BILL NUMBER: AB 1634	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 5, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN SENATE  JUNE 18, 2008
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN SENATE  JUNE 27, 2007
	AMENDED IN ASSEMBLY  MAY 31, 2007
	AMENDED IN ASSEMBLY  MAY 9, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007
	AMENDED IN ASSEMBLY  APRIL 17, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Levine
   (Principal coauthors: Senators Negrete McLeod and Padilla)
   (Coauthors: Assembly Members Nava and Solorio)

                        FEBRUARY 23, 2007

   An act to amend Sections 30804.7 and 31751.7 of, and to add
Sections 30804.8 and 31751.8 to, the Food and Agricultural Code,
relating to animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1634, as amended, Levine. Dogs and cats: nonspayed or
unneutered: civil penalties.
   Existing law regulates spay, neuter, and breeding programs for
animals. Existing law requires the owner of a nonspayed or unneutered
dog or cat that is impounded by a city or county animal control
agency or shelter, society for the prevention of cruelty to animals,
or humane society to be fined $35 on the first occurrence, $50 on the
2nd occurrence, and $100 for the 3rd or subsequent occurrence.
   This bill would increase the above fines for a nonspayed or
unneutered dog to $50 for the first occurrence, $100 for the 2nd
occurrence, and would require spaying or neutering of the dog at the
owner's expense on the 3rd occurrence. The bill would increase the
above fines for a nonspayed or unneutered cat to $50 on the first
occurrence and would require spaying or neutering of the cat at the
owner's expense on the 2nd occurrence.
   This bill would also provide that the owner of a nonspayed or
unneutered dog or cat that is the subject of a complaint to a local
animal control agency, as specified, may be cited and, if cited,
shall pay a civil penalty to the local animal control agency within
30 days. It would require a local animal control agency to waive the
civil penalty if, within 14 business days of the citation, the pet's
owner presents written proof from a licensed veterinarian that the
dog or cat was spayed or neutered.
   By increasing the enforcement responsibility of local agencies,
this bill would create a state-mandated local program. 
   Existing law, enacted in 1998, relating to animal control, imposed
certain state-mandated local programs.  
   This bill would prohibit the Controller from releasing a payment
to a local agency for costs arising under that 1998 law until the
local agency has complied with certain rabies control reporting
requirements. 
   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 30804.7 of the Food and Agricultural Code is
amended to read:
   30804.7.  (a) The owner of a nonspayed or unneutered dog that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined fifty dollars ($50) on the first occurrence and one
hundred dollars ($100) on the second occurrence. On the third
occurrence, the dog shall be spayed or neutered, with the owner
paying the cost of the procedure. These fines are for nonspayed or
unneutered impounded animals only, and are not in lieu of any fines
or impound fees imposed by any individual city, county, public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter.
   (b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a). The
fines shall be paid to the local municipality or public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter. Any funds collected under
this section shall be expended for the purpose of humane education,
programs for low-cost spaying and neutering of dogs, and any
additional costs incurred by the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group in the administration of the
requirements of this division.
   (c) This section applies to each county and cities within each
county, regardless of population.
   (d) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a dog that is spayed or neutered in accordance with this
section.
  SEC. 2.  Section 30804.8 is added to the Food and Agricultural
Code, to read:
   30804.8.  (a) The owner of a nonspayed or unneutered dog that is
the subject of a complaint may be cited and, if cited, shall pay a
civil penalty as provided in this section. This civil penalty shall
be in addition to any fine, fee, or penalty imposed under any other
provision of law or local ordinance.
   (b) At the time that the citation is issued, the local animal
control agency shall provide the owner of the dog with information
regarding the availability of spaying and neutering services.
   (c) The owner of the dog shall pay the civil penalty to the local
animal control agency within 30 business days of the citation. The
local animal control agency shall waive the civil penalty if, within
14 business days of the citation, the owner of the dog presents
written proof from a licensed veterinarian that the dog was spayed or
neutered.
   (d) The civil penalties shall be as follows:
   (1) On the first occurrence, fifty dollars ($50).
   (2) On the second occurrence for the same dog, one hundred dollars
($100).
   (3) On the third occurrence for the same dog, the spaying or
neutering of the dog by order of the local animal control agency,
with the owner paying the cost of the procedure.
   (e) As used in this section, the following terms apply:
   (1) "Complaint" means an oral or written complaint to a local
animal control agency that alleges that the dog or the owner of the
dog has violated this division, any other provision of state law that
relates to dogs, or a local animal control ordinance. "Complaint"
also means the observation by an employee or officer of a local
animal control agency of behavior by a dog or the owner of a dog that
violates this division, any other provision of state law that
relates to dogs, or a local animal control ordinance. "Complaint"
shall not include an allegation of excessive noise or barking.
   (2) "Local animal control agency" means any city or county animal
control agency or other entity responsible for enforcing
animal-related laws or local animal control ordinances.
   (3) "Spay" and "neuter" mean any procedure performed by a duly
licensed veterinarian that permanently sterilizes a dog and makes it
incapable of reproduction.
   (f) This section shall not preclude any city or county from
adopting a local ordinance that is more restrictive or imposes higher
civil penalties.
  SEC. 3.  Section 31751.7 of the Food and Agricultural Code is
amended to read:
   31751.7.  (a) The owner of a nonspayed or unneutered cat that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined fifty dollars ($50) on the first occurrence. On the
second occurrence, the cat shall be spayed or neutered, with the
owner paying the cost of the procedure. These fines are for nonspayed
or unneutered impounded animals only, and are not in lieu of any
fines or impound fees imposed by any individual city, county, public
animal control agency or shelter, society for the prevention of
cruelty to animals shelter, or humane society shelter.
   (b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a). The
fines shall be paid to the local municipality or public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter. Any funds collected under
this section shall be expended for the purpose of humane education,
programs for low-cost spaying and neutering of cats, and any
additional costs incurred by the animal shelter in the administration
of the requirements of this division.
   (c) Local ordinances concerning the adoption or placement
procedures of any public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group shall be at least as restrictive as this
division.
   (d) This section applies to each county and cities within each
county, regardless of population.
   (e) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a cat that is spayed or neutered in accordance with this
section.
  SEC. 4.  Section 31751.8 is added to the Food and Agricultural
Code, to read:
   31751.8.  (a) The owner of a nonspayed or unneutered cat that is
the subject of a complaint may be cited and, if cited, shall pay a
civil penalty as provided in this section. This civil penalty shall
be in addition to any fine, fee, or penalty imposed under any other
provision of law or local ordinance.
   (b) At the time that the citation is issued, the local animal
control agency shall provide the owner of the cat with information
regarding the availability of spaying and neutering services.
   (c) The owner of the cat shall pay the civil penalty to the local
animal control agency within 30 business days of the citation. The
local animal control agency shall waive the civil penalty if, within
14 business days of the citation, the owner of the cat presents
written proof from a licensed veterinarian that the cat was spayed or
neutered.
   (d) The civil penalties shall be as follows:
   (1) On the first occurrence, fifty dollars ($50).
   (2) On the second occurrence for the same cat, the spaying or
neutering of the cat by order of the local animal control agency,
with the owner paying the cost of the procedure.
   (e) As used in this section, the following terms apply:
   (1) "Complaint" means an oral or written complaint to a local
animal control agency that alleges that the cat or the owner of the
cat has violated this division, any other provision of state law that
relates to cats, or a local animal control ordinance. "Complaint"
also means the observation by an employee or officer of a local
animal control agency of behavior by a cat or the owner of a cat that
violates this division, any other provision of state law that
relates to cats, or a local animal control ordinance. "Complaint"
shall not include an allegation of excessive noise.
   (2) "Local animal control agency" means any city or county animal
control agency or other entity responsible for enforcing
animal-related laws or local animal control ordinances.
   (3) "Spay" and "neuter" mean any procedure performed by a licensed
veterinarian that permanently sterilizes a cat and makes it
incapable of reproduction.
   (f) This section shall not preclude any city or county from
adopting a local ordinance that is more restrictive or imposes higher
civil penalties. 
  SEC. 5.    The Controller shall not release a
payment, pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code, to a local agency to
reimburse the costs arising from Chapter 752 of the Statutes of 1998
until the Controller determines that the local agency has complied
with the requirements of paragraph (4) of subdivision (a) of Section
2606.4 of Title 17 of the California Code of Regulations.
   In making the determination required by this section, the
Controller may rely on information provided by the Department of
Public Health.
   Pursuant to Section 17612 of the Government Code, the Legislature
declares that this section modifies the reimbursement methodology for
paying claims arising from Chapter 752 of the Statutes of 1998, but
does not suspend that chapter. 
   SEC. 6.   SEC. 5.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B 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.