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Subject: [gsp-l] California Legislation
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06/27/2011 12:07 PM  

*******Cross Post Widely:*******

TIME CRITICAL ALERT!!  Next hearing  for AB 1117 is on 6/28
IMMEDIATELY OPPOSE AB 1117 & SB 917 “Lieu’s One-Two Knock-out Punch” to end all animal farming and raising in California   to usher in his vision of a purely vegan California.  
  
Lieu intends to do this by redefining farming, animal raising, selling, transport and showing as “animal cruelty”.
in SB 917.  Then the law set in motion by AB1117 will give animal control officers massive power to be able 
to seize your assets when convicted of “animal cruelty” as defined by SB 917whether they be your pets, 
service animals, herd, computers, farm, house, etc. But that is not all, AB 1117 is written in a way that 
if “animal cruelty” is found then you will be prevented from owning and raising animals for 5 years. 
 
AB 1117 is to be heard in the SENATE PUBLIC SAFETY Committee on 6/28/2011.  Time is critically running out to oppose this dreadful bill. Specific instructions to oppose can be found under bill description below. 

These horrid bills have both quietly snuck through the Assembly and Senate and they are now at the final committee hearings where they will be killed outright or will go quickly for a floor vote and then onto extremely liberal Governor Brown for his signature.

If we love animals and our proud American farming tradition, our pets, pure bred dogs & cats, birds, and our wonderful Rabbit hobby, then all of us must stand up and oppose these bills.  The Animal Rights extremists intend to end our way of life for us and for all future generations of Americans. They think they know what is best for us and our children. If they can’t convince us to be pet-less vegans then they will force it upon us under the color of law. This must end. This is our Normandy . Please send in your opposition letters as soon as possible and then, just as critically important, please get your friends

Here is a brief description of AB 1117: (Thank you Peggy Ricter)

Regarding AB1117:  this bill has passed the assembly and is currently in the Senate Public Safety Committee.

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1101-1150/ab_1117_bill_20110620_status.html

it amends an existing law.  Primarily, I commented on the two major things this bill does that would affect anyone with any animal: 

Existing law requires a convicted person to pay for the seizure and care of seized dogs.  This proposed bill expands the law to require a lien on the animal upon a correctly issued warrant – regardless of innocence or guilt.

The bill specifies “ (j) No animal properly seized under this section or pursuant to a search warrant shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit or the owner can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner can and will provide the necessary care.”  This doesn’t provide for any IMPARTIAL determination by a judge or jury.  – the same entity that seizes the animals are those who are unilaterally the ones that determine if the owner “can and will provide necessary care”.  As has been seen in revelations regarding cities like Bell , it is quite possible for officials and agencies to abuse their authority for personal gain.  The safeguard against this has, and should remain the right of a citizen for proper due process and trial in an impartial setting.  Even in the case of a ticket for reckless driving, a  citizen has a right to challenge in a court of law and their property is not seized for failure to pay the fine – how much MORE so should the State be reluctant to impose such a penalty when such seizure involves what may be a well-loved pet.

Finally, the bill specifies: “597.9.   (a) Except as provided in subdivision (c) or (d), any person who has been convicted of a misdemeanor violation …. and who, within five years after the conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000).”  -- this does not address INNOCENT parties (husband, wife, minor child or other dependent) who “RESIDE WITH” this individual who would then be forced to eliminate ANY animal (up to and including guppies or service dogs) in order to comply with the law.  Not only is this an excessive penalty for a misdemeanor, who is going to pay for its enforcement?  How many more parole officers will be needed to ensure compliance? 

So if a 5 year old has a pet rabbit and the cops arrest her uncle (who is visiting, doesn’t live there) for animal abuse, you have to prove to the people that took the animal that it is healthy and can be returned.  Doesn’t matter, by the way, if the uncle was found not guilty.  If you have an anti tether law forbidding any animal to be “tied out” and someone ties their horse to a hitching rail they could be convicted.  And again, if you have a pet rabbit, the rabbit would have to go  -- they would be banned from “RESIDING with” an animal.

And so forth.

Current law already allows for requiring people CONVICTED of a crime to pay for the care / rescue of the animals.    This bill REQUIRES it and doesn’t address innocent parties. Current law already ALLOWS a judge to decide that a person should not be permitted to have any animals.  This bill mandates it, again without concern for anyone else who may be affected.  The 5 year period is excessive for a MISDEMEANOR when felony convictions often don’t get 5 year sentences. 

You may freely use any of the comments above.  

Peggy Richter. 

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety" - Benjamin Franklin

**********************************************************************

AB 1117 is now in the Senate Public Safety Committee.  We need to FAX our opposition letters to AB 1117 to the following. (You do not have time to send them before this hearing.)  All letter must have the following phrase at the top of the letter or your opposition will not be included:   I (name of organization or individual) strongly oppose SB 917 as amended and
in any and all forms.

A sample letter is attached to this alert. Please feel free to use it, insert your information, and change or modify it to best convey your personal opposition.

Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814

Phone: (916) 445-2841
Fax: (916) 558-3160

___________________________________

Author of AB 1117:

ASM Cameron Smyth

Capitol Office
State Capitol, Room 4098
Sacramento , CA 95814
(P) 916-319-2038
(F) 916-319-2138

Co-authors:

Senator Ted Lieu

Capitol Office

State Capitol, Room 4090
Sacramento , CA
95814

Phone: (916) 651-4028
Fax: (916) 323-6056

Senator Loni Hancock

Capitol Office
Phone: (916) 651-4009
Fax: (916) 327-1997
State Capitol, Room 2082
Sacramento , CA   95814

Senator Tony Strickland

State Capitol, Room 4062
Sacramento , CA 95814
Phone: (916) 651-4019
Fax: (916) 324-7544

Senate Public Safety Committee

Members


Senator Joel Anderson (Vice Chair)

Phone: (916) 651-4036
Fax: (916) 447-9008

Phone:  (916) 651-4030
Fax:  (916) 327-8755

Phone: (916) 651-4035
Fax: (916) 445-9263

Phone: (916) 651-4021
Fax: (916) 324-7543

Phone: (916) 651-4026
Fax: (916) 445-8899

Capitol Office

State Capitol, Room 205
Sacramento ,  CA   95814

Addresses & Staff

Chief Counsel: Alison Anderson
Counsels: Mary Kennedy, Jerome McGuire and Steven Meinrath
Assistants: Mona Cano and Dina Lucero
Phone: (916) 651-4118
Room: 2031

 

For those who have not yet voice their opposition to SB 917-, here is ARBA’s official alert to do so. All instructions are included and a sample letter is attached which you may alter and personalize in any fashion to best convey your opposition:  Be sure to include the following phrase so your opposition will be counted: I (name of organization or individual) strongly oppose SB 917 as amended and in any and all forms.

>>>>PLEASE CROSS POST WIDELY<<<<<

Official Call to Action from ARBA (American Rabbit Breeders Association)

Below  is an official plan of action released this evening by the president of ARBA- Mike Avesing. He has sent out the following information (see below) and has urged every single member of ARBA to take action immediately to oppose SB 917.

Please do the following:

1.)    Cross post this official ARBA call to action alert to every single rabbit owner and raiser you know.  There are over 1,700 members of ARBA. They all need to see this message as soon as   possible. Encourage cross posting to as many concerned citizens as possible nation wide. This message needs to go viral within the next 24 hours to be effective. It is up to each and every single person receiving this email to step up and to send it on to as many folks as they can. We all need to do this if we care about the future of rabbit raising and preserving animal farming interests in California .

2.)    Pease either fax or send your opposition letter as soon as possible to Senator Ted Lieu, Governor Jerry Brown, and all members of the California Assembly Appropriations Committee.  All of the necessary contact information is contained within the ARBA action plan below. Also attached and embedded below is a sample letter that can be used. Just fill in your information as appropriate. Please feel free to edit to better convey your opposition message.  Remember to include this phrase at the top of your letter: “I (name of organization or individual) strongly oppose SB 917 as amended and in any an all forms.” This is so your opposition to this bill will not be dropped should it be changed or amended.

3.)    Next, get as many people as you can to likewise fax or send in their opposition letters. Remember that simply calling or emailing will NOT assure that your opposition will be heard and added to the official file. Have every single member of your family, your friends, co-workers, fellow farmers, etc. fax in their opposition individually. All animal husbandry will be ended in California should this bill pass. We want to literally melt down their fax machines and make it difficult for them to conduct their business as usual. Past experience has taught us that this is the only way to get their attention so they will hear us.

4.)    Please, all of you from out of state, please join our opposition effort and  fax in your opposition letters ASAP. As the saying goes “So goes California , so goes the nation”.  The animal rights operatives behind this monstrous bill will replicate it across the nation if they are successful in passing it in California . This is their tried and true mode of operandus. YOU CAN BANK ON IT!

        We all should extend a big thank you to Mike Aversing for his invaluable help in this effort.

 

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