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Date Posted: 18:11:35 03/28/02 Thu
Author: Peggy for Sharon Coleman
Subject: UPDATE CA: SB 1373 (# CORRECTION) & MORE 3/28/02
In reply to: Sharon Coleman...Peggy 's message, "ACTION ALERT: CA SB 1373 - SALES REG. & MICRCOCHIP" on 19:03:22 03/25/02 Mon

From: "SHARON A. COLEMAN"
To:
Sent: Thursday, March 28, 2002 4:27 PM
Subject: UPDATE CA: SB 1373 (# CORRECTION) & MORE 3/28/02


UPATE CA: SB 1373 AND MORE

March 28, 2002 (Last publication date 3/25/02. Appropriate forwarding
encouraged.)

IN THIS ISSUE:
· CORRECTION - CA SEN. BILL MORROW, CAPITOL OFFICE FAX # 916-446-7382
· SB 1373 - O'CONNELL PRE-SALE REGISTRATION & MICROCHIP BILL NEEDS
OPPOSITION LETTERS RIGHT NOW, WEEK OF MARCH 25-29, 2002
· SB 1357 - CRIMINAL PENALTY FOR PET SHOP FAILURE TO GIVE CARE INFO
· STATUS UPDATES ON OTHER CALIFORNIA BILLS

CALIFORNIA SENATE BILL 1373: Reported in depth on March 25 needs
ORGANIZATION LETTERS OF OPPOSITION NOW for listing on the bill analysis for
the April 8 hearing date. If you can write for a dog or cat club, other
organization or business, please do so, even if it must be later. Authored
by California State Senator Jack O'Connell (D-18) of Santa Barbara, SB 1373
would require registration and payment -- prior to sale a 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. Past and possible future amendments have not
changed the negative impact on the target group - "sellers" or on local
government. Also, see The American Kennel Club's alert at


CALIFORNIA SB 1357 authored Senator Edward Vincent (D-25) of Inglewood,
would amend Penal Code Section 597l, which punishes by a fine of not to
exceed $1,000, or by imprisonment in the county jail for not more than 90
days, or by both the fine and imprisonment. a pet shop operator who fails
carry out specified duties with respect to the care, sale, trade, and
adoption of pet animals, creating a new crime by adding a duty to provide
written instructions with each sale of an animal for the care, housing,
equipment, cleaning, environment, and feeding of that animal. SB 1357 is
also set for hearing on April 8 at Senate Business & Professions with
consultant Bill Gage. Pet shops sell books and supplies to care for the
species of pets sold (which typically are more profitable than pet sales
alone,) so imposing criminal liability on sales clerks at the point of sale
for failure to provide unspecified information is not good criminal law.

To oppose either SB 1373 - the pre-sale registration and microchip bill or
SB 1357, the pet shop information crime bill, fax opposition letters for
the Bill Analysis, clearly labeled and marked OPPOSITION:

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: **Corrected list, March 28, 2002**
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: 916-446-7382 **Corrected 3/28/02**
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
*****

UPDATES ON OTHER CALIFORNIA BILLS:

CALIFORNIA AB 1336 authored by Assemblymember Paul Koretz, (D-42) West
Hollywood, co-author Senator Jack O'Connell, amended to eliminate the
sterilization requirement for pet store sales and substituted a requirement
to distribute information to consumers; passed in its original Assembly
Business and Professions Committee 12-0, Assembly Floor, 46 - 15 and is now
at Senate Business and Profession Committee, also on the hearing docket for
April 8.

CALIFORNIA SB 1425 also authored by Senator Jack O¹Connell originally
provided that the Department of Motor Vehicles, in consultation with the
Humane Society of the United States, would design and make available the Be
Kind to Animals special interest license plate (under the existing state
program for special interest license plates.) However, SB 1425, currently
stalled in the Senate Transportation Committee which is not taking action
yet on any special interest license plates, was amended - or literally
"hijacked" on March 20 to substitute "Doris Day Animal Foundation" for the
Humane Society of the United States and "End Pet Overpopulation" for Be
Kind to Animals. Use of any funds would now be limited to education
programs and programs to spay or neuter companion animals rather than
public information programs, sheltering, microchipping, spaying and
neutering of cats and dogs, and programs to encourage the adoption of cats
and dogs. Our counterparts in other states have opposed this type of bill.
Note, the Doris Day Animal Foundation is a separate, charitable
organization exempt under Internal Revenue Code Section 501(c)(3) as a
companion to the Doris Day Animal League, a social welfare organization
exempt under Section 501(c)(4) and able to lobby without the complicated
rules applicable to charities. DDAL is the party to all the action against
the U.S. Department of Agriculture.

CALIFORNIA AB 2474 introduced on February 21 and authored by Assembly
Members Joe Simitian (D-21) of Palo Also and Wilma Chan (D-16) of Oakland
would amend existing law covering engine coolants or antifreeze to require
adding a bittering agent as specified so reduce the chances of ingestion by
humans or animals. This bill has had some media coverage as a consumer
protection bill spurred by a Simitian constitutent whose animal was
poisoned by antifreeze. However, AB 1550 in 1993 with identical content
authored by then Assembly Member Jack O'Connell passed the legislature but
was vetoed by then Governor Pete Wilson whose veto message stated, "This
bill mandates the use of a product which has failed to demonstrate its
overall effectiveness. As recently as 1992, the U.S. Consumer Products
Safety Commission concluded that, "the CPSC recommends that the use of
aversive agents should not be required due to a lack of efficacy data."
Further, tests performed by Proctor and Gamble found that the addition of
denatonium benzoate does not reduce the incidence of ingestion. It is
premature for the State of California to require that manufacturers add
bittering agents to products before these substances are fully evaluated
and determined to be effective." While no one wants animals poisoned, we
just don't know whether the facts have changed so will continue to monitor
this bill.

CALIFORNIA AB 1774 authored Assemblymember Joe Canciamilla (D-11) of
Pittsburg would amend current Civil Code Section 3340, "For wrongful
injuries to animals being subjects of property, committed willfully or by
gross negligence, in disregard of humanity, exemplary damages may be given"
to read, "For wrongful injuries an animal committed willfully or by gross
negligence, exemplary damages are recoverable." This first sentence
removes the wording "being subjects of property" and "in disregard of
humanity." The bill then adds language: "If a person commits an unlawful,
intentional, or negligent act that results in the death or an injury
leading to the death of a pet, the trier of fact may award the owner of the
pet up to five thousand dollars ($5,000) in non-economic damages from the
person that committed the act." but limits "pet" to "any domesticated bird,
cat, dog, or aquatic animal kept within an aquarium." Non-economic damages
are "limited to the compensation for the loss of the reasonably expected
society, companionship, and love and affection of the pet" and do not limit
any other cause of action. AB 1774 has been assigned to the Assembly
Judiciary Committee but no hearing date.

CALIFORNIA AB 1836 authored by Assemblymember Dennis Cardoza (D-26) of
Merced would allow animal control agencies to enter into agreements (a
memorandum of understanding or a joint powers agreement) to cooperate on
the housing and care of animals, which would be reasonable but for the
rhetoric in extensive findings about "high volume cruelty" leading to mass
confiscation of animals due to "high volume animal cruelty arrests." AB
1836 was amended slightly on March 12 and passed Assembly Local Government
Committee on March 20 by 6-2 vote and awaits vote on the Assembly Floor.

CALIFORNIA AB 373, by Assemblymember Lynne Leach would authorize a
deduction under the Personal Income Tax Law for the costs paid or incurred
during the taxable year by a taxpayer for veterinary services for an animal
adopted from an animal shelter or nonprofit animal welfare organization.
AB 373 is still in the Senate Revenue and Taxation committee awaiting vote.

CALIFORNIA SB 811, authored by California State Senator Jack O'Connell
(D-18) of Santa Barbara, co-author Senator Edward Vincent (D-25) of
Inglewood, dealing with compassion and respect for both humans and animals
in school curriculum is still in the Assembly Education Committee chaired
by Assemblywoman Virginia Strom-Martin with no hearing date set.

CALIFORNIA SB 1345 authored by Senator Sheila Kuehl (D-23) of Los Angeles
dealing with animal blood banks is set for hearing on April 16 by the
Senate Agriculture and Water Resources

CALIFORNIA SB 1931 authored by Senator Edward Vincent would repeal the
increased holding period for owner surrendered dogs and cats scheduled to
take effect on July 1, 2002 was assigned to Senate Judiciary but ran into
immediate, heavy opposition from humane and rescue interests and a complete
halt.

CALIFORNIA AB 2574 authored by Assemblymember Elaine Alquist (D-22) of
Santa Clara has already been dropped. It would have added television and
video to existing law creating a nuisance for motion pictures showing
intentional killing of, or cruelty to, a human being or an animal, change
the standard for determining this from "patently offensive" to applying
contemporary statewide community standards.

*****
*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:
Federal Legislator Contact Info
Thomas Legislative Service





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