BILL NUMBER: SB 250	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 21, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 24, 2009

   An act to add Sections 30804.6 and 31751.4 to the Food and
Agricultural Code, relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 250, as amended, 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 every dog owner shall
secure a license for the dog, as required by state or local law, and
that no person shall own, keep, or harbor, except as specified, an
unsterilized dog, as defined. It would make it unlawful for any
person who owns, keeps, or harbors any unsterilized cat, as defined,
6 months of age or older to allow or permit that cat to roam at
large. It would require any owner or custodian, as defined, of an
unsterilized dog to have the animal sterilized at 6 months of age,
 provide   obtain  a certificate of
sterility, or  , if provided by local ordinance,  obtain an
unaltered dog license. It would require an owner or custodian of an
unsterilized cat  who permits that cat to roam at large  to
have the cat sterilized or  provide  obtain
 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 or to
establish new procedures for any appeal of a denial or revocation of
an unaltered dog license.  The bill would authorize the licensing
agency to assess a fee for the procedures related to the issuance,
denial, or revocation of an unaltered dog license.
   This bill would require an owner or custodian who offers any
unsterilized dog or cat for sale, trade, or adoption to meet
specified requirements. It would permit any authorized penalty for a
violation of certain provisions relating to dogs to be imposed only
if the owner or custodian is concurrently cited for violation of one
or more of other specified provisions. 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. 

   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 30804.6 is added to the Food and Agricultural
Code, to read:
   30804.6.  (a) (1) Every dog owner shall secure a license for the
dog pursuant to Section 121690 of the Health and Safety Code or as
required by the local licensing agency.
   (2) No person shall own, keep, or harbor  an 
unsterilized dog in violation of this section.
   (3) An owner or custodian of an unsterilized dog shall have the
dog sterilized by the age of six months,  provide
 obtain  a certificate of sterility, or  , if provided
for by ordinance of the responsible city, county, or city and county,
 obtain an unaltered dog license in accordance with this
section.
   (4) 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 surgically sterilized. 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 sterilized at a later date,
that date shall be stated in the written confirmation. If the date
for sterilization in the written confirmation is more than 30 days
after the date that the owner or custodian receives that
confirmation, the owner or custodian shall apply for an unaltered dog
license  pursuant to any applicable city, city and county, or
county ordinance  . 
   (b) An unaltered dog license may be denied or revoked for one or
more of the following reasons:  
   (b) The licensing agency shall utilize its existing procedures or
may establish procedures for the denial or revocation of an unaltered
dog license and may deny or revoke a license 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 owner, custodian, applicant, or licensee has violated a
state law, or a city, county, or other local governmental provision
relating to the care and control of animals.
   (3) Any unaltered dog license held by the applicant has been
revoked for violating a state law, or a city, county, or other local
government provision relating to the care or control of animals.
   (4) The license application is discovered to contain a material
misrepresentation or omission of fact.
   (c) The licensing agency shall utilize its existing procedures or
may establish procedures for any appeal of a denial or revocation of
an unaltered dog license, which appeal procedure may include written
notice of the denial or revocation and a reasonable opportunity for
the owner or custodian to respond. 
   (d) The licensing agency may assess a fee for the procedures
related to the issuance, denial, or revocation of an unaltered dog
license consistent with this chapter.  
   (d) 
    (e)  An owner or custodian who offers any unsterilized
dog for sale, trade, or adoption at four months of age or older or
the age required by the licensing agency 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 existing
microchip number for the dog, shall appear on the document
transferring ownership of the dog to the new owner. 
   (e) 
    (f)  (1) Any authorized penalty may be imposed upon an
owner or custodian of an unlicensed, unaltered dog for a violation of
this section only if the owner or custodian is concurrently cited
for one or more of the following:
   (A) Permitting the subject dog to roam at large.
   (B) Failure to provide adequate care for the subject dog in
violation of animal cruelty provisions.
   (C) Rabies quarantine violations for the subject dog.
   (D) Fighting dog activity in violation of Section 597.5 of the
Penal Code.
   (E) Failure to comply with the local jurisdiction's requirements
for the keeping of a dog that has been adjudicated by a court or an
agency of appropriate jurisdiction to be potentially dangerous,
dangerous, or vicious.
   (F) Failure to possess an unaltered dog license.
   (2) Any owner or custodian of an unaltered dog who is found to be
subject to a penalty under paragraph (1) shall be required to
surgically sterilize the unaltered animal in accordance with this
section. The licensing agency  shall utilize its existing
procedures   may utilize procedures as they exist on the
effective date of this Section  for any appeal of this
requirement.
   (3) Any owner or custodian of an unaltered dog who is lawfully
using that dog for the pursuit or  take   taking
 of mammals pursuant to Section 265 of Title 14 of the
California Code of Regulations  or for the lawful pursuit or
taking of migratory game birds, game birds, ducks, and other
permitted water fowl  and has lawfully purchased a hunting
license as provided in Section 3031 of the Fish and Game Code
 is not   shall not be  in violation of
subparagraph (A) of paragraph (1).
   (4) At the time a citation is issued pursuant to paragraph (1) or
(2), the licensing agency may provide the owner or custodian
information as to the availability of sterilization services for free
or at a reduced cost.
   (f) If an unlicensed unaltered dog 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 prior sterilization, if
conditions cannot or do not make this assessment obvious to the
licensing agency personnel.
   (2) Have the dog surgically sterilized 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 surgically sterilized by another
veterinarian licensed in this state.
   (4) At the discretion of the licensing agency, the dog may be
released to the owner or custodian if he or she pays a refundable
deposit consistent with existing practices and procedures, or signs a
statement under penalty of perjury representing that the dog will be
surgically sterilized and that he or she will submit a statement by
the deadline set by the licensing agency, but in no case less than 10
days after the release, signed by the veterinarian, confirming that
the dog has been surgically sterilized or is incapable of breeding,
or confirming that the veterinarian has scheduled the operation
within a reasonable time.
   (g) The owner or custodian of the unaltered dog shall be
responsible for the established costs of impoundment, which shall
include daily board costs, vaccination, medication, and any other
diagnostic or therapeutic applications as required by this section.
The owner or custodian shall comply with any additional impoundment
procedures.
   (h) All costs and fines collected under this section and the fees
collected under subdivision (g) shall be paid to the licensing agency
for the purpose of defraying the cost of the implementation and
enforcement of this section.
   (i) Nothing in this section shall prohibit a local jurisdiction
from enforcing or enacting local measures that require the spaying or
neutering of all dogs, and this section shall not prohibit a local
jurisdiction from enacting or enforcing other local measures
pertaining to the obligations of a person owning or possessing a dog.

   (j) For the purposes of this section, the following terms have the
following meanings:
   (1) "Licensing agency" means the municipal city or county animal
control agency or other entity responsible for enforcing laws
relating to animals.
   (2) "Custodian" means any person who undertakes the personal care
and control of a dog, or any person who intentionally provides care,
security, or sustenance for a dog on the person's property for any
period exceeding 30 days. "Custodian" does not include a licensing
agency.
   (3) "Sterilize" means to permanently eliminate the ability of a
dog to reproduce by removing the sex organs or prohibiting
their functions   preventing them from functioning 
.
  SEC. 2.  Section 31751.4 is added to the Food and Agricultural
Code, to read:
   31751.4.  (a) (1) It is unlawful for any person who owns, keeps,
or harbors any unsterilized cat six months of age or older to allow
or permit that unsterilized cat to roam at large.
   (2) An owner or custodian of an unsterilized cat  who permits
that cat to roam at large  shall have the animal sterilized, or
 provide   obtain  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 sterilized. 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 sterilized at a later date, that date shall
be stated in the written confirmation.
   (b) An owner or custodian who offers any unsterilized cat for
sale, trade, or adoption shall notify the licensing agency, if the
jurisdiction requires the licensing of cats, of the name and address
of the transferee within 10 days after the transfer. Any existing
microchip number for the cat shall appear on a document transferring
ownership of the cat to the new owner.
   (c) If an unaltered 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 cat's prior sterilization, if
conditions cannot or do not make this assessment obvious to the
licensing agency personnel.
   (2) Have the cat surgically sterilized 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 cat surgically sterilized by another
veterinarian licensed in this state.
   (4) At the discretion of the licensing agency, the cat may be
released to the owner or custodian if he or she pays a refundable
deposit consistent with existing practices and procedures, or signs a
statement under penalty of perjury representing that the cat will be
surgically sterilized and that he or she will submit a statement by
the deadline set by the licensing agency, but in no case less than 10
days after the release, signed by the veterinarian, confirming that
the cat has been surgically sterilized or is incapable of breeding,
or confirming that the veterinarian has scheduled the operation
within a reasonable time.
   (d) The owner or custodian of the unaltered cat shall be
responsible for the established costs of impoundment, which shall
include daily board costs, vaccination, medication, and any other
diagnostic or therapeutic applications as required by this section.
The owner or custodian shall comply with any additional impoundment
procedures.
   (e) All costs and fines collected under this section and the fees
collected under subdivision (e) shall be paid to the licensing agency
for the purpose of defraying the cost of the implementation and
enforcement of this section.
   (f) Nothing in this section shall prohibit a local jurisdiction
from enforcing or enacting local measures that require the spaying or
neutering of all cats, and this section shall not prohibit a local
jurisdiction from enacting or enforcing other local measures
pertaining to the obligations of a person owning or possessing a cat.

   (g) For the purposes of this section, the following terms have the
following meanings:
   (1) "Custodian" means any person who undertakes the personal care
and control of a cat, or any person who intentionally provides care,
security, or sustenance for a cat on the person's property for any
period exceeding 30 days. "Custodian" does not include a licensing
agency.
   (2) "Licensing agency" means the municipal city or county animal
control agency or other entity responsible for enforcing laws
relating to animals.
   (3) "Sterilize" means to permanently eliminate the ability of a
cat to reproduce by removing the sex organs or  prohibiting
their functions   preventing them from functioning 
. 
  SEC. 3.    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. 
   SECTION 3.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.