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SB-64 Dogs and cats: microchip implants.(2019-2020)

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Date Published: 09/07/2019 04:00 AM
SB64:v94#DOCUMENT

Enrolled  September 06, 2019
Passed  IN  Senate  September 04, 2019
Passed  IN  Assembly  September 03, 2019
Amended  IN  Assembly  August 30, 2019
Amended  IN  Assembly  August 20, 2019
Amended  IN  Assembly  June 17, 2019
Amended  IN  Senate  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 64

Introduced by Senator Chang
(Coauthors: Senators Galgiani and Wilk)
(Coauthors: Assembly Members Bauer-Kahan, Choi, Cristina Garcia, Kalra, and O’Donnell)

January 07, 2019

An act to add Sections 31108.3 and 31752.1 to the Food and Agricultural Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


SB 64, Chang. Dogs and cats: microchip implants.
Existing law requires that the holding period for a stray dog or cat impounded in a shelter be 6 business days, not including the day of impoundment, with exceptions, as provided. Existing law requires a shelter, during this holding period and before adoption or euthanasia, to scan the dog or cat for a microchip that identifies the owner of that dog or cat and to make reasonable efforts to contact the owner.
This bill would prohibit a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from releasing a dog or cat to an owner seeking to reclaim it, or adopting out, selling, or giving away a dog or cat to a new owner, unless the dog or cat is microchipped with current information on the owner or new owner. The bill would, if the shelter or rescue group does not have microchipping capability on location, require the shelter or rescue group to first obtain from the owner or new owner an agreement to present to the shelter or rescue group, within the next 30 days, proof that the dog or cat is microchipped with current information on the owner or new owner. The bill would authorize a shelter or rescue group to require proof that a dog or cat is microchipped with current information on the owner reclaiming the dog or cat, or new owner receiving the dog or cat, before releasing, adopting out, selling, or giving away the dog or cat. The bill would, where the shelter or rescue group does not have microchipping capability on location, provide that an owner or new owner is not required to register the microchip number with a microchip registry company that will use, without the owner’s or new owner’s consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog or cat. The bill would also include an exception for a dog or cat that is medically unfit for a microchipping procedure, as provided. Under the bill, a shelter or rescue group that violates these provisions on or after January 1, 2022, would be subject to a civil penalty of $100, subject to a specified exemption.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 31108.3 is added to the Food and Agricultural Code, to read:

31108.3.
 (a) (1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a dog to an owner seeking to reclaim it, or adopt out, sell, or give away a dog to a new owner, unless one of the following conditions is met:
(A) The dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable.
(B) If the shelter or rescue group does not have microchipping capability on location, the shelter or rescue group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement that requires the owner or new owner to present to the shelter or rescue group, within the next 30 days, proof that the dog is microchipped as described in subparagraph (A).
(2) A shelter or rescue group may require proof that the dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog before releasing, adopting out, selling, or giving away the dog, as applicable, pursuant to paragraph (1).
(3) For purposes of subparagraph (B) of paragraph (1) of this subdivision, an owner reclaiming the dog or new owner receiving the dog is not required to register the dog’s microchip number with a microchip registry company that will use, without the owner’s or new owner’s consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog.
(b)  Notwithstanding subdivision (a), this section does not require a dog to be microchipped if a licensed veterinarian certifies in writing that the dog is medically unfit for the microchipping procedure because the dog has a physical condition that would be substantially aggravated by the procedure.
(c)  (1) A shelter or rescue group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2) Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.
(3) A shelter or rescue group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).

SEC. 2.

 Section 31752.1 is added to the Food and Agricultural Code, to read:

31752.1.
 (a) (1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless one of the following conditions is met:
(A) The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable.
(B) If the shelter or rescue group does not have microchipping capability on location, the shelter or rescue group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the shelter or rescue group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A).
(2) A shelter or rescue group may require proof that the cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat before releasing, adopting out, selling, or giving away the cat, as applicable, pursuant to paragraph (1).
(3) For purposes of subparagraph (B) of paragraph (1) of this subdivision, an owner reclaiming the cat or new owner receiving the cat is not required to register the cat’s microchip number with a microchip registry company that will use, without the owner’s or new owner’s consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat.
(b) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure.
(c) (1) A shelter or rescue group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2) Section 9 does not apply to a violation of this section.
(3) A shelter or rescue group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).