SAMPLE LETTER

 

The Honorable Tom Torlakson (Chair)
Chair, Senate Appropriations Committee
California State Senate
State Capitol, Room 5050
Sacramento, CA 95814

 

Re: AB 2427 (Eng) Business and Professions -- OPPOSE

 

Dear Senator Torlakson:

 

AB 2427 (Eng) Business and Professions is scheduled to be heard in the California Senate Appropriations Committee. I am writing to express my opposition to AB 2427 and urge you to reject it.

 

AB2427 has negative ethical and legal implications. Specifically, it seeks to revoke the City of West Hollywood's 2003 animal welfare ordinance banning the declawing of animals. The City of West Hollywood strongly opposes AB2427.

 

The language of AB2427 not only reiterates the unsuccessful arguments of the previously rejected challenge which sought to overturn the ordinance, but proposes to expand it by restricting further arguments, thereby making section 460 unequivocal. In June 2007, the California Court of Appeal upheld the City's ordinance and further held that cities and counties have a certain amount of authority to regulate licensed professions and occupations in order to advance local values and interests (California Veterinary Medical Association v. City of West Hollywood, 152 Cal. App. 3d 536 [2007]). The CMVA appealed the decision to the California Supreme Court, but the high court declined to review the decision, which leaves standing the California Court of Appeal published decision and the City's ordinance intact.

 

AB2427 also has potentially broader over-reaching consequences beyond reversing the West Hollywood ordinance. The bill effectively amends Section 460 of the State's Business and Professions Code in a way that changes the well understood significance of that section: AB2427 would preempt local government authority from exercising its traditional authority to regulate incidentally businesses, occupations or professions licensed by the State.

 

Under current law, California Business & Professions Code§ 460 prohibits a local agency from imposing additional licensing requirements or qualifications on State-licensed professions and occupations; however, it does not prohibit local governments from incidentally regulating certain aspects of the manner in which professionals actually perform their business or profession.

 

AB 2427 would have the effect of precluding all local regulation of any aspect of the work of any State-licensed occupation, even if the purpose of the local legislation is different from the State's licensing goals. Passage of AB 2427 will create ambiguity in the law and spawn endless litigation between business and professions and local governments.

 

AB 2427 is an attempt by the California Veterinary Medical Association to overturn the California Court of Appeal's decision that upheld the City of West Hollywood's ordinance banning the declawing of animals. The Court of Appeals decision is very narrow and has limited application to regulating business and professions in local jurisdictions. The decision has no bearing whatsoever on other State-licensed professions or occupations, particularly where the State has made clear an intention to preempt local regulation. In its effort to overturn the court's narrow decision, the CVMA is proceeding with a bill that is an overly broad and far-reaching attempt to prevent local governments from legitimately regulating any State-licensed business and professional activities within its jurisdiction. I urge you to oppose AB 2427.

 

Respectfully,

 

[your name]

 

[your address]