Past Affairs

IAWA

Past Affairs: These are issues that IAWA cannot at this time do any further work on. They are either awaiting a decision at the level they are at or have already been passed.

Should one of these issues become active to a point where IAWA’s input or involvement can again possibly matter, it will be moved to our Current Affairs page and work will again begin on that issue.

We sincerely hope our members will read below and realize the tremendous amount of personal time and money the IAWA board members are dedicating to their behalf for the minimal financial support requested.

We welcome input from anyone regarding misinformation or further information on the following issues or more importantly, new ones. We respectfully ask that non-fact based opinions by those opposing the views of IAWA not be submitted.


	AB820 - Stickland - Animal Welfare Bill (3/05) This Bill was introduced in response to the escape of a tiger in Southern California (Assemblyperson Audra Strickland’s district) and imposed additional requirements to the Calif. Dept. of F&G Code to make it more difficult for private industry facilities to keep animals. The Bill required all animals to be micro-chipped, exempted AZA from having to follow the same rules giving them an unfair advantage in our industries and placed unrealistic demands and expenses on Calif. Dept. of F&G. After several public hearings, many meeting in Sacramento with Stickland’s staff and a lengthy negotiation between the Strickland staff and IAWA’s legal/lobbying council, the bill was amended to have little if any negative impacts on IAWA members and was ultimately supported by IAWA.

	Horse Meat Issue (10/05) This issue was brought to IAWA by the manufacturers of several large cat diet companies. The initial complaint was that it was going to be made illegal for them to use horse meat in their diets any longer therefore making it impossible to continue making large cat diet. Upon further investigation by IAWA to the House and Senate Agriculture Appropriations Committee, it was explained that the amendments did not make it illegal to use the horse meat, it removed the USDA inspector from the manufacturing plant for free. In the past the govt. paid for the inspector to be there and in their budget cuts, they removed govt. paid inspectors from pet food plants and required those manufacturers to pay for their inspectors. In the end, IAWA did oppose the amendment to no avail. but to the best of our knowledge, those companies are still in business today and still providing their normal products to our members.

	Calif. Dept. of F&G vs Jill Galindo (member) 10/05 This was an issue where one of our members applied for a Ca. Dept. of F&G permit to breed ocelots, clouded leopards and servals and was denied for various reasons. Upon investigation by IAWA, we determined there was no reason the permit should have been denied for Ms Galindo met all requirements per Title 671 of the F&G Code. Our concern was how such a decision on the part of F&G could effect our industry as a whole. Our attempts to discuss such concerns with the Dept. met with negative results therefore Ms. Galindo filed an appeal with the Calif. F&G Commission. At that hearing in Santa Barbara, CA., IAWA’s legal council attended to voice our concerns on the matter and how it would affect our industry. The F&G legal representative immediately asked that the matter be taken off record and admitted that there was no need for a formal hearing due to miscommunication on the part of F&G. Ms Galindo was issued her permits. There have been several other such incidents with the Dept. of F&G involving attempts by some members of the Dept. to implement somewhat “underground” regulations that are beyond the scope of Title 671. These other incidents have been handled in-house by IAWA without the use of our attorney therefore they are not listed separately. We encourage all members who feel they are possible victims to this type of enforcement to contact IAWA asap.

	Nebraska Legislative Bill 1000 Price - 1/06 This bill made it illegal for elephant managers to use an ankus or leg chains. Much like the Chicago ordnance (below) and the Calif. AB3027, this is another clearly defined case of a legislator being misguided by animal rights activists with a hidden agenda that reaches far beyond the scope of what they are telling those authoring legislation for them. In short, this bill’s current status is indefinitely postponed.

	American Humane Guidelines amendments (2/06) In Feb. of 2006, the American Humane Association released their amended guidelines for the use of animals in Film and Television. To make a very long story short, some IAWA members who participated by making recommendations towards the amended version felt their views were ignored or misrepresented. AHA’s attempt to address and nullify the concerns of the many extreme animal rights groups who have a total aversion to the use of any animal in film and television was thought by many to be a push in their direction. By the time IAWA had a chance to address the many concerns surrounding the completed guidelines and negotiate a solution, the final version had gone into print and AHA felt unable to address those concerns or make and changes. Unfortunately, further dialog with AHA has met with negative results so as it stands, the guidelines are what they are and IAWA members are encouraged to deal with them on a personal level. For more information on AHA and their guidelines, contact www.americanhumane.org and follow the links to the film and television unit.

	Chicago Ordinance 742-390 - Elephant Ordinance. 2/06 This ordinance was a city wide attempt at removing elephants from Chicago and not allowing traveling elephants to enter Chicago. Much like California AB3027, the language was almost identical requiring unrealistic space requirements and making the use of the ankus and chains illegal. This ordinance was put on hold pending investigation of the need for such an ordinance. The investigation is supposedly underway now. IAWA wrote letters opposing the ordinance which would literally remove elephants from most zoos and all entertainment facilities. The ordinance was opposed by AZA, EMA, Ringling Bros., and many other larger organizations.

	Los Angeles County Mandatory Spay/Neuter Proposal (4/5/06): This proposal was unfortunately adopted and effective June 3, 2006 requiring all dogs to be spayed or neutered unless their owner purchases a $60 intact animal license (previously $30) and meets the stringent criteria established by the county. The measure further requires all dogs to have microchips and raised the fee for a sterilized dog from $15 to $20. IAWA wrote letters opposing this measure for several reasons, one of the more important reasons being that many of our members valued the ability to breed specific mixed breed dogs for their specific needs. We also knew of many working ranches who valued the mixture of two working breeds of dogs to create the perfect animal for their needs. The lack of recognition of the animal by AKC should not eliminate a person’s freedom to breed two breeds for any reason. The requirements to get an intact dog license is very lengthy and complicated making it utterly ridiculous! American Kennel Club opposed the measure and we are fairly certain, they intend to challenge the issue in a higher court. More information can be found on this issue at www.animalcontrol.la.ca.us

		AB3027 Levine - Elephant Bill 2006


	This bill was introduced by Assemblymember Loyde Levine, one of two Assemblypersons in the California Assembly who plaque the animal industries. Extremely misled and misinformed by animal rights activists, Mr. Levine together with Animal Protection Institute authored this bill that would remove elephants from most facilities in California due to the


	unreasonable space requirements and its prohibition on the ankus and chains to manage the animals. Those IAWA members who traveled to the many hearings, lobbying sessions, and meetings for this bill were in awe of the injustice that our system allows to happen. This bill removes elephants from entertainment COMPLETELY yet it was not to be heard by the Arts and Entertainment committee.

In the Public Safety Committee, the author was given as much time as he needed to present his bill yet three menbers of the opposition were only given 2 minutes each. We listened as Mr. Levine presented testimony from books written in 1950 - yet he forgot to present that fact! At the end, the Chairperson, Mark Leno stated that Mr. Levine’s bill was riddled with problems but that he would move the bill forward “as a courtesy” to Mr. Levine. An unjust system could not have been better represented!

The Bill was then sent to the Appropriations Committee where several IAWA members barraged that committee with proof of financial hardship should the bill pass. It was then held on suspense by the appropriations committee where it was dropped. Levine did propose amendments to try and salvage the bill but lobbyists from Ringling, CAZA and Teamsters reps worked to defeat that effort. We have no doubt he will attempt to reintroduce this bill next year but for now, the efforts of the many who fought it were rewarded and as usual, the money of the taxpayers was wasted for Levine’s having introduced it!

NBC & Discovery Contract Issue

This issue is one that was brought about when NBC and Discovery asked IAWA members to sign contracts with their studios that in essence, required them to assume ALL risks and liabilities in order to work in their studios. Upon review of the contracts, IAWA saw them as a threat to our industry. Although Discovery seems to have backed away from wanting the contract, the NBC contract went back and forth between the legal dept. of NBC and IAWA’s attorney for several months. In the end, all agreed on a final version that we can all live with. We commend NBC for their willingness to work with us and our attorney on this matter.

AB2862 Thomas - Pet Store Bill 2006

This Bill, when originally authored, place demands on pet stores that were both unnecessary and impossible to meet. As always, the author, under the guidance of a familiar animal activist group, was misled into authoring legislation that made it impossible for reptile owners to buy food from pet stores for their rodent eating collections. It placed feeding demands on all animals that were unhealthy for some.

IAWA worked diligently with the author of AB2862 until we felt the Bill had been amended to a point that it would actually allow us to support it. It is still moving through the legislative process but currently its language will have no ill effects on our industry. As of 10/1/06, this bill was vetoed.

AB 2110 Hancock - Field coursing dog Bill

This bill was brought to us by an IAWA member, it would prohibit the use of field coursing dogs to hunt as has been historically done for many years. Upon review, IAWA felt the language was extremely vague and could easily include all field hunting dogs as well. It could even lead to a ban on falconry for the birds hunt pretty much the same way as the coursing dogs.

This is a chip against hunting in general and for many political and animal reasons, IAWA had to oppose this bill and did so in writing.

The current status of the bill is: as of 10/1/06 Failed. Special thanks to the member who brought it to our attention.

H.R. 503

HORSE SLAUGHTER LEGISLATION & ISSUES

ACTION NEEDED:
H.R.503
Title: To amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption, and for other purposes.
Sponsor: Rep Sweeney, John E. [NY-20] (introduced 2/1/2005) ~Cosponsors over 100
Latest Major Action: 2/1/2005 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

According to our information, this bill could eliminate our ability to continue buying USDA inspected carnivore diets from several major suppliers in the US (Nebraska Brand etc...) IAWA is opposing this legislation. Our attorney is authoring our letters opposition.

As of 10/1/06: (HR503) passed the House by a vote 263-146 on September 7, 2006 in a very dark day for animal owners. The hysteria surrounding this bill that was whipped up by the Humane Society of the U.S. (HSUS), and that group's dishonesty, were overwhelming. This bill gives equines quasi-human status, federally dictates end-of-life decisions for animal owners and sets a dangerous precedent by banning a livestock product for reasons other than food safety or public health. HR503 will not become law. Senate opponents, led by Sen. John Cornyn (TX-R), have put a procedural "hold" on the bill, eliminating any possibility of Senate passage this year. If you agree that HR503 is a bad bill, call the Senator's office and thank him - 202-224-2934.

Action: Please contact your Representatives home office and try and meet with them over 4^th or at least express your concern and ask them to not cosponsor (if they haven’t) and vote no. Cosponsors are being added daily so this is very important.
Also, please send letters from your group to Chairman of the House Ag Committee, Rep. Goodlatte. Send letters to:
elizabeth.parker@mail.house.gov

U.S.Fish and Wildlife Service Migratory Bird Management proposed amendments

This was a listing in the Federal Register (which we try to watch regularly for matters that concern our members) requesting input on amendments to the Migratory Bird Act. IAWA responded with recommendations to revisit the list of birds that are prohibited for use in the entertainment industry. Questions were raised why it was OK for nonnative birds to be used but not native birds which were far less risk should escape or loss occur - especially native birds that were destroyed as vermin in some counties. We continue to watch for further action by U.S. F&W on this matter but so far, nothing further has been posted.

U.S. Fish and Wildlife CWSA Proposed Rule 50 CFR part 14 (2/06)

Yet another posting in the Federal Register, IAWA found where U.S. Fish and Wildlife are proposing to amend the Lacy Act and redefine “Large Cat” vs “Small Cat” for the purposes of safe handling and keeping of pets. Obviously, IAWA has a large stake in this subject for any time an incident occurs in the private sector, everyone suffers - professional and non-professional alike.

We submitted a very in-depth analysis explaining our recommendation to not divide the cats up based on size but by species when it comes to pet issues. We further recommended creating a criteria for safe handling based upon the weight of a cat, again not the species. Lastly, the proposed rule suggested that veterinarians be exempt from the language of the Rule which we strongly objected to. We continue to watch for further action by U.S. F&W on this matter but so far, nothing further has been posted.

USDA Proposed Rule 9CFR Part 2 4/29/06

Well as if USDA didn’t have enough problems, they’re at it again with a proposed rule in the federal register that would require the use of transport cages for all animals being moved from enclosure to enclosure. This one includes primates, cats, bears, etc... It has no defined exemption for film and studio work. It is aimed at eliminating a risk that does not truly exist! It’s language has hints of making traditional movie work illegal.

We have no idea who in USDA is coming up with this stuff but we have no doubt that someone (probably a new comer) is rattling cages that simply don’t need to be rattled and in doing so, stirring up a major storm between licensees and USDA. Their is a clear animal activist flavor to everything they are doing right now and it is clearly aimed at our industry!

Our attorney is currently authoring a letter of opposition to this proposed rule. As usual, no input was requested by anyone from USDA from our industry. Once again, our legal eagles are telling us that USDA is heading for a bad day in court if it needs to go there which they feel is inevitable.

We’re watching this very closely and making our position / plans very clear to USDA.

USDA Farm Animal ID legislation

Guess who? USDA AGAIN!

This is an alert received regarding USDA’s attempt to quietly pass legislation that would require all farm animals (even backyard animals) to be micro-chipped . They are using the USA Patriot Act to rush through this legislation called NAIS (National Animal Identification System.) This would be required of every horse, chicken, cow, pigeon, goat, pig, sheep etc...

We’re not sure but we thought our country was facing financial challenges. How USDA feels they can finance and enforce such a nightmare when they can’t even finance and enforce exotics is beyond us! Once again, it tends to point to a new push in the Department that is leading the agency down a wrong path!

Again, our attorney has authored a letter opposing the legislation. We’ll keep you posted.

3/1/07 California Assembly Bill AB 777 - author: Assembman Lloyd Levine.

The fun begins! AB 777 is the reintroduction of last year’s AB 3027 that failed to become law due to opposition from many to include ourselves, circus, AZA etc... (see Past Affairs page)

We were happy to realize that this new version saw the same opposition for it was clearly authored and co-authored by those who have NO experience whatsoever in caring for elephants and who have a hidden agenda to eliminate elephants from entertainment, exhibition, and captivity all together. The bill would once again have made chaining and guide tools illegal which would mean all elephants would be placed behind bars forever and be severely restricted from the veterinary care they need and deserve. Language was cleverly added that allowed zoos exemption from the bill “if” they don’t modify their existing facilities.

This was the authors means of escaping the financial impact issue on the state that he suffered from last year. The bill also absurdly required that elephant yards be “rototilled” daily and that “automated feeders” be implemented to mentally stimulate the elephants... There was little room to work with the bill in an attempt to modify/support it for upon correcting all that is wrong with it, we would simply be reiterating existing law. Due to its obvious negative impact on the entertainment industry, we worked to demand that the bill be heard by the arts and entertainment committee - an avenue that Mr. Levine was able to escape last year.

3/26/07 - IAWA worked with others to accomplish having the bill double referred to two committees for public hearings - Public Safety and Arts & Entertainment. On 3/26/07, Kari Johnson and Charlie Sammut joined Ringling Bros. lobbyists and attorneys in Sacramento for all day back to back meetings with Assembly persons and aids from both committees. Letters were sent in opposition from our attorney immediately. We coordinated the efforts of film commissions, tourism organizations, veterinary organizations and many others to oppose the bill. We were in the company of AZA, CAZA, Bush Gardens, Six Flags, Sea World and many many others but that didn’t stop the bill from getting way to far last year.

6-07 - The bill was held in Public Safety Committee without recommendation. In other words, it was stopped ~ for now ~ the way we understand it. It can be reintroduced in January if Mr. Levine jumps through several political hoops to do so but will have to travel its same path through the committees again after that. For that reason, we keep it in on our current affair page and continue to keep a close eye on it. It should be duly noted that while this bill was being fought, an identical bill was introduced in Connecticut (SB 2002) that IAWA channeled much time and effort towards helping defeat.

3/1/07 Calif. Assembly Bill 1614 - author: Assembly Member Audra Stricland

Mrs. Strickland is introducing a bill pertaining to rodeo but rather than list all that the bill says, we will sum it up by stating that the bill reiterates everything that is existing law except for one issue: the bill would revise the definition of the term “rodeo” from consisting of four or more events to three or more events.

We are not sure what impact that will have on who so we are currently not responding to this bill until we learn more about possible impacts. We only mention here because it is an animal related bill.

6/07 - referred to B,P, & Ed. Committee- hearing date 6/25/07

Passed - Introduced into Law with no impact on IAWA members.






		Assemblywoman Caballero riding IAWA President Charlie Sammut’s elephant into a “Save Salinas Libraries” fundraiser

3/1/07 Calif. Assembly Bill 1347 - author Assembly Member Anna Caballero (seen left riding IAWA president’s elephant into a fundraiser as Mayor of the city of Salinas)

Mrs. Caballero is new to the Assembly this year and represents the district that IAWA president, Charlie Sammut, is located. Her bill pertains to pet stores but we have been unable to locate the actual language of the bill so again, we’re not sure what, if any, impact it will have on anyone.

3/27/07 - Charlie Sammut met with Assemblywoman Caballero in person. This bill is still in limbo. Those who asked her to author it have not provided enough information to her to further the bill so it might be held to next year. We’ll keep an eye on it.

6/07 - AB1347 was re-referred to Commissions on Pub Safety and B,P& Ed. The hearing date was on 6/25/07. We’ll get you an update soon. Currently, we see little impact from this bill on any of our members.

Passed - Introduced into Law with little if any impact on IAWA members. Author did work with us to correct any negative impact that it might have had.


	Other issues IAWA is keeping a watchful eye on and the status of:


	Federal:


	Captie Primate Safety Act - H.R. 1329 - status: Executive comment Requested from Interior - Last action taken 3/23/05


	State:

	Iowa H.F.755 (formerly H.S.B.250) - banning possession, breeding, transport and release of certain wild animals - status: no action in 2006 - never got out of sub committee in 2005

	Kentucky Admin. Reg regarding trans. and holding of exotic wildlife (301KAR2:082) - No information found.

	Maryland H.B. 339 & S.B. 296 Wild Animals as Pets: Status: H.B.339 withdrawn and S.B.296 no action taken in 2005.

	North Carolina S.B.1032 : Private ownership of big cat, venomous snakes and primates bill - status: never got out of committee in 2005 - no action taken in 2006.

	Oregon H.B. 3046 and S.B. 661 - Poisonous of dangerous exotic animals - Status: H.B.3046. Last action taken on both in 8/05. No action taken in 2006

	Calif. AB647 - legalization of ferrets in California - As of 10/1 Failed

	Calif. AB734 - legalization of Kangaroo products in California - As of 10/1 Failed


	[Home] [What we are...] [Who we are] [Current Affairs] [Past Affairs] [Current Affairs] [How to Join] [Friends] [Bulletin Board]