Labrador Retriever Forum
Here is some discussion on the new amendments, cross-posted from another
list with permission.
I've been advised that if you sent letters opposing 1634 and referencing
the May 31 amendments, you now need to re-send your letter now stating
Opposed to AB 1634 amended June 27, 2007.
All new letters and those not yet sent need to state something like
OPPOSED to AB 1634 amended June 27, 2007.
Be sure they are sent to the Committee Chief Consultant and also the
Senate Republican Caucus, asking to be added to the Bilol Analysis
Opposition List.
Sue
AMENDED
>>
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1601-1650/ab_1634_bill_20070627_amended_sen_v93.html
http://tinyurl.com/2buqar
There are some interesting changes:
Age for neutering is changed to 6 months as expected;
New language:
"This bill would, until January 1, 2012, authorize a local
jurisdiction or its authorized local animal control agency to allow
for issuance of an intact permit for one male and one female dog per
household in order to allow the dogs to produce a single litter of
offspring, subject to specified criteria. It would authorize the
imposition of an intact permit fee for these purposes in an amount
determined by the local jurisdiction, to be used for funding the
administration of the local jurisdiction's permit program."
This is very problematic for breeders who choose to run on multiple
puppies in order to choose the best one for future breeding purposes.
Previously there was no implied limit on the number of intact permits
that a breeder could apply for and pay for. It's clear that the writers
only have the model of the family who has both a male and a female
because they want to breed, and no concept that many responsible
breeders would go outside to find the best male to use for breeding.
The 2012 date is not really an extention of the contentious 2009 date in
former drafts. It's still there.
New language allows owners to get a letter from a vet which extends the
neutering age to 9 months, and then "No earlier than 30 days after the
cat or dog has reached nine months of age, the veterinarian may provide
a letter to the owner extending the date for spaying or neutering the
cat or dog to 12 months of age."
New language:
e. (2) Upon expiration of the permit, the owner of the intact cat or
dog permit shall obtain a new permit pursuant to the applicable
provision of Section 122336.2 in order to be in compliance with this
section.
(f) Nothing in this chapter shall be construed to impose any
obligation on a veterinarian to enforce the provisions of this
chapter or to require the veterinarian to provide information to a
local animal control agency as to the spay or neuter status of a cat
or dog.
References to 'purebred' have been removed.
(3) The owner is a legitimate breeder of mixed breed or
purebred working dogs, or is supplying mixed breed or
purebred dogs for training as working dogs to law enforcement,
fire agencies, or legitimate professional or volunteer private sector
working dog organizations.
... the problem here is that 'legitimate breeder' is not defined. A
breeder who raises puppies for individuals who are involved in working
dogs are not protected. This would cause problems for search and rescue
dog breeders.
----------
(c) (1) Any individual or organization breeding animals for
services provided by guide dogs, signal dogs, or service dogs, as
defined in subparagraph (C) of paragraph (6) of subdivision (b) of
Section 54.1 of the Civil Code, shall be presumptively entitled to an
intact permit issued pursuant to this chapter.
"An intact permit?" Will this permit cover ALL the intact dogs in their breeding program or only one animal?
--------------
(2) Any animal possessed by any individual with a disability
protected by the federal Americans with Disabilities Act of 1990
(Public Law 101-336) shall be exempt from the provisions of this
chapter if the animal is providing guide dog, service dog, or signal
dog services, as defined in subparagraph (C) of paragraph (6) of
subdivision (b) of Section 54.1 of the Civil Code.
.. the problem here is that It's entirely possible that a valuable
intact male or female service dog might sustain an injury that requires
the dog to be retired from service work, but that re valuable members of
the gene pool. This clause would not allow these valuable dogs to remain
intact once they were not actively working.
--------------
(3) Guide dog, signal dog, and service dog programs licensed by
the State of California are exempt from all of the provisions of this
chapter.
I know that California licenses guide dog trainers but was not aware of
any licensure for signal or service dog programs. Anyone else know?
--------
New language:
(4) A person in possession of a cat or dog to be used for any of
the purposes set forth in the federal Animal Welfare Act (7 U.S.C.
Sec. 2131 et seq.) shall be exempt from the provisions of Section
122336.1, provided the person is licensed by or registered with the
United States Secretary of Agriculture pursuant to the provisions of
the Animal Welfare Act.
Levine has now written an even blanker check for commercial breeders and
brokers to bring unaltered puppies and kittens into the state. Here's
the text of Sec. 2131:
§2131. Congressional statement of policy [Sec. 1]
The Congress finds that animals and activities which are regulated under
this Act are either in interstate or foreign commerce or substantially
affect such commerce or the free flow thereof, and that regulation of
animals and activities as provided in this Act is necessary to prevent
and eliminate burdens upon such commerce and to effectively regulate
such commerce, in order--
(1) to insure that animals intended for use in research facilities or
for exhibition purposes or for use as pets are provided humane care and
treatment;
(2) to assure the humane treatment of animals during transportation in
commerce; and
(3) to protect the owners of animals from the theft of their animals by
preventing the sale or use of animals which have been stolen.
The Congress further finds that it is essential to regulate, as provided
in this Act, the transportation, purchase, sale, housing, care,
handling, and treatment of animals by carriers or by persons or
organizations engaged in using them for research or experimental
purposes or for exhibition purposes or holding them for sale as pets or
for any such purpose or use.
---------
New Language:
122336.21. (a) The local jurisdiction or its authorized local
animal control agency may allow for issuance of an intact permit, and
imposition of an intact permit fee, for one male and one female dog
per household in order to allow the dogs to produce a single litter
of offspring. In no event shall the intact permits issued for this
purpose have a duration in excess of one year.
... Produce a single litter and permit issued for one year only. What
happens when the breeder pays for an intact for a dog who is still too
young to breed at the end of the year? There is nothing here that says a
second permit will be available for that dog.
There is nothing here for cat breeders either.
In addition, the following conditions shall be met for purposes of
obtaining and retaining the permit:
(1) The animal has been examined by a licensed veterinarian and is
following the preventative health care program recommended by the
veterinarian.
(2) The owner has not been convicted of one or more violations of
the following offenses:
(A) Section 121705 of the Health and Safety Code.
(B) Section 286.5 of the Penal Code.
(C) Section 596 of the Penal Code.
(D) Section 597 of the Penal Code.
(E) Section 597.5 of the Penal Code.
(F) Section 599aa of the Penal Code.
(G) Section 487e of the Penal Code.
(H) Section 487f of the Penal Code.
(I) Section 487g of the Penal Code.
(3) The owner has not been convicted of two or more violations of
any local ordinance involving the dog for whom the unaltered animal
certification is sought.
(4) The owner has not received an order from the local
jurisdiction or its authorized local animal control agency involving
the dog for whom the unaltered animal certification is sought.
(5) The dog for whom the unaltered animal certification is sought
has not been determined by local jurisdiction or its authorized local
animal control agency to be a "vicious animal."
(6) The animal is properly housed and cared for as follows:
(A) The animal is provided sufficient quantity of good and
wholesome food and water.
(B) The animal is provided shelter that will allow the animal to
stand up, turn around, and lie down without lying in its feces, and
the area where the animal is kept is properly cleaned and
disinfected.
(C) The animal is fully contained on the owner's property and
provided appropriate exercise.
(D) The animal owner otherwise complies with any applicable state
law concerning the care and housing of animals.
(7) The owner furnishes the director of animal control services
with a signed statement agreeing to the following conditions:
(A) Offspring of the unaltered animal may not be sold and may be
adopted without a fee only after they reach eight weeks of age.
... first thing... who is going to monitor all these conditions and how
much will this cost the local jurisdictions?
Please read A and tell me what it means... for breeders I see "Offspring
of the unaltered animal may not be sold only
after they reach eight weeks of age." Basically this says you can breed
them and give pups away at 8 weeks, but cannot sell puppies.
(B) Records will be kept documenting how many offspring were
produced and who adopted them.
(
The dog for whom the unaltered animal certification is sought
is currently licensed pursuant to local requirements.
(9) The owner has considered having the animal microchipped for
purposes of identification.
(b) The owner shall maintain records documenting how many
offspring were produced or adopted, or both, and shall provide proof
that the dog has been spayed or neutered after a single litter. This
information shall be made available to an animal control agency upon
request.
.. ok.. here it is... the dog has to be spayed or neutered after a
single litter.
(c) The amount of the fee for an intact permit issued under this
section shall be determined by the local jurisdiction and shall not
exceed the cost of administering this section.
... which are bound to be way up there...
(d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
Time to start complaining some more folks.... it just gets more and more
idiotic.
Though I do not have kitties here, I personally like cats and am very
concerned about the way cat breeders have no outs at all in this bill.
What can dog breeders do to turn up the heat on the cat issues too?
I believe that the more we can do to point out the problems with this
bill, the better chance we have to defeat it.
This is bad legislation because it is based on fabricated numbers to
begin with, Levine's MSN solution will not impact the the problem of
animals in shelters anyway, and local jurisdictions will be left holding
the bill for a "problem" that may not even exist in their area.
I received the same letter from Mr. Cox. I found a great way to email one email to all Senators at once. It is on a Dobie site. There are 2 sets of emails, one separated with commas and one separated by semi-colons depending on what your email uses-
Check out this link
http://www.dpca.org/Legisltv/bills/CA1634.htm
Hope it helps! 
