BILL NUMBER: SB 250	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Florez

                        FEBRUARY 24, 2009

   An act to add Section 30804.6 to the Food and Agricultural Code,
relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 250, as introduced, Florez. Dogs and cats: spaying and
neutering.
   Existing law generally prohibits public pounds and private
shelters from selling or giving away any dog or cat that has not been
spayed or neutered; provides, under certain circumstances, for the
sale or giving away of a dog or cat that has not been spayed or
neutered upon the payment of a refundable deposit, as specified;
provides for the imposition of fines or civil penalties against the
owner of a nonspayed or unneutered dog or cat that is impounded by a
public pound or private shelter; and immunizes cities and counties,
societies for the prevention of cruelty to animals, and humane
societies from an action by the owner of a dog or cat for spaying or
neutering the dog or cat in accordance with the law. A violation of
any of these provisions is an infraction, punishable as specified.
   This bill would provide, in addition, that no person may own,
keep, or harbor an unaltered and unspayed dog, except as specified.
It would make it is unlawful for any person who owns, keeps, or
harbors any unspayed or unaltered cat 6 months of age or older to
allow or permit that unspayed or unaltered cat to remain outdoors. It
would require an owner or custodian of an unaltered cat to have the
animal spayed or neutered, or provide a certificate of sterility. It
would allow an unaltered dog license to be denied, revoked, and
reapplied for, as specified, and the licensing agency to utilize its
existing procedures for any appeal of a denial or revocation of an
unaltered dog license.
   This bill would require an owner or custodian who offers any
unaltered dog or cat for sale, trade, or adoption to meet specified
requirements. It would permit an administrative citation, infraction,
or other authorized penalty for a violation of certain provisions to
be imposed only if the owner or custodian is concurrently cited for
another violation under state or local law, as specified. It would
require, if an unaltered dog or cat is impounded pursuant to state or
local law, the owner or custodian to meet specified requirements,
including paying the costs of impoundment. It would require all
costs, fines, and fees collected under the bill to be paid to the
licensing agency for the purpose of defraying the cost of the
implementation and enforcement of the bill. By creating new crimes
and imposing new duties on local animal control agencies, this bill
would impose a state-mandated local program upon local governments.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 30804.6 is added to the Food and Agricultural
Code, to read:
   30804.6.  (a) (1) No person may own, keep, or harbor an unaltered
and unspayed dog in violation of this section.
   (2) An owner or custodian of an unaltered dog shall have the dog
spayed or neutered, provide a certificate of sterility, or obtain an
unaltered dog license in accordance with this section.
   (3) This subdivision shall not apply to a dog with a high
likelihood, due to age or infirmity, of suffering serious bodily harm
or death if spayed or neutered. The owner or custodian shall obtain
written confirmation of this fact from a veterinarian licensed in
this state. If the dog is able to be safely spayed or neutered at a
later date, that date shall be stated in the written confirmation. If
the date for spaying or neutering is more than 30 days, the owner or
custodian shall apply for an unaltered dog license.
   (b) (1) It is unlawful for any person who owns, keeps, or harbors
any unspayed or unaltered cat six months of age or older to allow or
permit that unspayed or unaltered cat to remain outdoors.
   (2) An owner or custodian of an unaltered cat shall have the
animal spayed or neutered, or provide a certificate of sterility.
   (3) This subdivision shall not apply to a cat with a high
likelihood, due to age or infirmity, of suffering serious bodily harm
or death if spayed or neutered. The owner or custodian shall obtain
written confirmation of this fact from a veterinarian licensed in
this state. If the cat is able to be safely spayed or neutered at a
later date, that date shall be stated in the written confirmation.
   (c) An unaltered dog license may be denied or revoked for one or
more of the following reasons:
   (1)  The owner, custodian, applicant or licensee is not in
compliance with all of the requirements of this section.
   (2) The licensing agency has received at least two complaints,
verified by the agency, that the owner, custodian, applicant, or
licensee has allowed a dog to be stray or run at large or has
otherwise been found to be neglectful of his or her or other animals.

   (3) The owner, custodian, applicant, or licensee has been
previously cited for violating a state law, or a city, county, or
other local governmental provision relating to the care and control
of animals.
   (4) The unaltered dog has been adjudicated by a court or an agency
of appropriate jurisdiction to be potentially dangerous, dangerous,
or vicious, or to be a nuisance within the meaning of the state or
local law.
   (5) Any unaltered dog license held by the applicant has been
revoked.
   (6) The license application is discovered to contain a material
misrepresentation or omission of fact.
   (d) When an unaltered dog license is denied, the applicant may
re-apply for a license upon changed circumstances and a showing that
the requirements of this section have been met. The licensing agency
shall refund one-half of the license fee when the application is
denied. The applicant shall pay the full fee upon reapplication.
   (e) When an unaltered dog license is revoked, the owner or
custodian of the dog may apply for a new license after a 30-day
waiting period upon showing that the requirements of this section
have been met. No part of an unaltered dog license fee is refundable
when a license is revoked and the applicant shall pay the full fee
upon reapplication.
   (f) The licensing agency shall utilize its existing procedures for
any appeal of a denial or revocation of an unaltered dog license.
   (g) An owner or custodian who offers any unaltered dog for sale,
trade, or adoption shall be required to include a valid unaltered dog
license number with the offer of sale, trade, or adoption, or shall
otherwise state and establish compliance with this section. The
unaltered dog's license number, and any microchip number for the dog,
shall appear on the document transferring ownership of the dog to
the new owner. License and microchip numbers must appear on a
document transferring the animal to the new owner.
   (h) An owner or custodian of an unaltered cat shall notify the
licensing agency of the name and address of the transferee within 10
days after the transfer. Any microchip number for the cat shall
appear on a document transferring ownership of the cat to the new
owner.
   (i) (1) An administrative citation, infraction, or other
authorized penalty may be imposed upon an owner or custodian of an
unaltered dog or cat for a violation of this section only if the
owner or custodian is concurrently cited for another violation under
state or local law pertaining to the obligations of a person owning
or possessing a dog or cat, including the following:
   (A) Failure to possess a current canine rabies vaccination of the
subject dog.
   (B) Permitting an owner's dog or cat to roam at large.
   (C) Failure to license a dog.
   (D) Leash law violations.
   (E) Kennel or cattery permit violations.
   (F) Tethering violations.
   (G) Maintaining a dog or cat in unhealthy or unsanitary
conditions.
   (H) Failure to provide adequate care for the subject dog or cat in
violation of cruelty to animal provisions.
   (I) Rabies quarantine violations for the subject dog.
   (J) Operating a business involving the subject dog or cat without
a license or state tax ID number.
   (K) Fighting dog activity in violation of Section 597.5 of the
Penal Code.
   (L) Unlawfully leaving animals unattended in motor vehicles.
   (M) Failure to take proper care of potentially dangerous,
dangerous, or vicious animals.
   (N) Failure to take proper care of noisy animals.
   (2) Any owner or custodian of an unaltered dog or cat who is found
to be subject to a penalty under paragraph (1) shall be required to
spay or neuter the unaltered animal in accordance with this section.
   (j) If an unaltered dog or cat is impounded pursuant to state or
local law, in addition to satisfying applicable requirements for the
release of the animal, including, but not limited to, payment of
impound fees pursuant to this section, the owner or custodian shall
also do one of the following:
   (1) Provide written proof of the dog's or cat's prior
sterilization, if conditions cannot or do not make this assessment
obvious to the licensing agency personnel.
   (2) Have the dog or cat spayed or neutered by a veterinarian
associated with the licensing agency at the expense of the owner or
custodian. That expense may include additional fees due to any
extraordinary care required.
   (3) Arrange to have the dog or cat spayed or neutered by another
veterinarian licensed in this state. The owner or custodian shall pay
to the licensing agency the cost to deliver the animal to the chosen
veterinarian. The cost to deliver the animal shall be based on the
licensing agency's hourly rate established by the Controller. The
veterinarian shall complete and return to the licensing agency within
10 days a statement confirming that the dog or cat has been spayed
or neutered or is, in fact, incapable of breeding and shall release
the dog or cat to the owner or custodian only after the spay or
neuter procedure is complete.
   (4) At the discretion of the licensing agency, the dog or cat may
be released to the owner or custodian if he or she signs a statement
under penalty of perjury, representing that the dog or cat will be
spayed or neutered and that he or she will submit a statement within
10 days of the release, signed by the veterinarian, confirming that
the dog or cat has been spayed or neutered or is incapable of
breeding.
   (5) Demonstrate that he or she is in compliance with this section.

   (k) (1) The owner or custodian of the unaltered dog or cat shall
be responsible for the costs of impoundment, which shall include
daily board costs, vaccination, medication, and any other diagnostic
or therapeutic applications as required by this section.
   (2) The costs of impoundment shall be a lien on the dog or cat,
and the unaltered animal shall not be returned to its owner or
custodian until the costs are paid.
   (3) If the owner or custodian of an impounded unaltered animal
does not pay the lien against it in full within 14 days, the animal
shall be deemed abandoned to the licensing agency in accordance with
this section.
   (l) All costs and fines collected under this section and the fees
collected under subdivision (k) shall be paid to the licensing agency
for the purpose of defraying the cost of the implementation and
enforcement of this section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.