April 12, 2001
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BILL NUMBER: SB 236
BY Senator O'Connell
FEBRUARY 14, 2001
An act to add
Section 32005 to the Food and Agricultural Code, relating to
LEGISLATIVE COUNSEL'S DIGEST
SB 236, as introduced,
O'Connell. Dogs and cats: micro-chip: owner's registry. ....
The bill would make it a crime for any person
to own, harbor, or keep any dog or cat over the age of 4 months, unless
that dog or cat has been micro-chipped and the owner's identification has
been entered into a national registry approved by the Department of
Food and Agriculture.
By creating a new crime, this bill would impose
a state-mandated local program upon local governments.
THE PEOPLE OF THE STATE OF CALIFORNIA DO
ENACT AS FOLLOWS:
SECTION 1. Section 32005 is added to
the Food and Agricultural
Code, to read:
32005. It is
unlawful for any person to own, harbor, or keep any dog or cat over the age
of four months, unless that dog or cat has been micro-chipped and the
owner's identification has been entered into a national registry approved
by the Department of Food and Agriculture.
The San Diego
March 12, 2001, Pg. A-1
MICROCHIPS IN PETS? FOES
Bill Ainsworth; STAFF WRITER
SACRAMENTO -- To
some it seems like a sinister, Orwellian plot: The
government requires pet
owners to imbed microchips in their dogs and cats revealing the owner's
name, phone number and address. Those who resist face criminal
But backers insist the proposal isn't some Big Brother
they say, it's a way to use advanced technology to rescue
tens of thousands of animals and save millions of taxpayer dollars on
animal shelter operations.
The plan is contained in new legislation, Senate
Bill 236, by state Sen.
Jack O'Connell, D-Santa Barbara, .... "It will
save money and help lost pets be reunited with their loving owners,"
O'Connell said. "It's just good public policy."
Some opponents argue that
the legislation invades the privacy of millions of pet owners. Others say a
law requiring microchips is too extreme, especially for cats, which don't
even require licenses in most parts of the state.
"It's total overkill," said John Folting, a
retired San Diego resident and
member of the Cat Fanciers Association. "How
can you criminalize something like
Bytes Say More Than Bark
by Julia Scheeres
Mar. 15, 2001
legislation in California would require microchips to be implanted in cats
and dogs to reduce the number of former pets killed in the state's animal
shelters each year.
Under Senate Bill 236, introduced by state Sen. Jack
(D-Santa Barbara), dogs and cats would be "chipped" and the
identification entered in a national registry. .... "Our
position is that anything that helps animals, we support," said Bob Reder,
program coordinator for the HSUS. "We don't have hard numbers and
statistics on things like backyard breeders and puppy mills. It'll be good
to find out who we're targeting."
This message is archived at http://www.politechbot.com/
Leave it to government to come up with
a "nifty" way to "preserve animals," or at
least that is what they argue. But we would like to explore the real results of
what will happen here. On the current television news it is being reported that
all people are required under pains and penalty of criminal sanctions
to take their pets in for microchipping at an original cost
of $25 each. It is in this manner, they say, that the government will be
able to readily identify the pet's own, who may then be sited
and fined for such things as a dog digging under
the backyard fence and reaching the street.
We are to believe that this microchipping of these
animals will spare the lives of tens of thousands of animals that are put
to sleep each year at animal shelters. But here is the net result of what this
program with produce.
Economically speaking, many people just will not gather
up all their pets and take them in for microchippinging
at $25 each. A house with two dogs and two cats will be hit up for
$100, and that is just the simple side of the equation.
What happens if the registered dog own decides to give
one of his dogs away, and the new owner fails to reregister the hound? Will the
benevolent donor be cited and fined? What happens when the cat has
a litter of kittens, will he run down to have his seven new kittens
microchipped for another $175 within four months? Very doubtful. More than
likely, we will start seeing animal carcass in plastic bags thrown in dumpsters.
That's just the economic perspective of the matter.
On the subject of privacy considerations, many just
will not be willing to divulge their private information to the government who
wants to put it in their computers, and that for the privilege of being found,
cited and fined by the government. What do these people do? Do they take their
dog or cat to the pound and say, I found this stray hanging around my house,
he's yours. And let us not forget that the compliance rate for the national
census is approximately 64%. Why so low? Could it be privacy concerns?
Now I don't mean to be cruel, but I am a fond cat
lover. Always have been, and always will be. I have always had cats around me
all my life. But I can tell you that I know of some cats that
are going to have to hit the streets and fend for their own
survival "without an owner." May the benevolent pound be gracious unto them in
their so-called endeavor to save these pet's lives. And this picture
is guaranteed to be repeated over and over, and when the pounds are filled
with these animals, and the truth is made public that the pound is
actually killing many more animals under this program that ever before, may the
public heat dealt them be according to their deeds. I estimate that the
extermination rate of these animals will rise no less than 50%,
and probably more like 100%. And then where will be these "animal
rights" activists who proposed this damnable law? Will they stand up an take
credit? Answer me!
Now, let's talk about the practicality of enforcement
of this law. Imagine taxpayer paid "cat police" jumping backyard
fences, poking under cars, climbing trees and running over roof tops and
crawling under foundations of buildings to catch a cat to see if it is indeed
registered, and if so, to whom. Oh, I forgot, they will just shoot
And if government can simply pass a law making mere
ownership of an animal a criminal offense, what keeps them from taking it to the
next step, mandatory microchipping of all children between the ages of eight
months and seventeen years of age. Hey, don't we have thousands of children that
are missing ever year? What a wonderful way to keep tabs on all children. Let's
do it for the children, after all, they are important to us. If fact, let's just
go for a universal mandatory microchipping of the right-hand or forehead of
everyone. It will be the solution to all the world's problems, and we will know
were everyone is at all times.
Rightfully so, it is the duty of the judges to strike
down such senseless unconstitutional legislation here in California. Article I,
Sec. I, CA. Constitution says; "All people are by nature free and independent
and have inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing and
obtaining safety, happiness, and privacy, [providing government allows
for the exercise of such rights. Void where prohibited by
- I Am Ronald Branson
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