BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1373| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 1373 Page 2 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 SB 1373 Page 3 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 SB 1373 Page 4 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 SB 1373 Page 5 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 SB 1373 Page 6 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 SB 1373 Page 7 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 **** END ****