Opposition to California Healthy Pet Act, AB 1634

Opposition to the
Dog and Cats: Nonspayed or unneutered: Civil Penalties
AB 1634

Mandatory Spay and Neuter for Dogs and Cats

We have been requested to put this site back on line.  The for current information about the progress of the bill please go to the links below.  This site will not be updated, however, the information on this site is here for research and factual backup.

CLICK HERE TO SIGN THE PETPAC PETITION

PLEASE fax a new letter of opposition to the Senate Appropriations Committee TODAY. Click here for the office locations and fax numbers of the Senate. Please Include above the main body of the letter:
RE: I OPPOSE AB1634, including any revisions that may be forthcoming Many pieces of mail never get read beyond this line.

The purposes of this hearing, only fiscal information is considered. Letters should be sent to all senators and representatives NOW. Your letters may address all the reasons for opposing AB1634. Some of those points may be gleamed from the following:

  • NAIA web site (Good sources for form letters. Scroll to the bottom of this page for a link to the form letter and how to use the form)

  • Save Our Dogs

  • PetPAC

  • AKC

  • Concerned Dog Owners of California (CDOC)

  • California Federation of Dog Clubs (CFofDC)

  • Fiscal facts compiled by Margaret Cleek.
    Note: If you use Margaret’s points she requests that if any of her wording is changed that the person doing the edit indicates that this is their input and should not be attributed to Margaret. If no changes are made to Margaret’s input it may be used in composing letters.

    AB 1634 (BsSL version)
    OPPOSITION POINTS
    AB 1634 will cost municipalities. This bill will neither reduce the costs to AC nor decrease the euthanasia rate. As with other legislation relating to S/N it will decrease license compliance and increase enforcement costs This will lead to disastrous consequences and as with the Hayden bill, municipalities will appeal to the state to cover the costs incurred.

    AB 1634 could shift AC focus from rabies control to intact animal control. The primary function of AC is rabies control. A single case of canine rabies can cost hundreds of thousands of dollars in public health costs. This law will reduce license and rabies compliance as licensing an intact animal is self-incriminating and people will not license to stay off the AC radar.

    AB 1634 will not reduce shelter costs to California because the greatest percentage of AC costs are fixed costs. Over 90% of AC costs are facilities, administration, bare bones staffing and vehicles. Animals in the shelter are a variable but very small cost. Even if reductions occur costs would increase as the Hayden bill provides that animals be cared for if space is available. Killing is significantly cheaper than providing board and vet care.

    AB 1634 will have disastrous consequences because it assumes all animal-related problems are the result of intact animals. This is patently untrue, pets, bite, scratch, run, poop, dig, with body parts other than their reproductive organs. Since response to complaints is lucrative for ACs AND PRIVATE ORGANIZATIONS under this bill, ACs may ignore valid and serious complaints regarding altered pets. Lloyd Levine's statement to the Local Government Committee that 5% of animals in shelters are altered is totally unsubstantiated.

    AB 1634 will lower licensing of unaltered pets. This bill provides that the ownership alone of an intact animal who is the subject of any allegation (which need not be investigated and deemed true) is subject to civil penalty and fine. Thus the act of licensing your pet is an act of self-incrimination. License compliance is low already. This provides a further disincentive to license.

    AB 1634 also will entail significant costs to every one of the 536 jurisdictions in the state AR groups have already in public meetings expressed willingness to be gonad vigilantes. There will be significant increases in cost of complaints. There may be revenue from civil penalties, but only if AC only responds to calls where the home has intact licenses on file. This creates a vicious cycle as citizens will write "deceased" on license renewals of intact pets so as not to target themselves.

    AB 1634 cannot be effective without incurring substantial enforcement costs. Research on compliance indicates that if the scofflaw rate is above 5% enforcement is required. With dog license compliance at less than 20% and cat at less than 3%, Enforcement for AB 1634 will require vet reporting which would reduce rabies compliance, or door to door canvassing which is an invasion of privacy, requires self-incrimination, and the cost of which society will not bear considering the other issues we face such as drunk driving, illegal immigration, crime and drug use.

    AB 1634 will result in law-suits. This law violates the 5th, 6th, 8th, 14th amendment. There is no due process, there is no right to confront your accuser, you can be fined and have property taken without compensation on mere hearsay. Eventually suits will be brought by organized groups and individuals and municipalities will face the cost of legal defense.

    AB 1634 destroys the fabric of society. This bill allows for witch hunts and vindictive reporting. It violates the constitution and puts responsible owners of intact animals at risk for false accusation by members of the public or false action on the part of ACs or PRIVATE ORGANIZATIONS.

    AB 1634 allows private organizations to collect and keep civil penalties. This law allows shelters and SPCAs to levy and collect civil penalties, which not only can result in abuse, but funnels public revenue to private coffers.

CALL AND WRITE YOUR SENATORS NOW!

AB1634 is an attempt to control unwanted animal populations in California.  Current data shows that as the human population has grown from 20 million to 36 million over the past 30 years, the number of shelter impounds has dropped over 37% in the same time period.  Pet populations traditionally increase along with human populations. Clearly, this data suggests that existing spay and neuter programs and public education have had an impact on declining rates of shelter impounds.

We have impound numbers, but we don't have accurate data regarding the reasons animals are impounded.  

  • What percentage are strays?  
  • What percentage were given up by their owner for behavior or medical issues?  
  • What percentage are dogs?
  • What percentage are pure breeds?  
  • What percentage are mixed breeds?
  • What percentage are cats?
  • What percentage are feral cats?
  • What percentage are kittens?
  • What percentage are puppies?
  • What percentage are rescues from abroad?
  • What percentage are smuggled?   

Without accurate shelter data, how do we know what proportion of these unwanted animals are actually adoptable?  A well-designed study is needed to determine exactly what the problem is before we pass broad scope legislation aimed unaltered dogs and cats.  

Should AB 1634 be enacted, the effects will likely be:

  • Shelter euthanasia will increase for a few years as people give up their pets they can’t afford to spay or neuter

  • Licensing rates and Vaccinations will decrease as people “hide” from the legislation,

  • Revenue from licensing and vaccination programs will decline

  • Small breeders will vanish from the open market immediately to save their breeds from extinction in California

  • Dog and Cat shows and events will fade away, taking with them with the significant tourism revenue generated by these events

  • Commercial breeding, puppy smuggling from abroad will increase resulting in unhealthy, poor quality pet populations

  • Enforcement of this law is impractical so accidental litter rates will decline only slowly

  • Feral cat populations will be largely unaffected

Reasons for Opposition

Health Considerations of Our Animals

AB 1634 does not address the health considerations associated with spaying and neutering animals at an early age, especially affecting the long-term health of working breeds or any dog (purebred or mixed breed) that participates in working or athletic events.

AB 1634 Promotes Puppy Mills and discriminates against all breeders.

Under this legislation, rare breeds and working breeds would not be recognized as purebred, and would be subject to the mandatory spay and neuter law. Dogs We Can't Live without

Industrial breeders are exempt and AB 1634 would actually promote “puppy mills,” most likely adding to the numbers of unwanted, unhealthy dogs in shelters. We will see an upsurge of expensive mall pet store puppies, bred by commercial operations. These pets are not sold with the lifetime support of the breeder, such as local hobby breeders usually provide. We will see an increase in sick puppies smuggled in from other countries, sold out of the backs of pickup trucks.
The Problem with Puppy Smuggling, Baltimore Sun, May 8, 2006.

Responsible US breeding programs for rare and working breeds would be severely and negatively affected. 

AB 1634 Is Bad For BUSINESS. 

California communities stand to lose millions of dollars when the various kennel clubs no longer sponsor events in the state due to the provisions of AB 1634.  All City Dogs, San Diego, CA

The very name of this proposed act, AB 1634, The Healthy Pet's Act is deceptive to the general public.  This bill is not a “healthy pet’s act” it reads more like a “pet extinction act.”

Solutions

Legislation to control unwanted animal populations should focus on “owner responsibility.” Pet owners must ultimately take responsibility for their animals. People need to be educated so they understand and accept the responsibilities of pet ownership before they acquire a pet.  Breeders need to screen their buyers to ensure appropriate placement of animals. Careless breeding should be discouraged through veterinarians, breed club organizations, public education, licensing incentives, tax incentives and low-cost spay and neuter clinics.  There is a better way to address the issue – AB 1634 is not the solution.

Legislation to Control Unwanted Animal Populations Should Focus on WHAT WORKS

  • Owner responsibility and public education

  • Breeder Responsibility and education via breed club organizations

  • Licensing incentives

  • Tax incentives – veterinarians, pet owners

  • Low cost and/or subsidized spay/neuter clinics – THEY WORK

AB 1634 will not solve the problem.

We respectfully asks you to oppose Assembly Bill 1634, the California Healthy Pets Act.

 

Save Our Dogs: a grassroots effort to save working dogs from AB 1634, mandatory spay/neuter
For more articles and contacts go to www.SaveOurDogs.net