SB 1373 Senate Bill - INTRODUCED

BILL NUMBER: SB 1373	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator O'Connell

                        FEBRUARY 7, 2002

   An act to add Sections 1730 and 1731 to the Civil Code, and to
amend Section 30502 of, and to add Section 30802.5 to, the Food and
Agricultural Code, relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1373, as introduced, O'Connell.  Dogs and cats: registration
and microchipping.
   Existing law provides for the regulation and licensure of dogs and
cats, as specified.
   This bill would enact civil provisions that would prohibit a
seller or breeder of a dog or cat from selling a dog or cat that is
less than one year old unless a registration fee for the sale has
been paid to the county, city, or city and county providing animal
control services.  The bill would authorize those local entities to
establish and impose a fine upon any seller or breeder who violates
this provision.  The bill would provide that the county, city, or
city and county may establish a fee for each registration. The fees
and fines imposed pursuant to these provisions would be used only for
specified purposes, including the costs of administering the bill's
provisions.  The bill would also require the registration fee receipt
number to be displayed in any advertisement for the sale of the dog
or cat.  The bill would require local officials to maintain records
regarding the number and type of dogs and cats sold pursuant to these
provisions.  The bill would require that these records be open to
public inspection, as specified.
   The bill would also require the seller of any dog or cat to ensure
that the dog or cat has been microchipped.
   The bill would also require local ordinances governing the
issuance of dog license tags to require the owner of a dog to notify
animal control when he or she transfers the dog to a new owner and to
provide contact information for the new owner of record.
   The bill would provide that a valid local ordinance that imposes
more restrictive requirements than these provisions would prevail
over these provisions.
   By imposing new duties on local officials, 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 1730 is added to the Civil Code, to read:
   1730.  (a)  No seller or breeder of a dog or cat may sell a dog or
cat less than one year old unless a registration fee for the sale
has been paid to the county, city, or city and county agency
providing animal control services.  A seller or breeder who violates
this subdivision is subject to a fine as provided in subdivision (e).

   (b) The registration fee receipt number issued by the local agency
pursuant to subdivision (a) shall be displayed in any advertisement
for the sale of the dog or cat.
   (c) The local agency shall obtain from the seller or breeder of a
dog or cat the age, sex, color, and breed of the dog or cat and the
street address and telephone number of the seller.
   (d) The county, city, or city and county may establish a fee for
each registration to sell a dog or cat that is less than one year
old.  It is the intent of the Legislature that the proceeds from this
fee be used to supplement, rather than supplant, existing funding
for the purposes described in subdivision (f).
   (e) The county, city, or city and county may establish and impose
a fine upon any seller or breeder who violates subdivision (a) of
this section.
   (f) The fees and fines imposed pursuant to this section may be
used only for the following purposes:
   (1) The costs of administering the provisions of this section.
   (2) A program to spay or neuter dogs or cats.
   (3) The safe and sanitary shelter of dogs and cats.
   (4) Programs to encourage the adoption of dogs and cats.
   (5) The costs of microchipping dogs and cats.
   (6) A public education program to prevent overpopulation of dogs
and cats.
   (g) The county clerk or the agency or entity providing animal
control services shall maintain records regarding the number and type
of dogs and cats sold and the source that sold the dogs and cats.
The records shall be open to public inspection.  The name and address
of the seller may not be open to public inspection.
   (h) Any agency or entity that provides animal control services to
any county, city, or city and county may enter into cooperative
agreements with each other in carrying out this section.
   (i) For the purposes of this section, the following terms have the
following meanings:
   (1) "Advertising" includes, but is not limited to, advertising in
newspapers, flyers, newsletters, magazines, periodicals, or other
publications, electronic media, Internet Web sites, oral offers, or
the display of a dog or cat.
   (2) "Seller" does not include nonprofit organizations, as defined
in Section 501(c)(3) of the Internal Revenue Code, animal rescue or
adoption organizations, shelters operated by societies for the
prevention of cruelty to animals, and humane shelters that contract
to perform public animal control services.
  SEC. 2.  Section 1731 is added to the Civil Code, to read:
   1731.  The seller of any dog or cat shall ensure that the dog or
cat has been microchipped and the owner's identification has been
entered into a local registry maintained by a county, city, or city
and county agency providing animal control services or into a
national registry.
  SEC. 3.  Section 30502 of the Food and Agricultural Code is amended
to read:
   30502.  Any dog license tag  which   that
 is issued by any city and county or city constitutes compliance
with this division if it is issued pursuant to an ordinance 
which   that  does all of the following:
   (a) Substantially complies with this division.
   (b) Provides for the wearing of the license tag upon the collar of
the dog.
   (c) Provides for the keeping of a record which shall establish the
identity of the person that owns or harbors the dog.  
   (d) Requires the owner of the dog to notify animal control when he
or she transfers the dog to a new owner and to provide contact
information for the new owner of record. 
  SEC. 4.  Section 30802.5 is added to the Food and Agricultural
Code, to read:
   30802.5.  Any dog license tag that is issued by any county
constitutes compliance with this division if it is issued pursuant to
an ordinance that requires the owner of the dog to notify animal
control when he or she transfers the dog to a new owner and to
provide contact information for the new owner of record.
  SEC. 5.  Any valid local ordinance that imposes more restrictive
requirements than the provisions of Sections 1730 and 1731 of the
Civil Code and Sections 30502 and 20802.5 of the Food and
Agricultural Code shall prevail over these sections.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.