Abstract
SB 1405 authorizes humane officers, at all places within California, "to interfere to prevent the perpetration of any act of cruelty upon any dumb animal" and specifically states that humane officers "shall have access to all places within the state, including ... any place where animals are maintained for commercial, educational, or scientific purposes, for the purpose of ensuring compliance with all applicable state and federal laws.'' Humane officers are private citizens recommended for the position by a humane organization. They are not government employees and yet they would have under SB 1405 greater powers than a policeman. They are authorized to issue citations, make arrests and enter private property at any time without a warrant or probable cause to snoop for potential violations.
The AFA views SB 1405 as a potential threat to California AFA members. The AFA has written a letter in opposition to SB 1405 and plans to appear and testify when the bill is heard. The bill has already passed the Senate and is now in the Assembly Judiciary Committee. AFA's opposition is based on the following arguments:
1. "Cruelty" is not defined anywhere in the law. Since opinions will differ about what constitutes cruelty, humane officers will be acting subjectively rather than under objective criteria.
2. Humane officers are not required to have any special training before they are appointed. It will be impossible for humane officers to intelligently pass judgment on avicultural practices since they vary so much from species to species and are undetermined in many species.
3. Humane organizations appear to have a built-in bias against keeping animals in captivity. It is likely that this bias will color a humane officer's judgment and he will believe something is cruel or inhumane where an average person would not think so.
4. Humane officers can easily abuse the power given to them. Because they are not accountable to the government or anyone else for their actions, there is nothing to stop them from harrassing an individual. Furthermore, it is easy to become a humane officer. If you cannot find a humane organization to recommend you, you can form your own humane organization and recommend yourself.
5. The power of humane officers to enter onto private property without notice, without a search warrant and without probable cause is an unconstitutional deprival of the individual's right to due process of law. Law enforcement officials do not have this power.
6. The presence of an unfamiliar person or an inspection at dusk may disturb the birds and cause them to abandon eggs or young in certain species.
If you live in California and your assemblyman is on the Assembly Judiciary Committee, it would be helpful if you wrote to your assemblyman and expressed your views. The assemblymen on the Assembly Judiciary Committee are Harris, Grisham, Connelly, Duffy, Felando, Johnston, Mojonnier, Robinson, Maxine Waters and Wyman. If you are going to write a letter, please do it by the middle of March. The AFA is not urging a general letter writing campaign to all assemblymen at this time. Should that become necessary, you will be notified of it through your club delegate. Please be ready and willing to write a letter if notified. If you want a copy of the bill or wish to send me a copy of your letter to your assemblyman, you can write me at 2604 Auburn Court, Bakersfield, California 93306 or call me at (805) 323-2841. •