Bill Text: CA SB702 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Dog licensing: microchip implants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB702 Detail]

Download: California-2011-SB702-Amended.html

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BILL NUMBER: SB 702	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2011
	AMENDED IN SENATE  MARCH 23, 2011

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

   An act to amend  Section 31253   Sections
30503, 30520, 31751.3, and 3176   0  of the Food and
Agricultural Code, relating to dog licensing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 702, as amended, Lieu.  Dog licensing: microchip implants.
   Existing law requires that dogs that attain the age of 4 months be
licensed and wear a collar to which an identification or license tag
is attached. A dog that is found running at large without the
identification tag or dog license tag may be seized and impounded by
any peace officer. Existing law requires the owner of the dog that
has been impounded to pay a fee to reclaim the dog.  Existing law
also prohibits any public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group from selling or giving away to a new owner
any dog or cat that has not been spayed or neutered.  A
violation of these provisions is either an infraction or a
misdemeanor, as specified.
   This bill would  additionally require an owner who seeks
to reclaim a dog that has been impounded to provide proof of a
current, valid license for the dog. The bill would also authorize the
entity that has custody of the dog to implant the dog with a
microchip identifying the owner of the dog or require the owner to
take that action within 30 days of reclaiming the dog  
prohibit any public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group from releasing to an owner seeking to reclaim his or
her dog or cat, or selling or giving away to a new owner, a dog or
cat that has not been microchipped, except under a specified
circumstance  . Because a violation of  this provision
  these provisions  would be a crime, the bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 30503 of the   Food
and Agricultural Code   is amended to read: 
   30503.  (a) (1) Except as otherwise provided in subdivision (b),
no public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away to a new owner any dog that has
not been spayed or neutered. 
   (2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her dog, or sell or
give away to a new owner, a dog that has not been microchipped. 

   (B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the dog does not have
microchipping available on the premises, that entity may release the
dog only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the dog was obtained that the dog has been microchipped. 

   (2) 
    (3)  For the purposes of this section a "rescue group"
is a for-profit or not-for-profit entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of dogs that have been removed from a public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, or humane shelter or that have been previously owned by any
person other than the original breeder of that dog.
   (b) (1) If a veterinarian licensed to practice veterinary medicine
in this state certifies that a dog is too sick or injured to be
spayed or neutered, or that it would otherwise be detrimental to the
health of the dog to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group a deposit of not less than forty dollars ($40), and
not more than seventy-five dollars ($75).
   (2) The entity shall establish the amount of the deposit at the
level it determines is necessary to encourage the spaying or
neutering of dogs.
   (3) The deposit shall be temporary, and shall only be retained
until the dog is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine
in this state.
   (4) The dog shall be spayed or neutered within 14 business days of
that certification.
   (5) The adopter or purchaser shall obtain written proof of spaying
or neutering from the veterinarian performing the operation.
   (6) If the adopter or purchaser presents proof of spaying or
neutering to the entity from which the dog was obtained within 30
business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
   (c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
   (d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
that are unclaimed after January 1, 2000, may be expended only for
programs to spay or neuter dogs and cats, including agreements with a
society for the prevention of cruelty to animals or a humane society
or licensed veterinarian to operate a program to spay or neuter dogs
and cats.
   (e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
   SEC. 2.    Section 30520 of the   Food and
Agricultural Code   is amended to read: 
   30520.  (a) This chapter only applies to a county that has a
population of less than 100,000 persons as of January 1, 2000, and to
cities within that county. A county whose population exceeds 100,000
persons in a year subsequent to January 1, 2000, shall be subject to
Chapter 1 (commencing with Section 30501) commencing on January 1 of
the year immediately following the year in which the population of
that county exceeds 100,000 persons.
   (b)  (1)    Except as otherwise provided in this
chapter, no public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away any dog that has not been
spayed or neutered. 
   (2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her dog, or sell or
give away to a new owner, a dog that has not been microchipped. 

   (B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the dog does not have
microchipping available on the premises, that entity may release the
dog only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the dog was obtained that the dog has been microchipped. 
   (c) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may not transfer to a new owner a dog that has not been
spayed or neutered, except as provided in subdivision (d).
   (d) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may transfer to a new owner a dog that has not been
spayed or neutered only if the animal shelter does both of the
following:
   (1) Requires a written agreement, executed by the recipient,
acknowledging the dog is not spayed or neutered and the recipient
agrees in writing to be responsible for ensuring the dog will be
spayed or neutered within 30 business days after the agreement is
signed.
   (2) Receives from the recipient a sterilization deposit of not
less than forty dollars ($40) and not more than seventy-five dollars
($75), the terms of which are part of the written agreement executed
by the recipient under this section.
   (e) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
   SEC. 3.    Section 31751.3 of the   Food and
Agricultural Code   is amended to read: 
   31751.3.  (a) (1) Except as otherwise provided in subdivision (b),
no public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away to a new owner any cat that has
not been spayed or neutered. 
   (2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her cat, or sell or
give away to a new owner, a cat that has not been microchipped. 

   (B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the cat does not have
microchipping available on the premises, that entity may release the
cat only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the cat was obtained that the cat has been microchipped. 

   (2) 
    (3)  For the purposes of this section, a "rescue group"
is a for-profit or not-for-profit entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of cats that have been removed from a public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, or humane shelter or that have been previously owned by any
person other than the original breeder of that cat.
   (b) (1) If a veterinarian licensed to practice veterinary medicine
in this state certifies that a cat is too sick or injured to be
spayed or neutered, or that it would otherwise be detrimental to the
health of the cat to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group a deposit of not less than forty dollars ($40), and
not more than seventy-five dollars ($75).
   (2) The entity shall establish the amount of the deposit at the
level it determines is necessary to encourage the spaying or
neutering of cats.
   (3) The deposit shall be temporary, and shall only be retained
until the cat is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine
in this state.
   (4) The cat shall be spayed or neutered within 14 business days of
that certification.
   (5) The adopter or purchaser shall obtain written proof of spaying
or neutering from the veterinarian performing the operation.
   (6) If the adopter or purchaser presents proof of spaying or
neutering to the entity from which the cat was obtained within 30
business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
   (c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
   (d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
unclaimed after January 1, 2000, may be expended only for programs to
spay or neuter cats and dogs, including agreements with a society
for the prevention of cruelty to animals or a humane society or
licensed veterinarian, to operate a program to spay or neuter cats
and dogs.
   (e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
   SEC. 4.    Section 31760 of the   Food and
Agricultural Code   is amended to read: 
   31760.  (a) This chapter only applies to a county that has a
population of less than 100,000 persons as of January 1, 2000, and to
cities within that county. A county whose population exceeds 100,000
persons in a year subsequent to January 1, 2000, shall be subject to
Chapter 1 (commencing with Section 31751) commencing on January 1 of
the year immediately following the year in which the population of
that county exceeds 100,000 persons.
   (b)  (1)    Except as otherwise provided in this
chapter, no public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away any cat that has not been
spayed or neutered. 
   (2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her cat, or sell or
give away to a new owner, a cat that has not been microchipped. 

   (B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the cat does not have
microchipping available on the premises, that entity may release the
cat only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the cat was obtained that the cat has been microchipped. 
   (c) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may not transfer to a new owner a cat that has not been
spayed or neutered, except as provided in subdivision (d).
   (d) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may transfer to a new owner a cat that has not been
spayed or neutered only if the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group does both of the following:
   (1) Requires a written agreement, executed by the recipient,
acknowledging the cat is not spayed or neutered and the recipient
agrees in writing to be responsible for ensuring the cat will be
spayed or neutered within 30 business days after the agreement is
signed.
   (2) Receives from the recipient a sterilization deposit of not
less than forty dollars ($40) and not more than seventy-five dollars
($75), the terms of which are part of the written agreement executed
by the recipient under this section.
   (e) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section. 
  SECTION 1.    Section 31253 of the Food and
Agricultural Code is amended to read:
   31253.  If a dog which has been impounded is claimed by the owner,
all of the following shall apply:
   (a) The fee for impounding and keeping the dog, as fixed by the
board of supervisors, shall be paid by the owner to the person,
organization, or association which has custody of the dog, to be
retained by him, her, or them. No charge for fees pertaining to the
dog shall be paid by the board of supervisors.
   (b) The owner shall provide proof of a current, valid license for
the dog.
   (c) One of the following shall occur:
   (1) The entity that has custody of the dog may, before releasing
the dog to the owner, implant that dog with a microchip that
identifies the owner of the dog. The owner shall pay the fee for the
implanted device, in addition to any other fee imposed for redeeming
the dog, except as otherwise expressly provided by the board of
supervisors.
   (2) The owner shall provide proof, within 30 days of the release
of the dog to the custody of the owner, that the dog has been
implanted with a microchip that identifies the owner of the dog.

   SEC. 2.   SEC. 5.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.