BILL NUMBER: SB 861	CHAPTERED
	BILL TEXT

	CHAPTER  668
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE SENATE  AUGUST 31, 2005
	PASSED THE ASSEMBLY  AUGUST 22, 2005
	AMENDED IN ASSEMBLY  AUGUST 15, 2005
	AMENDED IN ASSEMBLY  JULY 5, 2005
	AMENDED IN ASSEMBLY  JUNE 21, 2005
	AMENDED IN SENATE  APRIL 20, 2005

INTRODUCED BY   Senator Speier
   (Coauthor: Senator Torlakson)
   (Coauthor: Assembly Member Evans)

                        FEBRUARY 22, 2005

   An act to amend Section 31683 of the Food and Agricultural Code,
and to add Chapter 7 (commencing with Section 122330) to Part 6 of
Division 105 of the Health and Safety Code, relating to dogs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 861, Speier  Animals: dogs: spay, neuter, and breeding
programs.
   Existing law sets forth provisions relating to veterinary public
health and safety, as specified. Existing law also provides for or
regulates spay, neuter, and breeding programs for animals, as
specified.
   This bill would authorize local governments to enact dog
breed-specific ordinances pertaining only to mandatory spay or neuter
programs and breeding requirements, provided that no specific dog
breed, or mixed dog breed, shall be declared potentially dangerous or
vicious under those ordinances. This bill would require those
jurisdictions that do implement such programs to provide quarterly
statistical reports relating to dog bites to the State Public Health
Veterinarian, as specified. The bill would make conforming changes to
related provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31683 of the Food and Agricultural Code is
amended to read:
   31683.  Nothing in this chapter shall be construed to prevent a
city or county from adopting or enforcing its own program for the
control of potentially dangerous or vicious dogs that may incorporate
all, part, or none of this chapter, or that may punish a violation
of this chapter as a misdemeanor or may impose a more restrictive
program to control potentially dangerous or vicious dogs. Except as
provided in Section 122331 of the Health and Safety Code, no program
regulating any dog shall be specific as to breed.
  SEC. 2.  Chapter 7 (commencing with Section 122330) is added to
Part 6 of Division 105 of the Health and Safety Code, to read:
      CHAPTER 7.  SPAY/NEUTER AND BREEDING PROGRAMS FOR ANIMALS

   122330.  The Legislature finds and declares all of the following:

   (a) Uncontrolled and irresponsible breeding of animals contributes
to pet overpopulation, inhumane treatment of animals, mass
euthanasia at local shelters, and escalating costs for animal care
and control; this irresponsible breeding also contributes to the
production of defective animals that present a public safety risk.
   (b) Though no specific breed of dog is inherently dangerous or
vicious, the growing pet overpopulation and lack of regulation of
animal breeding practices necessitates a repeal of the ban on
breed-specific solutions and a more immediate alternative to existing
laws.
   (c) It is therefore the intent of the Legislature in enacting this
chapter to permit cities and counties to take appropriate action
aimed at eliminating uncontrolled and irresponsible breeding of
animals
   122331.  (a) Cities and counties may enact dog breed-specific
ordinances pertaining only to mandatory spay or neuter programs and
breeding requirements, provided that no specific dog breed, or mixed
dog breed, shall be declared potentially dangerous or vicious under
those ordinances.
   (b) Jurisdictions that implement programs described in subdivision
(a) shall measure the effect of those programs by compiling
statistical information on dog bites. The information shall, at a
minimum, identify dog bites by severity, the breed of the dog
involved, whether the dog was altered, and whether the breed of dog
was subject to a program established pursuant to subdivision (a).
These statistics shall be submitted quarterly to the State Public
Health Veterinarian.