Legislative Action News

News Regarding Tail Docking; Sterilization of Intact Animals

News from the New York State Legislature :

Friday, April 3, 2009

Summary - A07218

A07218 Summary:

BILL NO A07218

SPONSOR Glick (MS)

COSPNSR Castro, Colton, Dinowitz, Eddington, Kellner, Paulin, Rosenthal

MLTSPNSR Ball, Boyland, Gottfried, McDonough, McEneny

Amd S365-a, Ag & Mkts L

Prohibits the docking of dog tails for reasons other than to protect the life

or health of the dog as deemed necessary by a duly licensed veterinarian; does

not apply to dogs that have been certified as tail docked prior to August 1,

2009.

A07218 Actions:

BILL NO A07218

03/26/2009 referred to agriculture

A07218 Votes:

A07218 Memo:

BILL NUMBER:A7218

TITLE OF BILL: An act to amend the agriculture and markets law, in

relation to making tail docking of dogs unlawful

PURPOSE OR GENERAL IDEA OF BILL: Prohibits the docking of dog tails for

reasons other than to protect the life or health of the dog as deemed

necessary by a duly licensed veterinarian.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. The agriculture and markets

law is amended by adding a new section 365-a: Any person who cuts the

tail of a dog for reasons other than to protect the life or health of

the animal is guilty of a misdemeanor, punishable by a fine of not more

than five hundred dollars. Any person who shows or exhibits a dog whose

tail has been docked or altered, at a show or other exhibition, is guil-

ty of a misdemeanor, punishable as above. Any dog owner who is injured

or damaged by a violation of these provisions may institute a private

right of action in the supreme court of this state, to obtain redress

for such injury or violation. The provisions shall not apply to any dog

or person who is the owner of any dog whose tail has been certified as

docked, cut or altered prior to August 1, 2009.

JUSTIFICATION: The enactment of this bill would ensure that dogs are not

caused unnecessary risk and pain by cosmetic tail docking. Performed

under anesthetic, the procedure carries within it inherent risks of

blood loss and infection, as well as causing lasting chronic tension in

the back and hindquarter muscles of dogs after the procedure. While

illegal in many countries, docking procedures are so prevalent today

that dogs of some breeds are not recognizable when they are in fact

intact. This legislation would ensure that dogs are no longer subjected

to lasting pain as a result of docking, and also that shows and exhibi-

tions will no favor dogs whose tails have been docked.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect August 1, 2009; provided,

however, if it shall become law after such date it shall take effect

immediately and shall be deemed to have been in full force and effect on

and after August 1, 2009.

STERILIZATION OF INTACT ANIMALS

Received on Mon. 4/13, 2009:

Dear Jim,

SB 250, the mandatory sterilization and pet tax bill, will be heard by the California Senate Local Government Committee this Wednesday, April 15, 2009, at 9:30am in Room 112 of the State Capitol.

I will be there but we need you to attend if we're going to stop this misguided and invasive measure. Please RSVP if you can join us in Sacramento on Wednesday.

SB 250 will result in more dogs and cats being sent to shelters and killed according to analysis of similar legislation (AB 1634) by the California Department of Finance. In addition, SB 250 is a new tax on responsible pet owners.

Wednesday we will have an opportunity to show that our opposition to this anti-pet legislation is both strong and united. The more people who attend the better chance we have of our voice being heard. Please join me and encourage your friends and family to come.

Sincerely,

Bill Hemby
Chairman

* * * * * * * *

On Mon, 4/6/09, doglaw <doglaw@akc.org> wrote:

From: doglaw <doglaw@akc.org>
Subject: CA SB 250 Amended, Set for Hearing - Opposition Needed!
To:
Date: Monday, April 6, 2009, 12:32 PM

CA SB 250 Amended, Set for Hearing - Opposition Needed!

California Senate Bill 250 has been amended and set for a hearing in the Senate Local Government Committee for April 15^th. We need all California fanciers, responsible dog owners and breeders, and clubs to write and oppose this legislation . Letters must be received by April 8 to be reflected on the committee analysis.

SB 250's primary intent is to penalize owners of intact animals and force sterilization of an at-large or unlicensed dog or cat on a first offense. This is an unreasonable standard as even a responsible owner can have a single incident where an animal is let out by a meter reader, neighbor or faulty gate.

As amended on April 2; SB 250:

Allows an unaltered license to be revoked if one citation is issued for a dog being at-large or stray.

Requires a person selling, trading, or placing for adoption an unaltered animal to post the license number if the animal is older than four months, or the age required by the local licensing agency. (The prior version of the bill required a licensing number for any sale of an unaltered animal, and it was unclear how this would affect the sale of puppies and kittens younger than four months who were not required to be license.)

Requires any unlicensed intact animal that is impounded to be sterilized, even on a first offense.

Adds a new definition of "custodian" as follows; "Custodian" means any person who undertakes the personal care and control of a dog or cat, or any person who intentionally provides care, security, or sustenance for a dog or cat on the person's property for any period exceeding 30 days. "Custodian" does not include a licensing agency."

Existing state law already requires owners of intact animals to pay a license fee that is at least double that to license a sterilized animal (Food and Agriculture Code Section 30804.5); and provides for enhanced and graduated fines for owners whose intact dogs are impounded (Food and Agriculture Code Section 30804.7). These statutes are sufficient to incentivize owners to sterilize their animals and to address animal control concerns with specific intact animals who are repeatedly impounded.

AKC believes that the term "custodian" is simply another word for "guardian." The American Kennel Club supports the use of the term "owner" rather than "guardian" when referring to the keeping of dogs. The AKCbelieves that the term guardian may in fact reduce the legal status and value of dogs as property and thereby restrict the rights of owners, veterinarians, and government agencies to protect and care for dogs. It may also subject them to frivolous and expensive litigation. The term guardian does nothing to promote more responsible treatment of dogs. We strongly support efforts to educate the public about responsible dog ownership to ensure that all dogs receive the care, love and attention they deserve.

This legislation will not improve the lives of cats and dogs in California , will negatively impact responsible owners and breeders, and by placing additional burdens on owners of intact animals, ay lead to an increase of animals in shelters. Concentrating animal control efforts on dogs whose behavior demonstrates that they are a problem for the community would be a much better use of taxpayer funds.

What You Can Do:

Attend the Senate Local Government Committee Hearing to Oppose SB 250

April 15th, 9:30am
State Capitol, Room 112
Sacramento , CA 95814

Please contact your State Senator and ask him or her to oppose SB 250. Please personalize this sample letter.

To find out who represents you in the State Senate, please click here.
Encourage your club to send a letter opposing SB 250. Please click here for a sample letter for your club to personalize.
Send your letters to the author and members of the Senate Local Government Committee.

Senator Dean Florez (Author)
State Capitol, Room 313
Sacramento , CA 95814
Phone: (916) 651-4016
Fax: (916) 327-5989

Senator Patricia Wiggins (Chair)
State Capitol, Room 4081
Sacramento , CA 95814
Phone: (916) 651-4002
Fax (916) 323-6958

Senator Dave Cox (Vice Chair)
State Capitol, Room 2068
Sacramento , CA 95814
Phone: (916) 651-4001
Fax: (916) 324-2680

Senator Sam Aanestad
State Capitol, Room 3063
Sacramento , CA 95814
Phone: (916) 651-4004
Fax: (916) 445-7750

Senator Christine Kehoe
State Capitol, Room 5050
Sacramento , CA 95814
Phone: (916) 651-4039
Fax: (916) 327-2188

Senator Lois Wolk
State Capitol, Room 4032
Sacramento , CA 95814
Phone: (916) 651-4005
Fax: (916) 323-2304