Category: MS/N Legislation

It took 13 amendments to kill AB1634, so I guess we are making progress. SB250 has been amended yet again. Either someone is reading our analysis or is reaching some of the same conclusions. The bill is still ridiculously punitive, but the most ridiculous part has been deleted.

Under previous versions of the bill your intact licenses could be denied or revoked at any time, forever, at the whim of local animal control for just being cited for violation of an animal control law or “being neglectful” of your animals. Just get a ticket, even if you are later found not guilty, and you can never have an intact dog again. Under the latest amendments, you at least have to be found guilty and the vague “neglectful” clause has been struck.

Still, be found guilty even once and you can never confidently own an intact dog ever again. One violation and forever after your local animal control can deny or revoke your intact dog permits at any time. No one can have intact dogs under those conditions. Suppose your county unknowingly hires an animal rights whacko as head of animal control. The ARista revokes and denies all intact licenses, including yours. Maybe he/she is fired six months later but it’s too late, your dogs have already been surgically sterilized. It’s not possible to reattach the parts even if they decide to give you back your licenses.

This will cost local jurisdictions money. If you get a citation for some minor infraction, you won’t just pay the ticket. You’ll hire an attorney and appeal any adverse decision all the way to the Supreme Court. One ticket is a death sentence. Rather than pay the ticket and go on, you have to fight tooth and nail every step of the way. If you loose you either get out of dogs or leave the state.

Older dogs sometimes lose control of their anal sphincter and unknowingly have accidents. So you are taking your senior dog for a walk in the park. He accidentally poops without you seeing it. An animal control officer sees you walk away from a poop on the sidewalk and gives you a citation. Prior to SB250 you’d just pay the ticket. You are probably guilty. You didn’t actually see the dog poop so you don’t know for sure, but it’s $50 or whatever so you just pay. After SB250 you hire an attorney. If the county can’t prove via DNA testing that the poop came from your dog, you won’t pay and you’ll fight to show the DNA test was invalid. You will spend whatever it takes because the alternative is forever being at the mercy of whoever is in charge at animal control that day. One violation and your intact permits can be denied or revoked forever.

Instead of getting a check for $50 in the mail, the county will have to hold a hearing, and maybe an appeal hearing, and go to court, and appellate court, etc. In the end the county will pay thousands in staff costs to collect one $50 fine. It’s only $50 to the county, but it is your life with your dogs to you so you’ll do whatever it takes.

There is some language that partially exempts some hunting dogs. If you have a hunting license and you are using your dog to legally hunt mammals, your dog cannot be considered running at large under section (e). This is disappointing. It doesn’t cover all working dogs. It doesn’t even cover all hunting dogs. What is so special about dogs hunting mammals that makes it necessary to exempt them in this special way? We know a fair bit about hunting dogs and we can’t think of a thing that is unique to dogs hunting mammals. If this bill is bad for those dogs (and it is) then it is equally bad for many other dogs. Save Our Dogs opposes forced sterilization for all dogs. We speak from the perspective of working dogs but we do not seek and will not support exemptions for working dogs.

The hunting dog “exemption” is in practice meaningless because you are still subject to having their intact permits revoked for any animal control law violation. A dog running at large is a violation of various local animal control laws. The “exemption” only applies to section (e)(1)(A) of SB250. It does not apply to local leash laws. So you are out hunting mammals. Through a combination of circumstances your dog is picked up for running at large. Section (e)(1)(A) doesn’t exempt you from the local leash law so you are found guilty. You have violated a local animal control law so your local animal control agency revokes your intact permits under section (b)(2) and you must surgically sterilize your dogs.

Section (g) of previous versions of the bill specifically stated that the owner of an impounded dog had to pay all sorts of costs to get the dog back. These amendments try to disguise that dog killing provision with vague language.

The owner or custodian shall comply with any additional impoundment procedures.

Of course what this means in practice is that the owner must pay to get the dog back. Any law that impounds owned dogs or increases the cost of redeeming impounded dogs will kill dogs. Around 80% of owned dogs that are forcibly impounded are ultimately killed. Taking dogs from their owners is a death sentence. Increasing the costs to redeem a dog, especially with an 11% statewide unemployment rate, will kill dogs.

We fail to see the point of this bill. There is no action that is currently legal that SB250 makes illegal. All it appears to accomplish is give local animal control the power to forcibly spay/neuter as many dogs as possible. What it does do is make responsible pet owners afraid of their local animal control agency. This will reduce licensing compliance. It will increase the cost of enforcement. Fewer dogs will be adopted because the public will avoid contact with the shelters. More dogs will be impounded. More dogs will be killed. SB250, The Pet Owner Punishment Act, just kills dogs.

SB250 was amended April 21, 2009. This version of the bill is not fundamentally different from the bill as introduced or as amended April 21. There is some minor rewording and reorganization but no important changes. The most notable change is that the language about dogs and the language about cats have been separated. The sections of the bill pertaining to cats is now consolidated at the end.

In the April 15 hearing, Senator Wiggins stated that there were serious problems with the bill and forced Senator Florez to accept some amendments. Those amendments are reflected in this new version of the bill. Unfortunately Senator Wiggins’s amendments did not make any meaningful changes in the impact of the bill if it becomes law. She (or her staff) did not recognize the enormous harm contained in section (c). The amendments changed section (e) (formerly section (g)) to restrict it to five specific offenses. This doesn’t matter as section (c) still gives Animal Control the power to force you to spay or neuter your dogs almost without limit.

The following is repeated from our analysis of the April 2 version of the bill.

In spite of the all the complex language, the bill is really very simple.

SB250 is the Pet Owner Punishment Act

There may be some odd corner cases, but overall no new infractions are imposed on dog owners. But the new penalties for existing infractions. Holy Cow! One misstep and for the rest of your life, your dogs are subject to mandatory spay/neuter at the whims of your local animal control agency. Get cited for a barking dog, even if you were out of town and the dog was with you, then for the rest of your life, at any time, AC can swoop in and force you to spay/neuter your dogs. You can’t even sell your dogs or give them away. You must shell out $300 plus to have each and every one spayed or neutered. Or turn them over to the pound to kill. The only new legal requirement is that an unlicensed intact dog that is impounded, must be spayed or neutered, at the owner’s expense, before the dog can be released. And of course that additional $300 plus cost of spay/neuter wouldn’t prevent anyone from reclaiming their dog would it? SB250 will kill dogs.

Here are the two critical points:

First: The bill requires that every dog be licensed “pursuant to Section 121690” or as required by the local jurisdiction. That’s just the normal dog license you are already required to get. State law requires that the license for an intact dog cost at least twice as much as for a spayed or neutered dog.

Second:

(c) An unaltered dog license may be denied or revoked for one or more of the following reasons:
[omitted]
(c)(2) The licensing agency has issued one citation verified by the agency
pursuant to existing policies and procedures that the owner,
custodian, applicant, or licensee has allowed a dog to be stray or
run at large or has otherwise been found to be neglectful of his or
her or other animals.
(c)(3) The owner, custodian, applicant, or licensee has been
previously cited for violating a state law, or a city, county, or other
local governmental provision relating to the care and control of
animals.

That pretty much covers it. You have to have an intact license and if you have ever been cited for an animal violation or “been found to be neglectful of [your] other animals” your intact licenses can be denied or revoked. At any time. For all of your dogs. Forever.

If that weren’t bad enough here’s the real horror. You don’t even have to be found guilty of the violation you were cited for. Just receiving the citation alone is enough to drop the ax. Here’s the definition of “citation”.

citation

n. 1) a notice to appear in court due to the probable commission of a minor crime such as a traffic violation, drinking liquor in a park where prohibited, letting a dog loose without a leash, and in some states for possession of a small amount of marijuana. Failure to appear can result in a warrant for the citee’s arrest.

A citation is just a notice to appear in court. No requirement that you were ever found to have actually been in violation of any law. So even if you were found innocent of the charges in a citation, you are still guilty under SB250. And you have to have an intact license to sell or give away a dog. So your only choices are to pay to spay/neuter or dump the dog at the pound.

The other disaster in the bill is this:

(h) If an unlicensed unaltered dog or cat is impounded pursuant
to state or local law, in addition to satisfying applicable
requirements for the release of the animal, including, but not
limited to, payment of impound fees pursuant to this section, the
owner or custodian shall also do one of the following:
[omitted]
(2) Have the dog or cat spayed or neutered by a veterinarian
associated with the licensing agency at the expense of the owner
or custodian. That expense may include additional fees due to any
extraordinary care required.
(3) Arrange to have the dog or cat spayed or neutered by another
veterinarian licensed in this state.

So when an unlicensed, intact dog ends up in the shelter, and the owner comes to pick him up, not only does he get to pay all the existing fees. He must pay to have the dog spayed or neutered. In this economy a lot of people may not be able to afford that additional $300 plus. They might just tell the shelter to keep the dog. Now that’s another dog ripped from his home to either be adopted or killed.

This bill is just about punishing people and killing dogs. Nothing more. As dog trainers we know that rewards work far better than punishment. Too bad the backers of this bill are still in the jerk and choke era of training. Punishment builds resentment and fear. Rewards build cooperation and confidence. In both dogs and people.

This morning SB 250 was passed out of the Senate Local Government Committee on a party line 3 to 1 vote. Senator Aanestad was not present. Senator Cox provided the lone NO vote. He has been a reliable opponent of mandatory spay/neuter and we thank him for his continued opposition.

Senator Wolk expressed substantial reservations about the impact on working dogs and extracted a promise from Senator Florez to amend the bill to exempt working dogs. We thank Senator Wolk for her concern for working dogs, but we have our doubts about the approach she has taken.

Senator Kehoe also expressed substantial reservations. She asked for clarification of the actual impact of the spay/neuter law in Santa Cruz. NAIA will be involved in providing that analysis. She also expressed interest in Calgary and we will be working with CDOC to provide her with more information.

Chairwoman Wiggins rightly recognized that the bill is seriously flawed and forced Senator Florez to accept some amendments. Unfortunately those amendments do not in any way reduce the serious harm this bill will cause.

Although disappointing, the outcome was not surprising. Senator Florez is the Majority Leader and one of the most powerful members of the state legislature. As we discovered in the early days of AB 1634, the process is driven more by political horse trading than by the merits of the bill. Had the vote been on the merits of the bill, comments from the senators suggest it probably would have been defeated 3 to 1 or even 4 to nothing. Instead Senator Florez made several promises about future amendments and that was enough to get the Democrats to support their leader.

As bad as this bill is, and even with Senator Wiggins’s amendments it is very bad, we believe that we are better positioned than we were at the same point in the process with AB 1634. Several organizations that were just being formed at this time two years ago are well organized and experienced in the legislative process. Save Our Dogs is working closely with CDOC and NAIA. While we don’t agree on everything we have good working relationships with them. Together we form a much stronger opposition than we would separately. We would also like to acknowledge the AKC’s contribution. While AKC is not as active as they were on AB 1634, they have been helpful.

We estimate that opponents of SB 250 outnumbered supporters 10 to 1 at the hearing. For some reason the Committee chose not to acknowledge the public participation in any way. We are confident that the senators could readily see the overwhelming majority of “No on SB 250” buttons. For those of you who made the trip, our thanks and your presence mattered. All of us are volunteers and your encouragement, thanks, and good wishes help keep us going.

SB250 was amended April 2, 2009. This version of the bill is not fundamentally different from the bill as introduced. There is some minor rewording but no important changes.

I originally wrote a long detailed analysis of the bill, but by the time I finished, I realized it wasn’t necessary. In spite of the all the complex language, the bill is really very simple.

SB250 is the Pet Owner Punishment Act

There may be some odd corner cases, but overall no new infractions are imposed on dog owners. But the new penalties for existing infractions. Holy Cow! One misstep and for the rest of your life, your dogs are subject to mandatory spay/neuter at the whims of your local animal control agency. Get cited for a barking dog, even if you were out of town and the dog was with you, then for the rest of your life, at any time, AC can swoop in and force you to spay/neuter your dogs. You can’t even sell your dogs or give them away. You must shell out $300 plus to have each and every one spayed or neutered. Or turn them over to the pound to kill. The only new legal requirement is that an unlicensed intact dog that is impounded, must be spayed or neutered, at the owner’s expense, before the dog can be released. And of course that additional $300 plus cost of spay/neuter wouldn’t prevent anyone from reclaiming their dog would it? SB250 will kill dogs.

Here are the two critical points:

First: The bill requires that every dog be licensed “pursuant to Section 121690” or as required by the local jurisdiction. That’s just the normal dog license you are already required to get. State law requires that the license for an intact dog cost at least twice as much as for a spayed or neutered dog.

Second:

(c) An unaltered dog license may be denied or revoked for one or more of the following reasons:
[omitted]
(c)(2)  The licensing agency has issued one citation verified by the agency
pursuant to existing policies and procedures that the owner,
custodian, applicant, or licensee has allowed a dog to be stray or
run at large or has otherwise been found to be neglectful of his or
her or other animals.
(c)(3) The owner, custodian, applicant, or licensee has been
previously cited for violating a state law, or a city, county, or other
local governmental provision relating to the care and control of
animals.

That pretty much covers it. You have to have an intact license and if you have ever been cited for an animal violation or “been found to be neglectful of [your] other animals” your intact licenses can be denied or revoked. At any time. For all of your dogs. Forever.

If that weren’t bad enough here’s the real horror. You don’t even have to be found guilty of the violation you were cited for. Just receiving the citation alone is enough to drop the ax. Here’s the definition of “citation”.

citation

n. 1) a notice to appear in court due to the probable commission of a minor crime such as a traffic violation, drinking liquor in a park where prohibited, letting a dog loose without a leash, and in some states for possession of a small amount of marijuana. Failure to appear can result in a warrant for the citee’s arrest.

A citation is just a notice to appear in court. No requirement that you were ever found to have actually been in violation of any law. So even if you were found innocent of the charges in a citation, you are still guilty under SB250. And you have to have an intact license to sell or give away a dog. So your only choices are to pay to spay/neuter or dump the dog at the pound.

The other disaster in the bill is this:

(h)  If an unlicensed unaltered dog or cat is impounded pursuant
to state or local law, in addition to satisfying applicable
requirements for the release of the animal, including, but not
limited to, payment of impound fees pursuant to this section, the
owner or custodian shall also do one of the following:
[omitted]
(2)  Have the dog or cat spayed or neutered by a veterinarian
associated with the licensing agency at the expense of the owner
or custodian. That expense may include additional fees due to any
extraordinary care required.
(3)  Arrange to have the dog or cat spayed or neutered by another
veterinarian licensed in this state.

So when an unlicensed, intact dog ends up in the shelter, and the owner comes to pick him up, not only does he get to pay all the existing fees. He must pay to have the dog spayed or neutered. In this economy a lot of people may not be able to afford that additional $300 plus. They might just tell the shelter to keep the dog. Now that’s another dog ripped from his home to either be adopted or killed.

This bill is just about punishing people and killing dogs. Nothing more. As dog trainers we know that rewards work far better than punishment. Too bad the backers of this bill are still in the jerk and choke era of training. Punishment builds resentment and fear. Rewards build cooperation and confidence. In both dogs and people.