BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                                 THIRD READING


          Bill No:  SB 1373
          Author:   O'Connell (D)
          Amended:  5/14/02
          Vote:     21

           
           SENATE BUSINESS & PROFESSIONS COMMITTEE  :  4-2, 4/22/02
          AYES:  Figueroa, Murray, O'Connell, Polanco
          NOES:  Johannessen, Morrow

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  19-15, 5/29/02
          AYES:  Alarcon, Alpert, Bowen, Burton, Chesbro, Escutia,  
            Figueroa, Karnette, Kuehl, Murray, O'Connell, Peace,  
            Perata, Polanco, Romero, Sher, Soto, Speier, Torlakson
          NOES:  Ackerman, Battin, Brulte, Dunn, Haynes, Johannessen,  
            Johnson, Knight, Margett, McClintock, McPherson,  
            Monteith, Morrow, Oller, Poochigian


           SUBJECT  :    Dogs and cats:  registration and microchipping

           SOURCE  :     Animal Legislative Action Network


           DIGEST  :    This bill requires breeder and pet dealers, as  
          defined, to register with the local animal control agency  
          for each sale of a dog or cat that is less than a year old,  
          to provide the registration number in their advertisements  
          for the sale of the dog or cat, and to ensure that the dog  
          or cat has been microchipped.  There are fines and  
          penalties for not complying with these requirements.   

                                                           CONTINUED





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           ANALYSIS  :    This bill:

          1. Prohibits a pet dealer or breeder, as defined, 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 local animal control agency.

          2. Defines "pet dealer" as any person engaging in the  
             business of selling dogs or cats, or both, at retail.

          3. Defines "breeder" as any person or organization that  
             sells dogs or cats that were bred and reared on the  
             premises.  

          4. Exempts from the definition of "breeder" publicly  
             operated pounds, humane societies, privately operated  
             rescue groups or organizations, or persons involved in  
             the rescue of dogs or cats.

          5. Requires the local animal control agency to issue, upon  
             payment of a registration fee, a registration number or  
             numbers to the pet dealer or breeder, and the agency to  
             then obtain their street address and telephone number  
             and the breed, sex, color and number of dogs or cats  
             offered for sale.

          6. Requires the pet dealer or breeder to display the  
             registration number in any advertisement, as defined,  
             for the sale of the dog or cat.

          7. Requires the pet dealer or breeder to ensure that the  
             dog or cat has been microchipped and the owner's  
             identification has been entered into a local registry  
             maintained by the local animal control agency or into a  
             national registry.

          8. Authorizes the animal control agency to charge a fee to  
             recover the cost of administering the registration  
             program and any excess revenues received may be used for  
             specified purposes, such as for programs to spay and  
             neuter dogs and cats or to encourage adoption of dogs  
             and cats.  

          9. Specifies civil penalties and fines, as well as  







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             prohibits the future selling of dogs or cats for failure  
             to register with the animal control agency or to meet  
             other requirements regarding the selling of dogs or  
             cats.

          10.Becomes operative January 1, 2004, however, provides  
             that a local agency may implement these provisions by  
             local ordinance at an earlier date.

           Comments  

          This measure is sponsored by the Animal Legislative Action  
          Network (ALAN).  The ALAN is a nationwide organization  
          dedicated to establishment of rights for animals through  
          participation in the political process.  According to the  
          sponsors, the bill is intended to address the pet  
          overpopulation problem.  It is intended that the  
          registration program and registration fee required for the  
          sale of a dog or cat by a breeder or pet dealer will allow  
          animal control to establish a database to track the source  
          of animals it receives.  Requiring the registration number  
          to be displayed when advertising for the sale of the animal  
          will allow animal control to determine who may be  
          legitimate and illegitimate sellers of animals.  The  
          mandatory microchipping requirement for breeders and pet  
          dealers will provide a permanent and supplementary  
          identification process so that animals can be tracked and  
          returned to their homes when possible.  This will help to  
          avoid taxpayer expense for the caring of these animals by  
          animal control and also avoid unnecessary destroying of  
          these animals.  Those who are in the business of caring and  
          rescuing these animals will be exempt from the requirements  
          of this bill.

           Prior legislation   

          SB 236 (O'Connell, 2001) was introduced by the author last  
          year and is similar to this bill.  It failed in Senate  
          Judiciary Committee.  The primary difference was that it  
          used the term "seller" rather than breeder or pet dealer,  
          it also required animal control to maintain records  
          regarding the number and type of dogs and cats sold and the  
          source of the dogs and cats.  The records would be open for  
          public inspection.  It also required the owner of the dog  







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          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.   

          AB 161 (Maddox, Chapter 35, Statutes of 2001) changed the  
          definition of "breeder" from a person, business or  
          organization that sells 50 or more dogs, to any individual  
          or organization that gives away all or part of three or  
          more litters or 20 or more dogs in the preceding 12 months.  
           As originally introduced, the definition included "two or  
          more liters."

          SB 769 (Figueroa, Chapter 377, Statutes of 2001) required  
          any person, business or organization that is selling or  
          training attack or guard dogs to get a permit from the  
          local animal control agency and required the microchipping  
          of the dog as well.  Allowed animal control to charge a fee  
          for implementing the permit program and provided for  
          specified penalties and fines.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  5/31/02)

          Animal Legislative Action Network (source)
          Service Employees International Union (SEIU)
          San Luis Obispo County Sheriff's Department
          Association of Veterinarians for Animal Rights
          Animal Defense League
          California Lobby for Animal Welfare
          Animal Emancipation, Inc.
          Animal Assistance League of Orange County
          Humane America Animal Foundation
          Last Chance for Animals
          Doris Day Animal League
          In Defense of Animals
          People for the Ethical Treatment of Animals
          Senior Citizens for Humane Legislation
          The Elephant Alliance
          Orange County People for Animals
          Animal Defense League
          Feral Cat Alliance
          EarthSave Los Angeles







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          Forgotten Animals of Los Angeles
          San Diego Animal Advocates
          Laguna Beach Feline Rescue
          Petaluma Pet Pals
          Connect A Pet Rescue
          Cat/Canine Assistance Referral and Education
          The Fund for Animals Inc.

           OPPOSITION  :    (Verified  5/31/02)

          The American Kennel Club
          American Dog Owners Association
          California Animal Care Coalition (6/6/02) - Representing  
          the California 
            Animal Control Directors' 
            Association, the California Veterinary Medical  
          Association, and the State 
            Humane Association of California
          National Pet Alliance
          California Animal Control Directors Association (6/5/02)
          League of California Cities (6/6/02)
          California State Association of Counties (6/6/02)
          Animal Issues Movement
          Associated Obedience Clubs of Northern California
          Sacramento Council of Dog Clubs
          Shasta Kennel Club
          Barbary Coast Samoyed Club
          Monterey Bay Dog Training Club, Inc.
          California Brittany Club
          San Francisco Dog Training Club, Inc.
          Northern California Dog Training Club
          Bay Area Boxer Rescue
          California Biomedical Research Association
          San Joaquin Dog Training Club
          The Lake County Kennel Club of Northern California
          The California Alliance for Consumer Protection
          Pet Lovers Protective League
          Contra Costa Humane Society
          Pet Industry Joint Advisory Council (PIJAC)
          The Cat Fanciers' Association, Inc.
          The Animal Council
          Antelope Valley Kennel Club, Inc.
          Redwood Empire Kennel Club
          California Federation of Dog Clubs







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          Santa Clara Valley Cat Fanciers
          Numerous individuals and specific breed associations and  
          clubs

           ARGUMENTS IN SUPPORT  :    Proponents believe this bill takes  
          an innovative approach to curbing the number of unwanted  
          cats and dogs in our state.  They believe that part of the  
          problem of pet overpopulation stems from irresponsible  
          breeders, who not only make money from animals they sell,  
          but they also incur expenses for animal control agencies  
          when they cannot find homes for those animals they cannot  
          sell.  This bill, they argue, would provide funding to  
          animal control agencies so that they can identify which  
          individuals are at the root of the dumping problem and  
          curtail "hobby breeders" who significantly contribute to  
          the pet overpopulation problem.  Supporters also believe  
          that requiring microchipping of these animals will  
          significantly help to reunite lost pets with their families  
          and help to alleviate the overcrowding in our shelters.

          According to the Animal Legislative Action Network, "There  
          are no costs associated with the bill to either local  
          government or the state.  The system is funded through  
          registration fees determined by and paid to local animal  
          control agencies."

           ARGUMENTS IN OPPOSITION  :    Opponents argue that requiring  
          a registration fee to be paid for the sale of each  
          individual dog and cat is in essence a "pet sales tax"  
          being imposed exclusively on those selling dogs and cats,  
          with no evidence of its need, nor any indication as to why  
          breeders and pet dealers should be subject to such a tax.

          Opponents state that (a) developing and implementing the  
          registration program and requirements will add additional  
          burdens to animal control agencies that are already  
          strapped with limited resources; (b) requiring every  
          individual to register, pay fees and microchip an animal  
          before they sell it is unrealistic; (c) the implication  
          that breeders and pet dealers are inordinately responsible  
          for the pet overpopulation is an incorrect assumption; and  
          (d) microchip identification is still not perfect and will  
          work only when all the components of the system are in  
          place, including proper insertion of the chip, enrollment  







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          and updating of owner information, proper scanning and a  
          round-the-clock recovery service.

          CP:jk  6/7/02   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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