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@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@sen.ca.gov
Cox, Dave [R-Vice Chair]    651-4001   324-2680   Senator.cox@sen.ca.gov
Aanestad, Samuel [R]   651-4004   445-7750   Senator.aanestad@sen.ca.gov
Ashburn, Roy [R]       651-4018   322-3304   Senator.ashburn@sen.ca.gov
Cedillo, Gilbert [D]    651-4022   327-8817   Senator.cedillo@sen.ca.gov
Corbett, Ellen [D]    651-4010   327-2433   Senator.corbett@sen.ca.gov
Dutton, Robert [R]      651-4031   327-2272   Senator.dutton@sen.ca.gov
Florez, Dean [D]    651-4016   327-5989   Senator.florez@sen.ca.gov
Kuehl, Sheila [D]       651-4023   324-4823   Senator.kuehl@sen.ca.gov
Oropeza, Jenny [D]   651-4028   323-6056   Senator.oropeza@sen.ca.gov
Ridley-Thomas, Mark [D]    651-4026   445-8899   Senator.ridley-thomas@sen.ca.gov
Runner, George [R]   651-4017   445-4662   Senator.runner@sen.ca.gov
Simitian, Joe [D]     651-4011   323-4529   Senator.simitian@sen.ca.gov
Wyland, Mark [R]    651-4038   446-7382   Senator.wyland@sen.ca.gov
Yee, Leland [D]   651-4008   327-2186   Senator.yee@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@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@visitcalifornia.com; Phone: (916)319-5420; Fax: (916) 444-0410

California Division of Tourism: Wendy Arzaga-Messersmith, Assoc Gov. Program Analyst; warzaga@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@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.
 
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