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San Francisco recently joined a growing number of cities that think of their animal-owning population also as pet guardians. The first city to change its ordinance was Boulder, Colo., followed by Berkeley and West Hollywood in California; Sherwood, Ariz.; Amherst, Mass.; Menomonee Falls, Wis.; and the state of Rhode Island.

"Animals need to be regarded as more than the material property of an owner," Dr. Elliot Katz, president of In Defense of Animals, said in January 2003 after the San Francisco Board of Supervisors voted 8-3 in favor of the measure.

But city councils and state legislatures aren't rushing to adopt the new language. It took more than three years for San Francisco to make the change."

"There is an underlying goal here, and that is to attain standing at court," Dr. Flemming explained, while noting that animal rights groups have so far been unsuccessful in their attempts to sue for the interest of an animal.

"You have to do that outside the property laws," Dr. Flemming continued. "So if you can get the language changed from 'owner' to 'guardian,' then you've got a greater chance at getting one of these cases before a court and (arguing) that it's the interests of the animal that need to be protected, not the interest of the owner."

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Cruelty to animals, it is said, is often a precursor to graver crimes. So would there not be some usefulness to a registry of individuals convicted of felony animal abuse? Legislators in California want the Golden State to be the first to establish such a record — just as California was the first in the nation to create a registry of sex offenders

The goal of the registry, which would list crimes against both pets and farm animals, is to make it easier for shelters and animal-adoption groups to identify people who shouldn't be allowed access to animals. It would also be a boon to law enforcement because animal abuse, the bill's authors' say, often escalates to violence against people. Abuses covered in the bill would include the malicious and intentional maiming, mutilation, torture, wounding or killing of a living animal. It would also target pet hoarders and operators of animal-fighting rings (such as dog-baiting and cockfighting) who have felony convictions.

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"We think California is primed for this kind of a bill," says state senate majority leader Dean Florez, who introduced the bill in late February. "We've progressed to the point where we as a legislature are moving in a direction of this bill, which is ultimately, How do we in essence prevent repeat offenses when it comes to cruelty to animals in the state of California?" It is an issue that, Florez says, Californians care for deeply. About 60% of California residents own pets, he says; add in farm animals, and 80% of the population has some kind of ownership of animals.

The bill's biggest stumbling block may be the funding it would require. Created with the assistance of the Animal Legal Defense Fund, the bill would raise the approximately $500,000 to $1 million necessary for its launch through a 2- or 3-cent tax per pound of pet food, says Florez, a Democrat who is chairman of the Food and Agriculture Committee. He estimated that after it's launch, the project could cost between $300,000 to $400,000 a year to maintain. Yet even that relatively small amount has some organizations, including a national pet-product trade group and even the Humane Society, raising concerns. Jennifer Fearing, California senior state director and chief economist for the U.S. Humane Society, supports the measure's aims but worries about whether it can get passed. Says Fearing: "I would be shocked if this legislature is prepared to enact any tax this year, much less one levied on pet owners who are struggling to care for their animals, when many of them are dropping them off at shelters."

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There are several problems with our current and proposed laws especially when it comes to children. IF a registry is started, children will most likely be exempt. On top of that, it will be their parents who will be getting pets, not the children themselves. In which case the registry is moot. OTOH IF animal cruelty is made a felony and no registry is maintained, minors will often have their records expunged after reaching their majority.

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