Q and A with PetPAC Chairman Bill Hemby on the new AB 1634.

July 11, 2008
Urgent AB 1634 Update

I have just learned from our contacts inside the Sacramento State Capitol, AB 1634 will not be heard in Senate Appropriations Committee on Monday, July 14th. AB 1634 will be sent directly to the Senate Floor without a vote in Senate Appropriations. This has just been confirmed by the Senate Appropriations Committee. This procedure is called 28.8. Its when the Appropriations Chairman decides there are no appreciable costs to a bill, he can determine it isn't necessary to hear the bill in his committee, thus sending it directly on to the entire senate. AB 1634 also has been removed from the Appropriations agenda file.

PetPAC is now asking everyone to direct their letters to 1) your State Senator; 2) to every California State Senator. Contrary to what any other group is telling you, I urge you to not delay.

Send in your letters NOW. Contact your State Senator. You can write them about every bad aspect of AB 1634. You can tell them it will cost local governments millions of dollars. There is no Due Process; There is No Appeal Process; AB 1634 makes it a crime to own an intact dog or cat. This will affect thousands of dog and cat owners in California; AB 1634 will affect tourism in California; AB 1634 will affect law enforcement K9 units, working dogs and herding dogs in agriculture. There are no exemptions. This is a punishment looking for a crime.

Please don't delay. As California goes, so goes the nation.

Bill Hemby

July 2, 2008

Q. Bill, We understand AB 1634 has been completely gutted with new language, and is an entirely new bill. Is that right?

A.Yes, that's right. Mr. Lloyd Levine, working with Senator Negrete Mcleod, Chairwoman of the Senate Local Government Committee, gutted the original mandatory spay and neuter language and essentially, created a new bill. Senator Negrete McLeod then put her name on the new bill, as a co-author.

Q. Is This Legal, Can They Do This?

A. Again, Yes. As long as the author has the support of the committee he can amend his bill as he chooses. The contents of the new AB 1634 was discussed by the committee back in July of '07. Of course, the new language Mr. Levine is insidious.

Q. OK, What does the new AB 1634 say?

A. AB 1634 as amended, is now a " 3 strikes you're out" for intact dog owners and "2 strikes, you're out" for intact cat owners.

Q. What exactly does that mean?

A. AB 1634 says if you own an intact dog or cat, and someone complains about the animal or its owner violating any state or local animal laws, you can be fined. The first fine is $50., the second $100. The third complaint, second for cats, triggers mandatory spay and neuter. The animal owner has to pay for the surgery. These new fines are only for intact dogs and cats. The disturbing part is you can be cited just for owning an intact dog or cat.

At this time, there is no appeal process, no due process rights, no requirement for the complaints to be investigated, no requirement for the complaints to be true. In fact, in committee, when asked, Mr. Levine admitted the complaints could be false. AB 1634, after an hour debate passed out of the committee on a partisan 3-2 vote.

Q. Wow! That's pretty heavy? So, What Happens Now?

A.AB 1634 moves on to the Senate Appropriations Committee. That committee will look at the financial issues of the bill. Even though Mr. Levine says AB 1634 will generate $300 million for the state, Appropriations does its own research. They can dissagree with the author, Mr Levine, and attach a financial cost to AB 1634, if they believe there might be some. Senate Appropriations can vote the bill out, they can defeat the bill, or they can send AB 1634 to the Suspense Calendar. Suspense is a purgatory where any bill costing the state $50,000 or more is held. Towards the end of session the leaders of the majority and minority parties look at these bills and decide which will be resurrected and passed on to the Senate Floor. From the Senate Floor AB 1634 would go back to the Assembly for a concurrence vote on the new language. If it passes, it goes to the Governor for a signature or veto.

Q. How Do you feel about the outcome of the new AB 1634?

A.Our work is cut out for us, but I am very optimistic that together, we can defeat this monster. PetPAC is devoting its full resources to that end. We want AB 1634 dead! We want to send that message throughout California and the country. Look, we generated over 10,000 opposition letters last July.

We need to do that again. Just remember, if AB1634 passes into law, it creates a witch hunt for intact dogs and cats. This is a punishment looking for a crime.