BILL ANALYSIS AB 1634 Page 1 Date of Hearing: May 16, 2007 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mark Leno, Chair AB 1634 (Levine) - As Amended: May 9, 2007 Policy Committee: Business and Professions Vote: 7-3 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill requires all cats and dogs to be spayed or neutered, with specified exceptions, and establishes civil penalties for non-compliance. Specifically, this bill: 1)Requires that all cats and dogs over four months of age be spayed or neutered unless the owner obtains an annual permit from a local jurisdiction or animal control agency. 2)Subjects a cat or dog owner to a civil penalty of $500 for each animal in violation of (1), unless the owner provides a letter from a licensed veterinarian that it is unsafe to spay or neuter their animal and the animal will be spayed or neutered within 75 days of reaching four months of age. 3)Requires the local enforcement agency to issue a permit, and thus allow an owner to avoid spaying or neutering their cat or dog, if the owner meets any of the following conditions: a) Demonstrates they are licensed as a breeder within the local jurisdiction. b) Demonstrates that their cat or dog is a valid breed recognized by an approved registry or association and complies with at least one of the following: i) The animal has been shown or competed in at least one legitimate show or sporting competition hosted under the approval of a recognized registry within the last two years or is being trained to compete. AB 1634 Page 2 ii) The animal has earned, or is in process of earning, a conformation, obedience, agility, carting, herding, protection, rally, sporting, working, or other title from a purebred registry or association. c) Provides proof that the dog is being trained for, or has been trained as a guide dog, service dog, or signal dog, or for law enforcement or rescue activities. d) Provides a letter from a licensed veterinarian that it is unsafe to spay or neuter due to age, poor health, or illness. 4)Requires the amount of the permit fee to be determined by the local enforcement agency as necessary to administer the permit program. The fee must be waived for animals meeting the requirements of (3)(c) and authorizes waiving all or part of the fee for animals meeting the requirements of (3)(d). 5)Exempts a non-resident owner who brings their cat or dog into the state from the permit requirements if they provide proof that their animal is temporarily in California for training, showing, or any other legitimate reason. 6)Requires the local animal control agency to conduct outreach in connection with all of the above, and to the extent funding is available, to establish free and low-cost spaying and neutering programs for cats and dogs owned by low-income persons. 7)Requires revenue from civil penalties to be used for enforcement, administration, and program outreach, and authorizes local animal control agencies to establish the free and low-cost spaying and neutering programs. FISCAL EFFECT 1)Costs . No direct state costs and any costs to local governments would be nonreimbursable. Any additional costs to local agencies will be supported by existing local resources and by revenue from annual permits and from civil penalties. It is assumed that enforcement of the bill's provisions will be conducted by local animal control agencies in the course of performing their existing enforcement duties, and generally on AB 1634 Page 3 a complaint-driven basis. 2)Potential Savings . To the extent conformance with the bill's requirements reduces the number of cats and dogs impounded to animal shelters, local governments could realize operational savings. Supporters provided information from Santa Cruz County, which implemented a similar ordinance in 1995, showing that by 2003, intake of cats and dogs into county shelters declined by 60% and the number of euthanized animals declined by 75%. Supporters also estimate that shelter operating costs related to intake of cats and dogs totaled $250 million statewide in 2005. Thus, if a statewide spay/neuter requirement resulted in only a portion of the workload reduction reported for Santa Cruz County, there would still be significant statewide savings among local agencies. Given the assumed, complaint-driven enforcement of a spay/neuter requirement, however, it is likely that such results would take several years. In the short-term, these costs could even increase to the extent some people would surrender their animals to a shelter rather than pay for a spay/neuter procedure, which would somewhat increase shelter populations and related costs. 3)Potential State Mandate Savings . SB 1785 (Hayden)/Chapter 752 of 1998, increased, from three to six, the number of days that public and private animal shelters were required to keep animals before they are euthanized. State reimbursable costs for this mandate currently exceed $20 million annually. To the extent AB 1634 reduces shelter costs as described above, the state could realize a portion of the savings through reduced claims for this mandate. 4)Potential Economic Impacts . The American Kennel Club (AKC) indicates that, in 2006, about 160,000 competitors competed in 137 all-breed dog shows in California, including three of the ten largest in the country, and that another 130,000 competitors participate in events such as agility, obedience, and field trials. Some of these events, such as a large, national show held recently in Long Beach, attract many competitors from outside the state. Opponents assert that enactment of this bill would have a chilling effect on attendance at these shows and a resulting economic impact on the state. (The bill was recently amended to clarify that cats and dogs of out-of-state competitors at such shows would not be subject to the spay/neuter requirements.) The AKC notes AB 1634 Page 4 that, following enactment of an ordinance in Louisville, Kentucky in part requiring all unaltered dogs to be kept on four-foot leashes and increasing licensing fees for such dogs, entries at a recent large national show in Louisville declined about 20% from the prior year. Given the amount of economic activity related to these shows in California, a similar dampening effect stemming from enactment of AB 1634 would have a negative impact, at least in the short-term, on state and local revenues resulting from travel, hotel bookings, and other related expenditures, particularly those associated with out-of-state visitors. This impact cannot be quantified. On the other hand, with the expected method of enforcement of this bill, it is possible that such events could continue to go forward without any adverse impact on attendance. It is assumed that, by and large, other expenditures related to cat and dog ownership represent discretionary spending, and to the extent this bill, over the longer term, leads to any reduction in this particular activity, the economic impact would not be significant. COMMENTS 1)Purpose . According to the author's office, each year almost one million unwanted and abandoned cats and dogs are born in California. The author states that "legislation requiring spaying and neutering of cats and dogs is a reasonable, proven-effective and necessary means to greatly reduce the number of unwanted animals and the practice of euthanizing healthy adoptable animals." According to the Animal Population Control Study Commission, every dollar spent on spay and neuter surgeries saves taxpayers $18.72 in future animal control costs over a 10-year period. The author's office states that, "Spaying and neutering also results in significant public health and safety benefits, particularly in the reduction of dangers caused by roaming stray animals, the transmission of rabies and other communicable animal diseases and the occurrences of dog bites." This bill is cosponsored by the California Animal Control Directors Association, the California Veterinary Medical Association, Los Angeles Animal Services, Social Compassion in Legislation, and the State Human Association of California. 2)Existing Spay/Neuter Programs . In 1995, the County of Santa AB 1634 Page 5 Cruz implemented an ordinance requiring cats and dogs over six months old to be spayed or neutered unless an unaltered animal certificate is issued. This certificate is available to anyone meeting specified criteria, such as not having any animal-related convictions within a certain amount of time and providing a proper environment for the animal. The ordinance also requires these owners to furnish the director of animal control services with a statement agreeing to have only one litter per year unless expressly permitted by a veterinarian to have up to two litters a year (cats only). The ordinance also exempts from the certificate requirement service dogs, law enforcement dogs, herding dogs, rescue dogs or animals that can not be spayed or neutered due to health reasons. Many state and local municipalities have implemented publicly funded spay/neuter programs that include varying degrees of increased licensure fees with mandatory spaying and neutering of cats and dogs. New Hampshire implemented a statewide publicly funded spay and neuter program in 1994. Between 1994 and 2000, the state's eight largest shelters admitted 31,000 fewer dogs and cats than in the six years preceding the program--saving an estimated $2.2 million statewide. Over this time period, that state's euthanasia rate dropped 75%. New Hampshire's program targets cats and dogs living in low-income households. Almost all funding for the program comes from a small surcharge on dog licenses issued throughout the state and revenue from a specialty license plate. 3)Opposition . The American Kennel Club (AKC) believes the bill will put a damper on dog shows that attract out-of-state participants and contribute to the state's economy. For example, the AKC indicates that a national championship show held in Long Beach in 2006 drew 28,000 visitors from all 50 states and several foreign countries. This show is scheduled again in Long Beach for December 2007 and December 2008, though the Club claims passage of AB 1634 would make these events uncertain. The Club notes that three of the 10 largest shows in the country are held in California. The AKC also believes the permit fees would unfairly impact hobby breeders of dogs. Many opponents claim that it will promote the proliferation of "puppy mills," out-of-state or country breeders, and underground breeding. Landesverband DVG America, Inc., a working dog organization, states in opposition to this bill AB 1634 Page 6 that the provision allowing an intact permit for locally licensed breeders does not allow for California hobby breeders and others to be included. Landesverband states "Many, who have been breeding dogs in California, don't meet these criteria that are for USDA commercial dog breeders; i.e. those who sell to brokers and from there on to pet stores. Responsible breeders who carefully select homes for one or two litters a year don't have business licenses of this sort." Other opponents claim that current local mandatory spay and neutering programs have proven themselves ineffective. The Camino Real Siberian Husky Club wrote, "mandatory spay/neuter laws have been tried in multiple jurisdictions and have increased animal control costs, while decreasing licensing compliance?In King County, Washington, after passage of a mandatory spay/neuter ordinance in 1992, not only did the Animal Control budget increase?but euthanasia rates fell at a slower rate after the passage of the ordinance." The analysis of AB 1634 by the Assembly Committee on Business and Professions listed over 250 supporting organizations and over 300 opposing organizations. This committee received hundreds, if not thousands, of pieces of correspondence regarding this issue. 4)San Francisco Animal Control-Suggested Amendment . The Director of Animal Care and Control for the City and County of Sacramento, while understanding the importance of this bill for jurisdictions sheltering and euthanizing large numbers of dogs and cats, notes that different jurisdictions may face different types of dog and cat overpopulation problems. The director indicates that San Francisco generally does not face such problems, and has passed a local breed-specific spay/neuter ordinance to address a particular problem. The director suggests an amendment that would require locals to either implement the provisions of AB 1634 or create their own spay/neuter ordinance tailored to their specific needs. For example, a jurisdiction that is able to easily place dogs but is euthanizing many cats could enact a spay/neuter ordinance only applying to cats, or if the problem is with a specific breed, the ordinance could be directed at that breed. The sponsors strongly believe, however, that such an amendment would, to an unacceptable extent, preempt efforts for the more stringent statewide standards of AB 1634. AB 1634 Page 7 Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081