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Dax Foundation urges lawmakers to reject bill that would eliminate all local and municipal regulation of medical, veterinary, and a wide array of other businesses and professionals & give control to the state.
LOS ANGELES – June 17, 2008
Dear Foundation Supporters,
Every day I receive a handful of requests from really motivated, passionate individuals who seek the assistance of the Dax Foundation to help them advance their cause of making the world a better place for people and animals. We do our best to quickly analyze these proposals and get involved when we believe that the team has the ability to realize its vision and that their program will make a meaningful difference to many.
The Dax Foundation has no political agenda whatsoever. We do not endorse candidates nor do we take positions on either side of the fence…we simply believe in the power and the preciousness of the individual. A few days ago we were approached by a passionate woman who alerted us to a little bill that has been sailing through the California State Assembly and asked for our help. It is known as AB 2427.
The bill states the following:
The people of the State of California do enact as follows: Section 460 of the Business and Professions Code is amended to read: No city or county shall prohibit a person or group of persons, authorized by one of the agencies in the Department of Consumer Affairs by a license, certificate, or other such means to engage in a particular business, from engaging in that business, occupation, or profession or any portion thereof, or from engaging in any act or series of acts that fall within the statutory or regulatory definition of that business, occupation, or profession. Nothing in this section shall prohibit any city or county or city and county from levying a business license tax solely for revenue purposes nor any city or county from levying a license tax solely for the purpose of covering the cost of regulation.
Prima fasciae this seems like a reasonable rule…until one ponders its incredibly far-reaching and dangerous implications. AB 2427 will eliminate the ability for every single community in California to reflect and implement the will of their citizens in the form of local regulations, prohibitions, and ordinances. Today there are many thousands of such ordinances that enhance public safety, reduce pollution in sensitive areas, protect environmentally and ecologically challenged species, as well as limit leaf-blowing, construction hours of operation and practices, and restrict the location of certain businesses in areas that have been determined to be unsuitable by residents. The list goes on for days. This bill would invalidate thousands of these regulations that communities have implemented over the decades and centuries to reflect the values of its citizens. How can this be tolerated?
I asked a friend of mine in the City Government of Beverly Hills to share the city’s municipal ordinances with my staff. Upon cursory examination we uncovered dozens of local ordinances, regulations, and prohibitions that would be instantly invalidated once AB 2427 took effect. In 2006, the city of Los Angeles implemented a sweeping local ordinance mandating dogs be spayed and neutered in the name of public safety. This ordinance absolutely has the effect of restricting a Veterinarian’s options, and as such could be overturned by AB 2427. In 2003 the City of West Hollywood, with overwhelming support from the community enacted a Declaw ban for cats. They spent the next five years fighting the California Veterinary Medical Association (the sponsor of AB 2427) who sought to overturn the ban as an infringement against the right of their Veterinarian members to freely practice their trade. The City prevailed in court and under appeal, even to the California Supreme Court. This caught my interest and prompted me to take a closer look.
It seems as though the CVMA has a cozy relationship with the bill’s sponsor and apparently donated a large sum of money to Assemblyman Mike Eng’s political fund just a few weeks prior to the bills introduction. The CVMA lost fair and square in court, but decided they would continue their fight to have the ban overturned by sponsoring a nutty bill through the back door. If AB 2427 is passed it not only has the potential to subvert the will of the people of West Hollywood, it can in an instant invalidate hundreds of years of local community initiatives that truly reflect the will of millions of people.
I urge you to take a moment out of your day and learn more about this quickly moving train wreck that has the ability to wreak havoc across our state. The real impact of this misguided legislation will be chaos as local communities will be forced to eliminate ANY local regulations, prohibitions, or ordinances regulating ANY OF THE PROFESSIONAL ACTIVITIES of Accountants, Architects, Auto repairpersons, Cemetery operators, Contractors, Dentists, Doctors, Electrical/Appliance repairpersons, Optometrists, Pharmacists, Psychologists, Security personnel, and Veterinarians. That’s scary!
Dave Weisman
Executive Director
About The Dax Foundation
The Dax Foundation is a private, California-based non-profit, philanthropic organization that implements and supports innovative programs that help people around the world identify, pursue, and realize their dreams. The Foundation provides resources, support, and raises awareness for those individuals and groups whose vision includes making the world a better place for all people and animals. Sample projects currently supported by the Foundation include the Mayfair Foundation, a recreation and educational facility for severely disabled children, Over A Barrel, a rescue and treatment facility for abused and neglected animals, Organs R' Us, a program dedicated to raising awareness about the critical need for life-saving organ donation, Maui Cat, a humane program to reduce the pain and suffering of rampant feral cat populations, and other deserving programs around the world. For more information on the Dax Foundation, please visit www.daxfoundation.org.
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