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SB-702 Dog licensing: microchip implants.(2011-2012)

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SB702:v96#DOCUMENT

Enrolled  August 26, 2011
Passed  IN  Senate  May 31, 2011
Passed  IN  Assembly  August 25, 2011
Amended  IN  Senate  April 27, 2011
Amended  IN  Senate  March 23, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill
No. 702

Introduced  by  Senator Lieu

February 18, 2011

An act to amend Sections 30503, 30520, 31751.3, and 31760 of the Food and Agricultural Code, relating to dog licensing.


LEGISLATIVE COUNSEL'S DIGEST


SB 702, 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 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 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   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.
(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.
(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.

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.