeles SENATE MAJORITY LEADER
State Capitol, Room 313
Sacramento, CA 95814
Phone: (916) 445-3456
Fax (916) 445-0413
Senator.Polanco@sen.ca.gov

*****
*a service of THE ANIMAL COUNCIL, P.O. BOX 168, MILLBRAE CA 94030
Published sporadically since 1997. Appropriate forwarding is encouraged.
To be removed from the original distribution list only or change address,
reply to the message. Legislative tracking is subject to continual change.
CA information, bill subscriptions and law are available at:
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