Today's Law As Amended


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



As Amends the Law Today


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).