Bill Hemby - PetPac © TheDogPlace April 2010 - The following letter was sent by PetPAC to Members of the Senate Public Safety Committee regarding opposition to Senate Bill 1277.

Mary Kennedy
Senate Public Safety Committee
Room 2031, State Capitol
Sacramento, CA 95814

Dear Ms Kennedy;

PetPAC representing 71,000 pet owners is opposed to Senate Bill 1277,which establishes a registry for persons convicted of felonious animal abuse and funds spay and neuter programs.

PetPAC feels such a registry will have little effect on diminishing animal abuse felonies. While criminals convicted of sexual abuse are predators on society, animal abusers are not. are at a loss to understand how allocating 97% of funds raised by this bill to fund spay and neuter programs will reduce criminal animal abuse.

Who does this Registry Include?  As written, the animal abuse registry under provisions of SB 1277 would include felony convictions under sections 487g, 597, 597b, 597.5, 598d, or 600 or conviction of an attempt to commit any of these crimes.

This means the animal abuse registry would include any person who steals ... an animal valued over $400. (487g PC).

Animals are private property, so the theft of any animal valued over $400 is considered Grand Theft. This is tantamount to requiring a person convicted of one special form of Grand Theft to be required to register for life.

Grand theft of a Parrot, Minah bird, purebred dog, pedigreed cat, or multiple animals totaling $400 would require convicted persons to register to the animal abuse registry for life.

(487PC) Any person convicted of stealing any equine or bovine or farm animal would be included in the animal abuse registry. So, Any person convicted of theft of a horse, cow, goat, pig, constitutes Grand Theft, and must be added to those who have to register on the animal abuse registry.

597 PC means the animal cruelty registry would include any person who intentionally, ... wounds any animal.

SB 1277 would include any person who overdrives, overloads, drives when overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter ... any animal. Obviously this includes horses and other equines.

So, pet food buyers will pay for horse abuse as well? Does this mean horse food is considered pet food?

Any owner of a restaurant, café, or other eating place twice convicted of selling horsemeat, shall be included in the animal abuse registry.

Who Pays?  The criminal justice system is already paid for by taxpayers.  SB 1277 requires taxpayers to pay additional taxes for the animal abuse registry. As far as I know, no other registry requires that.

Sexual Predators pay for the Sexual Predator Registry.

Any person convicted of 266 of the Penal Code must pay restitution. This restitution may help pay for the sexual predator registry,

SB 1277 requires only pet owners to pay for the animal abuse registry.

Persons convicted of 273a,273d, 288,5, 311.2,311.3, 647.6, 261,264.1, 285, 288a, or 289, must pay restitution up to $5,000. This restitution may be used for the sexual offender registry.

SB 1277 requires only pet owners to pay for the animal abuse registry.

The Innocent Pay for the Animal Abuse Registry.  What is disturbing is SB 1277 sets up an additional tax on every pound of pet food sold. SB 1277 punishes the innocent to pay for the guilty. This is like requiring victims of child molestation and victims of rape to pay for sexual predator registries.

Any defendant convicted of a felony within SB1277 must make restitution to the owner of the animal. But are not required to help pay for the Animal Abuse Registry.

We believe SB 1277 creates a terrible precedent by using fees on pet food to pay for a criminal justice program totally unrelated to the products sold.

SB 1277 will encumber animal shelters, SPCA, animal rescue organizations, breeders and veterinarians who purchase large amounts of pet food.

SB 1277 is misleading in how its funds will be used. Out of the millions this bill will cost pet food consumers only a scant 3% will be used to pay for this registry. The remainder 97% will be used to pay for spay/neuter and mandatory surgical sterilization programs.

SB 1277 fails to call these funds a new pet food tax, so future increases can be easily allocated or can be redirected toward any other programs lawmakers desire.

SB 1277 is very clear and detailed in its operation of the Animal Abuser Registry, but there is no explanation of what spay/neuter programs will be funded by this new pet food tax/fee.

There is no explanation as to who will receive 97% of the new pet food taxes/fees.

There is no explanation as to what pet food products will be taxed/fee.

There is no cap on the amount that can be collected. In fact, as of yet, there is no amount of tax/fee mentioned.

According to the National Pet Owners Survey there are 12.1 million families in California that own dogs and cats. Annually they spend $432.00 each or $5.7 Billion on pet food. If Senator Florez’ SB 1277 allocates $.05 per pound of pet food, it will raise approximately $285 Million a year. Of that only $8.5 Million will pay for his registry. $276.4 Million will be given to persons unknown for spay and neuter programs. No strings, no obligations, no requirements -- in essence a government giveaway.

Lastly, an animal abuse registry is already available to the general public at www.petabuse.com. This database is national and incorporates every type of animal abuse crime. There are no prohibitions on its use. There is no state reimbursable costs, There is no cost to taxpayers and pet owners.

SB 1277 is a sham. Most of the money will be used for a totally unrelated issue that does not reduce animal abuse. When pet owners learn of this they will be outraged.

Sincerely;

Bill Hemby - Chairman
PetPAC

P.O. Box 188559

Sacramento, CA 95818

https://www.thedogplace.org/Legislation/Animal-Abuse-Registry-Sham-1004_Hemby.asp

SSI