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A Publication of the San Francisco SPCA's Law & Advocacy Department
Issue #6, Spring, 2001

ALSO IN THIS ISSUE:

Mischievous Animal Bill Concerns SF/SPCA

Bills The SF/SPCA Opposes
Our mission is act as an advocate on behalf of animals and as an enforcer of their rights.

We have reviewed all the animal-related bills pending in the California legislature and selected 10 of special importance to highlight in this issue of The Advocate. You'll find a brief summary of each bill, plus Internet addresses for additional information. Our spotlight on legislation includes seven bills we support, two we oppose and one about which we have concerns.

To find about other pending legislation affecting animals, search www.leginfo.ca.gov/bilinfo.html

 

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The Advocate
The Advocate is a quarterly newsletter of The San Francisco SPCA's Law & Advocacy Department. The Law & Advocacy Department runs the Society's community programs including the Feral Cat Assistance Plan, providing free spay/neuter and subsidized medical care for San Francisco's feral cats; the Homeless Program, providing free life-saving medical care for the pets of the City's homeless people; and the Open Door Program, opening the doors of apartments and homes to renters with companion animals. Information on these and other programs is available on the internet at www.sfspca.org/Advocacy.html. The Advocate is published quarterly. All rights reserved.

Contact Us

Feral Cat Assistance:
415-554-3071

Open Door:
415-554-3098

Wildlife Helpline
415-554-3053

Email:
advocacy@sfspca.org

advocate archives:
Fall 2001
Summer 2001
Spring 2001


THE SF/SPCA SUPPORTS
THE FOLLOWING CALIFORNIA LEGISLATIVE BILLS:

AB 373 (Leach)
Income and taxes: deductions

> click here to read the bill <

This bill would allow people to take a tax deduction for the veterinary expenses of an animal adopted from an animal shelter or nonprofit animal welfare organization. The deduction would apply to expenses incurred within the first year after adoption.

Key Points
  • The tax break would encourage people to adopt from a shelter, thereby reducing the number of homeless animals that will be euthanized.

  • It would generally raise the status of shelters and humane societies as worthwhile places to go for a pet.

  • It could make adoption possible for people who otherwise couldn't afford to care for a pet.

Status:
Hearing before Assembly Committee on Revenue and Taxation April 23, 2001. Second hearing scheduled.

Where to Write

Send letters supporting AB 373 to:
Assemblymember Ellen M. Corbett, Chair

State Capitol
P.O. Box 942849
Sacramento, CA 94249-0001
Phone (916) 319-2018
Assemblymember.Corbett@assembly.ca.gov

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SB 430 (Vincent)
Income tax credits: spaying or neutering

> click here to read the bill <

This bill would authorize a tax credit of up to $100 for spay/neuter surgery expenses incurred by people who buy or adopt a dog or cat. The credit would apply to tax years from January 1, 2001 to January 1, 2006. Since shelters and rescue organizations are required by law to spay or neuter animals before adoption, the credit would really apply only to dogs and cats from pet stores or breeders.

Key Point
  • The tax credit would encourage spay/neuter surgery, which helps prevent aggressive behavior, curbs overpopulation and reduces the number of homeless animals that have to be euthanized.

Status:
Amended (5-year law 2001-2006).
Hearing before Committee on Revenue and Taxation April 25, 2001.

Where to Write:

Send letters supporting SB 430 to:
Assemblymember Edward Vincent

State Capitol, Room 5052
Sacramento, CA 95814
Fax (916) 445-3712

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AB 1336 (Koretz)
Pet shops

> click here to read the bill <

This bill would require pet shops to have a licensed veterinarian spay or neuter dogs and cats before they are sold.

Key Points
  • The requirement would increase spay/neuter surgery, which helps prevent aggressive behavior, curbs overpopulation and reduces the number of homeless animals that have to be euthanized.

  • It would eliminate breeding of pet shop animals that may have unknown backgroundsÑdogs and cats that could have inheritable health or temperament problems.

  • The San Francisco SPCA believes the bill should also require pet shops to be responsible for the cost of continuing care if complications arise from the spay/neuter surgery.

Status:
Hearing before Committee on Business and Professions May 8, 2001.

Where to Write:

Send letters supporting AB 1336 to:
Assemblymember Paul Koretz

State Capitol
Room 2176
Sacramento, CA 94249-0001
Fax (916) 319-2142
Assemblymember.Koretz@assembly.ca.gov

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SB 712 - (Speier)
State parks: study: off-leash dog activity

> click here to read the bill <

This bill would require the Department of Parks and Recreation to prepare a study on whether off-leash dog activity should be permitted in state parks. The bill doesn't advocate off-leash activity; it merely provides for a study of the issue.

Key Points
  • Off-leash dog recreation is an integral part of daily life for many Californians. Equitable access to public parklands deserves thorough attention.

  • The study is widely supported, and the San Francisco SPCA will be providing legislative testimony.

Status:
Passed on Committee on Natural Resources and Wildlife. Referred to Appropriations.

Where to Write:

Send letters supporting SB 712 to:
Senator Jackie Speier

State Capitol, Room 2032
Sacramento, CA 95814
Fax (916) 327-2186

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AB 161 (Maddox)
Dog breeders

> click here to read the bill <

This bill would revise the definition of a dog breeder, from a person with 50 or more dogs to one with two litters. It would change the requirements for housing and maintaining dogs. It would impose penalties for selling dogs that are ill or develop foreseeable congenital defects.

Key Points
  • The expanded definition of a breeder would hold more people accountable for the health of the puppies they breed.

  • The regulations could result in more humane care. They would encourage breeders to pay more attention to the health of their puppies and discourage them from breeding practices that intensify inherited diseases.

Status:
Passed Assembly floor vote April 5, 2000.
Moves to Senate; has not been referred to a specific committee.

Where to Write:

Send letters supporting AB 161 to:
Assemblymember Ken Maddox

State Capitol, Room 4102
Sacramento, CA 95814
Fax (916) 319-2168

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AB 168 (Nation)
Education: humane treatment

> click here to read the bill <

This bill would eliminate a provision in current law that exempts vocational animal husbandry programs from humane guidelines imposed on public elementary and high schools.

Key Points
  • All public educational programs involving live vertebrate animals would be held to humane treatment standards.

  • More animals would be protected from painful experiments.

Status:
Referred to Committee on Education February 13, 2001.

Where to Write:

Send letters supporting AB 168 to:
Assemblymember Joe Nation

State Capitol, Room 312
Sacramento, CA 94249-0001
Fax (916) 319-2106

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AB 279 (Strom-Martin)
Property tax: exemption: animal control

> click here to read the bill <

This bill would prohibit property tax revenues available to the animal control department from being allocated to the county's Educational Augmentation Fund.

Key Points
  • More money may be allocated to animal control departments.

  • With more money, shelters could improve their facilities, adoption programs and staff training.

Status:
Passed on Committee on Local Government. Referred to Appropriations.

Where to Write:

Send letters supporting AB 279 to:
Assemblymember Virginia Strom-Martin

P.O. Box 942849
Sacramento, CA 94249-0001

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THE SF/SPCA OPPOSES
THE FOLLOWING CALIFORNIA LEGISLATIVE BILLS:
AB 1040 (Dutra)
Disabled persons: liability

> click here to read the bill <

This bill would exempt people from liability for violating the Americans with Disabilities Act (ADA) if they weren't notified of the alleged violation 90 days before the complaint was filed.

Key Point

  • The bill would put unduly burdensome requirements on people with service animals.

Status:
Referred to Committee on the Judiciary; no hearing date set.

Where to Write:

Send letters opposing AB 1040 to:
Assemblymember John Dutra

P.O. Box 942849
Sacramento, CA 94249-0001

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SB 236 (O'Connell)
Dogs/cats: microchip: owner's registry: seller's permits

> click here to read the bill <

This bill would require anyone who wants to sell a dog or cat that is less than one year old to get a permit from the appropriate animal control agency. It would also require the seller to make sure that the dog or cat has been microchipped.

Key Points
  • No consideration has been given to enforcement.

  • Pet relinquishment may increase among those who fail to comply with the law.

  • The law would require local officials to keep a public registry of sales, which raises issues of privacy.

  • There is wide opposition to the bill from animal control directors, humane societies, shelters and breeder associations.

Status:
Hearing April 17, 2001. There will likely be another hearing or revision of the bill.

Where to Write:

Send letters opposing SB 236 to:
Senator Jack O'Connell

State Capitol, Room 5035
Sacramento, CA 95814

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THE SF/SPCA HAS CONCERNS
ABOUT THE FOLLOWING CALIFORNIA LEGISLATIVE BILL:
AB 1709 (Migden)
Animals/mischievous

> click here to read the bill <

This bill expands the scope of existing criminal law in two ways: by applying it not only to owners, but also to any person having custody or control of a mischievous animal; and by applying it not only to fatal incidents, but also to attacks that result in "great bodily harm."

Key Points
  • Shelters that rehabilitate dogs with behavior problems might be criminally liable if a dog is involved in an attack after it has been adopted.

  • Dog walkers who may be unaware of a dog's history of aggressive behavior could have liability problems.

  • The bill would increase the duties of local animal control officers and impose a state-mandated program on local government.

Status:
Passed on Committee on Public Safety.

Where to Write:

Send letters opposing AB 1040 to:
Assemblymember John Dutra

Carl Washington State Capitol P.O. Box 942849 Sacramento, CA 94249-0001 Fax (916) 319-2152 Carl.Washington@assembly.ca.gov

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