March 13, 2008
To: Mr. Ross Fort Director of Constituent Relations Speaker Andy Dillon Michigan House of Representatives From: Al W. Stinson, D.V.M, M.S. Director of Legislative Affairs Michigan Association for Pure Bred Dogs Michigan Hunting Dog Federation
Thank you for allowing me to present our objections to Senate Bill 626. The bill would prohibit the dog clubs I represent from “holding, conducting or operating dog racing for the purpose of wagering or gambling.” Many of the activities sponsored by over 300 Michigan Dog Clubs, such as all- breed clubs, breed specialty clubs, performance clubs, sled dog racing, field or lure coursing for sight hounds, coon hound events, agility trials and fly ball races for all breeds, could be considered “dog racing.” Since awards and prizes are presented to the winners of the races, it falls within the category of wagering or gambling. SB 626 has two conflicting provisions: Sec. 1. (c) wagering or gambling does not include the payment of a purse, prize, or entry fee to the owner, manager, or trainer of a dog. This provision may prohibit prosecution under this act, if passed and signed into law, however, there is an additional provision. Sec. 5: “This act does not preclude prosecution under the Michigan penal code. MCL 750.1 to 750.560.” The language in the penal code does not make the awards and prizes a distinctive exclusion. There is a profound difference in the penalty between the two. I assume our members could be fined under the penal code penalty of $1,000 instead of SB 626 for $5,000. That may make a difference for the prosecution to decide which act to use to prosecute. Our membership is deeply concerned about the reasons why these significant restrictions and penalties should be made on a recreational activity that is not intended as gambling or wagering but clearly fits the definition in the penal code. In reality, it recognized the superior performance of their animal and their breeding and training programs. The awards are minor in a monetary sense but reflect great pride, recognition and personal accomplishment. It is difficult to understand why gambling and wagering are acceptable for state sponsored activities which are promoted as a source of revenue for the state treasury but similar activity should be penalized in the private sector. There are hundreds of dog events scheduled in Michigan - events that bring thousands of visitors to several hundred cities each year. Drummond Island is a site of sled dog races in mid-winter. The Marquette Kennel Club show brings hundreds of entries for their Labor Day weekend show – an important tourist event. The Detroit Kennel Club show in Cobo Hall brings nearly 2,000 entries for a two-day- show and demonstrations of many dog activities. Frankenmuth is becoming a popular site for national dog breed shows. The Borzoi Club of America will bring hundreds of dogs and their families to Michigan this summer. Dog racing for para mutual betting is not legal in Michigan (according to my understanding) and if it should become wise to initiate that form of gambling or wagering, then I assume the Michigan Legislature would make the appropriate decision and establish the necessary rules and regulations. Certainly the definitions and rules could be more clearly defined than in this superficial and undefined act! When SB 626 was considered by the Senate Commerce and Tourism Committee, the one person who testified in favor of the bill and the accompanying information for public use (SB 626 Information Sheet, SB 626 Selection of Relevant News Articles, and U.S Greyhound Racing Fact Sheet) was mainly devoted to the cruelty of racing greyhounds and the distribution and adoption of the dogs that did not succeed at competitive racing. I suggest this is the motivating justification for the bill as written. A similar bill in 1996 by the same author was rejected by the legislature at that time. The Legislative Analyst for SB 626 noted that: “There are no data to indicate how many offenders would be convicted of the proposed offense.” Should you not have some data to verify the need for the legislation in 2008? It is basically a “feel-good” bill to leave the impression that the legislature “feels” the concerns of the public about an issue (cruelty) but ignore the fact it will deprive the public of some of their freedoms to enjoy an innocent recreational relationship with their companion animal. The Humane Society of the United States (HSUS) and the People for Ethical Treatment of Animals (PeTA) are making a diligent effort to stop all dog racing activities and have pledged to do it through the democratic process of national, state and local laws. Since the HSUS has now employed a lobbying firm to represent their interests in Michigan , there are increased numbers of bills being introduced. The Michigan Hunting Dog Federation and Michigan Association for Pure Bred Dogs believe that these powerful and well financed “humane” organizations are following the objectives of a statement made by Wayne Pacelle, Chief Executive Officer, HSUS. “We have no ethical obligation to preserve the different breeds of livestock produced through selective breeding…one generation and out. We have no problems with the extinction of domestic animals. They are creations of human selective breeding. Judging from their national activities, these animal rights groups are actively seeking the destruction of Michigan ’s agricultural animal industry, the companion animal industry, and the traditional wildlife hunting industry. We sincerely hope that Michigan ’s Legislature will not succumb the their simplistic propaganda and their biased concept of the proper relationship of man and animals. Michigan citizens have had a long, traditional and productive relationship with domestic animals. They give us food, labor, clothing, protection, entertainment and through laboratory animals have made our lives healthier and longer. In return we have provided food, shelter, habitat and medical care. We believe that the mutual benefits of our interactions with domestic and forest creatures have been an important part of our continued relationships. This relationship has been important for centuries. Both animals and man have sacrificed their lives for the benefit of both. The relationship should be preserved for the mutual benefit. The Michigan Association for Pure Bred Dogs and Michigan Hunting Dog strongly urge the Policy Committee of the House to look carefully at the benefits and consequences of SB 626 and decline to move it forward. CC: Representative Barbara A. Farrah Senator Alan Cropsey |
| MAPBD MEMORANDUM SENATE BILL 626 |