House Committee Holds Firm On
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> Pennsylvania Tail Docking Ban
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> Dewclaw Removal Added To Animal Cruelty Bill
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> by JOHN YATES
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> The American Sporting Dog Alliance
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> http://www.americansportingdogalliance.org
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> asda@csonline.net
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> HARRISBURG, PA - The state House Judiciary Committee on Tuesday postponed a vote on a measure that would essentially ban tail docking by a puppy's breeder, but also added removal of dewclaws in puppies to a list of acts that would be called animal cruelty. The committee delayed the vote until June 24, in order to resolve differences of opinion about a measure to allow state dog wardens to enforce cruelty statutes in some counties.
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> House Bill 2532, sponsored by powerful Judiciary Committee Chairman Thomas Caltagirone (D - Berks County), would prohibit breeders from docking the tails of puppies that are more than three days old. Only veterinarians would be permitted to dock the tails of puppies once they reach four days old.
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> However, there would be no way for a breeder to prove the age of a puppy when its tail was docked, even if it was docked legally before four days of age. This would be impossible to prove even a few days after the tail was docked, and this impossibility would continue for the dog's entire life. Since the burden of proof rests solely on a dog's owner in H.B. 2532, this legislation represents a de facto ban on tail docking by owners at any age.
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> This legislation was drafted under the guidance of Gov. Ed Rendell and has the strong support on animal rights groups in Pennsylvania. It is part of Rendell's package of legislation that purports to crack down on "puppy mills." The centerpiece of the Rendell initiative, H.B. 2525, faces a hearing tomorrow before the House Agriculture and Rural Affairs Committee.
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> Animal rights groups are touting the H.B. 2532's ban on anyone except a veterinarian from performing Caesarian sections and debarking procedures, which they allege is sometimes done by "puppy mills." The American Sporting Dog Alliance has never known of these procedures being done by anyone except a veterinarian, but Rendell and his allies are getting a lot of support by animal lovers and biased press coverage based on this emotionally charged allegation.
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> However, the legislation also tacks on prohibitions against tail docking and maintains current prohibitions against ear cropping. The committee also voted 29-0 on Tuesday to add the removal of dewclaws to the list of acts that constitute animal cruelty. These three provisions alone directly affect tens of thousands of dogs in Pennsylvania, including several of the most popular breeds.
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> Breeders have traditionally had the right to perform tail docking and dewclaw removal procedures, which are considered safe and painless, and many people say that they were taught how to do the work by their veterinarians. These procedures are sometimes described as akin to clipping toenails.
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> An amendment offered by Rep. Ron Marsico (R- Dauphin County) would have extended permission to owners of litters of puppies to do their own tail docking until the puppies are five days old. This amendment was defeated by an almost party-line 13-16 vote, with only one Republican and one Democrat switching sides.
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> Democrats are the majority party in the House, and Rendell, also a Democrat, has lined up strong support for these measures in his own party. The legislation may have a more difficult time in the Senate, which has a slim Republican majority.
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> Several amendments were offered during yesterday's Committee meeting, but their text is not available. At this writing, the amendments had not been posted on the House website or incorporated into the text of the legislation.
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> Approved amendments include penalties for cutting off a dog's dewclaws (29-0 vote), adding stealing dogs for use in animal fighting to the cruelty law (29-0 vote), requiring owners to keep records of dogs that have had Caesarian sections of have been debarked (29-0 vote) and repealing record-keeping requirements for ear cropping (29-0 vote).
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> The delay in the final vote was caused by a difference of opinion about a provision that would have allowed state dog wardens to enforce animal cruelty laws in counties that do not have an assigned Humane Society police officer. Under current law, dog wardens cannot enforce animal cruelty laws.
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> Based on Tuesday's voting pattern, the American Sporting Dog Alliance expects the Caltagirone legislation to be approved by the committee and sent to the floor of the House for a vote by all of the legislators, unless large numbers of dog owners express clear opposition well before June 24.
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> While we support some provisions of this legislation, we oppose H.B. 2532 as a whole for several reasons, and urge dog owners to contact members of the Judiciary Committee to clearly ask them to either make major changes in the legislation or reject it outright.
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> Our reasons for opposition are:
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> a.. Tail docking and dewclaw removal in young puppies is safe and painless. Breeders have done it for centuries, and there have been no problems reported from this practice. Ear cropping requires the use of a local anesthetic but is considered to be a minor procedure, and in show dogs this work often is done by out-of-state specialists who are not licensed veterinarians in Pennsylvania. Animal rights groups see these procedures as acts of mutilation.
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> a.. The legislation places the burden of proof on a dog's owner, who would be required to produce proof that a tail was docked or dewclaws were clipped by a licensed veterinarian in order to avoid serious animal cruelty charges. This simply isn't workable, because many people buy a dog or move here with a dog from states where this is not a requirement. People who now own a dog with a docked tail, cropped ears or removed dewclaws often have no idea who did the work, as it already had been done when they obtained the dog. The issue of burden of proof also means that people who legally docked the tails of puppies would have almost no way of proving the work was done before four days of age (barring affidavits of witnesses).
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> a.. Anyone who brings a dog into Pennsylvania for hunting or competition in field trials, dog shows and other events, or simply comes here for a vacation or passes through the state, would be subject to being cited for animal cruelty. This essentially would destroy many dog shows, field trials, and obedience and herding events in Pennsylvania, and have a very detrimental economic impact on tourism here. Dozens of breeds of dogs traditionally have docked tails or cropped ears, including breeds as diverse as Brittanys, German shorthaired and wirehaired pointers, Rottweilers, Australian shepherds, fox terriers, springer spaniels, miniature schnauzers, doberman pinchers and Airedales. Dewclaw removal is a standard practice in all breeds of dogs.
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> a.. Many dog owners would be placed in a pointless "catch 22" situation, and could not avoid being charged with animal cruelty through no fault of their own. Some breeds of dogs are born with naturally short tails that resemble docked tails, but this could not be proven. Some dogs have dewclaws torn off while hunting, which is a common hazard and the reason why many breeders remove them (the danger of a torn off dewclaw is serious in an older dog). Other puppies are born with a broken tail from prenatal injuries, or have their tail broken by their mothers in the whelping box; the tails of these puppies often atrophy and fall off naturally, and the owner of one of these dogs could not prove that it was not done surgically. Other dogs have their tails broken accidentally, such as by banging them on hard objects or getting them caught in a door.
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> a.. And this legislation would destroy the work of many shelters and rescue groups, make it impossible for good Samaritans to help a lost or abandoned dog, and result in the needless and cruel euthanization of thousands of dogs every year because required proofs could not be obtained. People who help lost or abandoned dogs have no idea who docked their tails, cut off their dewclaws, cropped their ears, or even who performed dangerous procedures like Caesarian sections or debarking. Thus, the simple possession of one of these dogs would constitute animal cruelty. Euthanasia would be the only way to avoid prosecution for animal cruelty. The legislation provides no alternatives.
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> The American Sporting Dog Alliance urges all Pennsylvania dog owners and people who bring dogs here from other states to immediately contact the members of the House Judiciary Committee well before June 24 to voice opposition to H.B. 2532.
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> Here is a link that will list every member of the Judiciary Committee: http://www.legis.state.pa.us/cfdocs/cteeInfo/cteeInfo.cfm?cde=24&body=H . Simply click on each committee member's name and his or her web page will open, giving complete contact information. Handwritten and mailed letters are the most effective form of communication, followed by faxes, phone calls and emails.
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> 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.
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> 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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