BILL ANALYSIS SENATE LOCAL GOVERNMENT COMMITTEE Senator Patricia Wiggins, Chair BILL NO: SB 250 HEARING: 4/15/09 AUTHOR: Florez FISCAL: Yes VERSION: 4/2/09 CONSULTANT: Detwiler DOGS AND CATS Background and Existing Law Officials regulate dogs and cats under several state laws and local ordinances. For 2006-07, cities reported spending $131.6 million on animal control services; counties reported spending $117.5 million on their pounds. The Legislature has declared that the overpopulation of dogs and cats is "a problem of great public concern," noting that overpopulation causes public health problems, affects local animal control departments, and results in euthanizing too many cats and dogs (AB 1856, Vincent, 1998). Local animal shelters must care for stray and impounded dogs and cats for six days before euthanizing them (SB 1785, Hayden, 1998). In 2007-08, local governments estimated that it would cost about $17.4 million to comply with this state mandated local program. State law requires owners to vaccinate their dogs against rabies once the dogs are four months old. Dogs younger than four months must be confined or kept under physical restraint. Most cities and counties require owners to buy dog licenses. State law requires local officials to discount dog and cat licenses by at least half if the animal has been spayed or neutered. State law requires animal control agencies and shelters to spay or neuter the dogs and cats that they sell or give away. For dogs and cats that are injured or too sick to be spayed or neutered, state law requires the adopter to agree to have the animal sterilized at a later date and pay a sterilization deposit. State law requires fines for the owners of nonspayed or unneutered dogs and cats that are impounded: First occurrence: $35. Second occurrence: $50. SB 250 -- 4/2/09 -- Page 2 Third and subsequent occurrences: $100. The funds must be spent for "humane education," spaying and neutering, and administrative costs (AB 1856, Vincent, 1998; SB 1301, Vincent, 2004). Some cities and counties have ordinances that require owners to spay or neuter their cats and dogs. State law allows cities and counties to adopt programs to control dangerous dogs that are more restrictive than state law, but these local ordinances can't be breed-specific (SB 428, Torres, 1989). However, local officials can adopt breed-specific ordinances for their mandatory spay or neuter programs and breeding requirements (SB 861, Speier, 2005). Despite these restrictions and despite the availability of low-cost spay and neuter services, some legislators say that the state government should do more to reduce the overpopulation of dogs and cats. Proposed Law Senate Bill 250 increases the state restrictions that apply to dogs and cats and their owners. I. Dogs . SB 250: Requires dog owners to secure a dog license under the state rabies vaccination law, or as required by the local licensing agency. Prohibits owning, keeping, or harboring an unaltered and unspayed dog in violation of the bill's requirements. Requires the owner or custodian of an unaltered dog that is six months old or older to: o Have the dog spayed or neutered, or o Provide a certificate of sterility, or o Obtain an unaltered dog license. These requirements do not apply to a dog with a high likelihood of serious bodily harm or death if spayed or neutered. The dog's owner or custodian must obtain a licensed veterinarian's written confirmation. If the dog can be spayed or neutered at a later late, that date must be stated in the veterinarian's confirmation. If the delayed date is more than 30 days, the owner or custodian SB 250 -- 4/2/09 -- Page 3 must apply for an unaltered dog license. The bill allows local officials to deny or revoke an unaltered dog license if: The owner, custodian, applicant, or licensee does not comply with the new law. The licensing agency has issued one verified citation that the owner, custodian, applicant, or licensee has allowed the dog to be stray or run at large, or has otherwise been neglectful of animals. The owner, custodian, applicant, or licensee has been previously cited regarding the care and control of animals. A court has found the dog to be potentially dangerous, dangerous, or vicious, or to be a nuisance. Any unaltered dog license held by the applicant has been revoked. The application contains a material misrepresentation or omission. The licensing agency must use its existing procedures for any appeal of a denial or revocation of an unaltered dog license. SB 250 requires the owner or custodian of an unaltered dog that is four months old or younger that is offered for sale, trade, or adoption to include a valid unaltered dog license number, or comply with the bill's requirements. The document transferring the dog's ownership must include the unaltered dog's license number and any existing microchip number. II. Cats . Under SB 250, it is unlawful for anyone who owns, keeps, or harbors an unspayed or unaltered cat older than six months to allow that cat to remain outdoors. The owner of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility. These requirements do not apply to a cat with a high likelihood of serious bodily harm or death if spayed or neutered. The cat's owner or custodian must obtain a licensed veterinarian's written confirmation. If the cat can be spayed or neutered at a later date, that date must be stated in the veterinarian's confirmation. If a licensing agency requires cat licenses, the bill SB 250 -- 4/2/09 -- Page 4 requires the owner or custodian of an unaltered cat who offers the cat for sale, trade, or adoption to notify the licensing agency of the transferee's name and address within 10 days after the transfer. The document transferring the cat's ownership must include any existing microchip number. III. Dogs and Cats . The owner or custodian of an unaltered dog or cat is subject to an administrative citation, infraction, or penalty for violating the bill's requirements only if the owner or custodian is concurrently cited for violating another state or local law regarding dog or cat possession, including: Failure to have a current rabies vaccination of the subject dog. Permitting the subject dog or cat to roam at large. Failure to license the subject dog. Leash license violations. Kennel or cattery permit violations. Tethering violations. Maintaining a dog or cat in unhealthy or unsanitary conditions. Failure to provide adequate care for the subject dog or cat. Violating the subject dog's quarantine for rabies. Operating a business involving the subject dog or cat without a license or a state tax ID number. Criminal dog fighting activity. Unlawfully leaving animals unattended in a motor vehicle. Failure to comply with local requirements for keeping a dog that was found to be potentially dangerous, dangerous, or vicious. SB 250 requires the owner or custodian of an unaltered dog or cat who is subject to penalty because of one of these violations to spay or neuter the animal. The licensing agency must use its existing procedures for any appeals. When a licensing agency issues a citation for these violations, the agency must give the animal's owner or custodian information about free or low-cost spaying or neutering services. SB 250 -- 4/2/09 -- Page 5 SB 250 requires the owner or custodian of an impounded, unlicensed, and unaltered dog or cat to: Provide written proof of the animal's sterilization. Have the animal spayed or neutered by a veterinarian associated with the licensing agency, at the owner or custodian's expense. Have the animal spayed or neutered by another veterinarian. At the licensing agency's discretion, pay a refundable deposit or sign a statement under penalty of perjury that: o The animal will be spayed or neutered, and o The owner or custodian will submit a veterinarian's certificate within 10 days confirming that: The animal has been spayed or neutered, or is incapable of breeding or That the spaying or neutering has been scheduled. Demonstrate that the person complies with the bill's requirements. SB 250 makes the owner or custodian of an unaltered dog or cat responsible for impoundment costs. These costs are a lien against the dog or cat and the bill prohibits the animal's return to the owner or custodian until the costs are paid or payment arrangements have been made. If the owner or custodian doesn't pay the lien or make the payments, the bill declares the animal to be abandoned to the licensing agency. IV. General Provisions . SB 250 directs the resulting costs and fines, including the impoundment fees, to the licensing agency to defray its implementation and enforcement costs. The bill declares that the new law does not prohibit a local jurisdiction from enacting or enforcing local measures: That require spaying or neutering of all dogs and cats. Regarding the obligations of people who own or SB 250 -- 4/2/09 -- Page 6 possess dogs or cats. SB 250 also defines "licensing agency" and "custodian" for the purpose of the new law. Comments 1. Taking responsibility . Tackling the problems caused by dog and cat overpopulation requires the combined efforts of animal owners, pet breeders, veterinarians, private organizations, local officials, and state leaders. Many owners and breeders already control the number and sizes of their animals' litters. Many veterinarians contribute their services to free and low-cost spay and neuter programs. Private organizations actively educate the public about overpopulation problems and solutions. Local officials have adopted tough ordinances to curb dog and cat overpopulation. Yet despite these efforts and some successes, California still endures the problems caused by overpopulation. But not all animal owners are responsible. Uncontrolled litters result in inappropriate cross-breeding, feral cats, and unwanted dogs. Those who fail to take personal responsibility for their animals create expensive problems for all taxpayers. SB 250 confronts the problem of dog and cat overpopulation by imposing strict consequences on the owners of unaltered dogs and cats that get into trouble. Those who violate the new requirements will have to change their ways or spay or neuter their animals. 2. Personal responsibility, public regulation . As the lists of the bill's supporters and opponents shows, owning and caring for dogs and cats is deeply emotional for many people. Although most animal owners acknowledge the public health and public finance problems caused by dog and cat overpopulation, they oppose government requirements for spaying or neutering animals. While there is support for altering abandoned animals that will be released from public animal shelters, many oppose the mandatory spaying and neutering of owned animals. Some owners resent even the existing state and local limits on how they treat their animals, believing that these decisions are best left to the owners themselves. Responsible owners and breeders want what's best for their dogs and cats. The Committee SB 250 -- 4/2/09 -- Page 7 may wish to consider whether the mandatory spay and neuter requirements in SB 250 go too far. 3. Three big problems . The 1989 Vincent bill identified three public policy problems that result from uncontrolled dog and cat overpopulation: public health, public costs, and unnecessary euthanization. The Legislature declared that the most effective solution is spaying and neutering. Some cities and counties already have mandatory spay and neuter ordinances. The Committee may wish to consider whether the restrictions in SB 250 will reduce the number of unwanted dogs and cats. The Committee may wish to consider other, nonregulatory approaches. For example, the Legislative Analyst has recommended that the Legislature repeal the longer shelter holding period mandated by the 1998 Hayden bill. Instead, "the Legislature could pilot an incentive program that gives funding to those shelters that increase the number of animals successfully adopted." The LAO noted that "the state could give local government shelters $30 for every dog or cat adopted for a total annual cost of about $12 million." That price-tag is less than the cost of paying for the Hayden holding period mandate. 4. Legislative history . In June 2008, the Senate Local Government Committee voted 3-2 to pass AB 1634 (Levine) which imposed civil penalties on the owners of unspayed or unneutered dogs or cats. The Levine bill failed on the Senate Floor by the vote of 5-27. 5. Technically speaking . The state has regulated the behavior of dogs, cats, and their owners for decades, resulting in two separate divisions of the Food and Agriculture Code --- Division 14 for dogs and Division 14.5 for cats. Some parts of the new law created by SB 250 apply to dogs, some parts apply to cats, and some parts apply to both dogs and cats. Nevertheless, the bill places the new law entirely within the statutory division that applies to dogs. To avoid misunderstanding, the Committee should adopt technical amendments that move the provisions of SB 250 that apply to cats to the statutory division that regulates cats. Subdivisions (b) and (f) belong in Division 14.5, as do the references to cats in subdivisions (g), (h), (i), (j), (k), and (l). SB 250 -- 4/2/09 -- Page 8 Support and Opposition (4/9/09) It is the Committee staff's custom to prepare lists of a bill's supporters and opponents by asking the bill's author for that information. The Committee's staff supplements the information that the author provides with the letters that the Committee has received. These lists report the information that was available on Thursday morning, April 9. Support : Letters and petitions from more than 1,000 people A Dogs Life Rescue A New Hope Animal Foundation (Auburn) A New Hope Animal Foundation (Loomis) A Passion for Paws Rescue, Inc - La Jolla AAA Animal Control AdoptAPet.com All Creatures Animal Caring Society Alpha Canine Sanctuary American Tortoise Rescue Animal Alliance Animal Birth Control Assistance Animal Care Center of Indio Animal Helpline Animal Medical Hospital Animal Protection Rescue League Animal Samaritan Inc. Animal Shelter Relief Rescue Animal Welfare Services for Atwater Village Antioch Animal Services Volunteer At the Very Leash Basset Hound Rescue Bay Area Bird Hospital Benevolent Animal Rescue Committee, Inc. Beth Shaw Rentals Beverly Hills Police Department Bichon FurKids Rescue (Dana Point) Bichon FurKids Rescue (El Cajon) Bichon FurKids Rescue (Foothill Ranch) Bichon FurKids Rescue (Huntington Beach) Bichon FurKids Rescue (Menifee) Bichon FurKids Rescue (Mission Viejo) SB 250 -- 4/2/09 -- Page 9 Bichon FurKids Rescue (San Diego) Bichon FurKids Rescue (Yorba Linda) Bob Barker Canine Canyon Ranch Capitola Police Department Cat Cause Foundation Cats at the Studio Cats In Need Central California SPCA Central Valley Seekers City of Desert Hot Springs Animal Shelter City of Encinitas Mayor Maggie Houlihan City of Fresno City of Hawthorne Animal Shelter City of Hayward Shelter Volunteers City of Huntington Beach Mayor Keith Bohr City of Lathrop City of Santa Rosa Councilmember Veronica Jacobi City of Stockton City of Vallejo City of Vallejo Councilmember Stephanie Gomes City of West Hollywood Coachella Valley Society for the Prevention of Cruelty to Animals Community Concern For Cats (Contra Costa County) Community Concern for Cats (Pittsburg) Compassion For Animals County of Kern County of Lake Department of Animal Care & Control County of Placer Delta Paws Animal Rescue DJ&T Foundation Dog Land - Manhattan Beach East Bay Animal Advocates Family and Furry Friends Rescue Feral Cat Coalition Foundation for the Care of Indigent Animals Friends of Madera Animal Shelter Furry Friends Rescue (Elk Grove) Furry Friends Rescue (Fremont) Genesis Digital Art Studios Girly Things Boutique in Manhattan Beach Happy Critters Guinea Pig Rescue Hayward Animal Shelter Healthy Habits Studio SB 250 -- 4/2/09 -- Page 10 Helping Out Pets Everyday (Montclair) Helping Out Pets Everyday (Upland) Hemet City Animal Control Hermosa Beach Animal Control Hits Home at Last Animal Rescue (Berkeley) Home at Last Animal Rescue (Corte Madera) HOPE Animal Foundation Husky Haven of Los Angeles IAG Coffee Franchise, LLC In Defense of Animals Ingram Micro, Inc. It's The Grind Coffee House It's The Pits Rescue Karma Rescue - Los Angeles LA YOGA Ayurveda and Health Magazine Laguna Beach Feline Rescue Lake Balboa Neighborhood Council Last Chance for Animals Lawndale City Animal Control League of Humane Voters California Chapter Living Free Animal Sanctuary Loving All Animals, Inc. Mickaboo Companion Bird Rescue Muttville Nitta Erosion Control NorCal Boxer Rescue North Bay Animal Advocates North Coast Animal Welfare Advocacy Center North Start Pet Assistance OCPoundhounds Small Breed Rescue Pacific Yoga and Ayurveda PACT, Inc. Pallas Investment Partners Palm Desert Animal Control Palms N Paws Paw Parent People for the Ethical Treatment of Animals Pet Rescue Center Pet Sitters I.N.C. Pet Welfare Proposition Photo Research Pilates Fit Studio Poinsie Pets Animal Rescue Producers Guild of America SB 250 -- 4/2/09 -- Page 11 PURRfect Partners Cat Adoptions Ramona Animal Shelter Re/Max Elite Team Redlands Animal Shelter Redondo Beach Animal Control RESQCATS Inc. ResQPet Richmond Police Department Safe Cat Foundation SamsonPR San Bernardino Valley Humane Society San Diego Animal Support Foundation San Diego House Rabbit Society Santa Cruz County Animal Services Authority Santa Cruz SPCA Save A Dog Today Scooter's Pals Seal Beach Animal Care Center Seaside Realty Second Chance Animal Rescue (San Diego) Second Chance Animal Rescue (Woodstock) Senior Citizens For Humane Legislation and Education Sequoia Humane Society Shelter Animal Advocacy Fund Soaring, LLC Social Compassion In Legislation South Bay Animal Shelter South County Animal Shelter Coalition Southern California Golden Retriever Rescue Southland Collie Rescue Southwest Homes and Land Turtle and Tortoise & Animal Rescue Stockton Animal Shelter Stockton Police Department Strangebird Art Support Alliance for Stray Animals Tails of the City Animal Rescue Take Me Home Rescue The Catherine Fund The Pet Care Foundation The Pet Rescue Center The Uncommon Canine, Inc. Torrance Animal Control UCLA People Animal Connection United Action for Animals SB 250 -- 4/2/09 -- Page 12 United Activists for Animal Rights VCA Desert Animal Hospital Village Cat Club of Laguna Woods Voice for the Animals Foundation Water Music Records Western University Veterinarians for Spay and Neuter WildCare Windansea Law Wuffington Wag YogaFit Inc. Yucaipa Valley Animal Placement Opposition : Letters and petitions from more than 1,000 people Akita Club of America, Inc. Alaskan Malamute Club of America Alameda County Schutzhund & Police K-9 Club Alley Cat Allies American Belgian Tervuren Club, Inc. American Brittany Club, Inc. American Herding Breed Association American Kennel Club American Pomeranian Club, Inc. American Saluki Association American Sighthound Field Association Anatolian Shepherd Dog Club of America, Inc. Anatolian Shepherd Dogs International, Inc. Applied Backflow Technologies Associated Rottweiler Fanciers of Northern California ATAS Soft Coated Wheaten Terriers Atherton Acres Boarding and Training Kennels Bakersfield Obedience Training Club Basset Hound Club of Southern California Bix-L Boxers Bizzy B Cairn Terriers Bloodhounds West Breed Rescue, Inc., Northern Chapter Bonita Cat Fanciers Borzoi Club of California Boxer Club of San Fernando Valley Bull Terrier Club of America, Inc. Bulldog Club of America, Div. III Bulldog Club of Northern California, Inc. SB 250 -- 4/2/09 -- Page 13 Butte County Kennel Club, Inc. California Airedale Terrier Club Incorporated California Central Valley Maltese Club California English Setter Club California Federation of Dog Clubs California Greyhound Coursing Association California Outdoor Heritage Alliance California Responsible Pet Owners' Coalition/CaRPOC California Rifle and Pistol Association, Inc. Canine Specialized Search Team Cavalier King Charles Spaniel Club of Southern California CHAKO Channel City Kennel Club Chow Fanciers of Southern California Concerned Dog Owners of California City of Angeles Pomeranian Club Inc. City of Highland Contra Costa County Kennel Club Coso Dog Fanciers of California, Inc. Dachshund Club of California Davis Dog Training Club, Inc. Deep Peninsula Dog Training Club Del Arroyo 4-H Club Del Fur Kennel Club Doberman Pinscher Club of Northern California, Inc. Elkhorn Plaza Veterinary Clinic English Cocker Spaniel Club of Northern California Feather River Dog Training Club Franciscan Silver & Golden Fanciers German Shepherd Dog Club of America German Shepherd Dog Club of Los Angeles German Shorthaired Pointer Club of San Diego Golden Empire Brittany Club Golden Gate Cat Club Golden Gate English Springer Spaniel Association Golden Gate Greater Swiss Mt. Dog Rescue Golden Retriever Club of Greater Los Angeles Golden State American Staffordshire Terrier Club Great Dane Club of California Greater San Diego Whippet Association Grunenfeld German Shepherds Harrier Club of America Inland Empire English Setter Club Inland Empire Hound Club of Southern California Irish Terrier Club of America SB 250 -- 4/2/09 -- Page 14 Irish Terrier Club of Southern California Irish Wolfhound Club of America, Inc. Kansas City Dog Advocates Kennel Club of Palm Springs Law Offices of Janet Vining Mitchell Los Encinos Kennel Club Los Angeles Animal Services (LAAS) Los Angeles Doberman Pinscher Club, Inc. Los Angeles Poodle Obedience Club, Inc. Los Padres Obedience Club, Inc. Maine Attraction Cat Fanciers Maryland Dog Federation, Inc. Mother Lode Bulldog Club of Sacramento National English Shepherd Rescue National Pet Alliance National Rifle Association of America Nerds to the Rescue Newfoundland Club of Southern California Nicolas Studio Inc. Norcal Golden Retriever Club, Inc. Norcal Golden Retriever Rescue Nor-Cal Toy Dog Fanciers Nor-Cal Treehound Association Northern California Brittany Club Northern California Bulldog Rescue Northern California Irish Wolfhound Club Northern California Samoyed Fanciers Northern California Siberian Husky Club, Inc. Northern California Terrier Association Northern California Toy Fox Terrier Club Rescue Northern California Whippet Fanciers Association, Inc. Northern California Whippet Rescue Committee Orange Coast Rhodesian Ridgeback Club Orange Empire Dog Club, Inc. Outdoor Sportsmen's Coalition of California Pacific Coast Bulldog Club PetPAC Poodle Club of Central California Portuguese Water Dog Club of Northern California Professional Stewards Association of Northern California Sacramento Council of Dog Clubs, Inc. Sacramento Sierra Norwegian Elkhound Club, Inc. Sacramento Valley Boxer Club Sacramento Valley Dog Franciers Safari Club International Foundation SB 250 -- 4/2/09 -- Page 15 Safari Club International (SCI) Salmon Creek Ranch Saluki Club of Greater San Francisco San Angeles Saluki Club, Inc. San Francisco Dog Training Club, Inc. San Francisco Revelers San Joaquin Kennel Club San Lorenzo Dog Training Club, Inc. Santa Clara Dog Training Club, Inc. Santa Clara Valley Kennel Club Savannah Cat Rescue Schipperke Club of Southern California Shetland Sheepdog Club of Northern California Show and Sport Optimizing Animal Health Naturally SoCal Belgian Shepherd Rescue Somis Schutzhund Club South Bay Kennel Club, Inc. Southern California Alaskan Malamute Club Inc. Southern California Golden Retriever Rescue Southern California Schutzhund Club Southern California Siamese Rescue Staffordshire Bull Terrier Club of America Standard Schnauzer Club of Southern California Stanislaus County Schutzhund Club Tally Ho Dawg Walkin' Club The Animal Council The Borzoi Club of Northern California The Bay Area Rhodesian Ridgeback Club The California Sportsman's Lobby The Cat Fanciers' Association, Inc. The City of Angels Pomeranian Club, Inc. The English Shepherd Club The Golden Gate Shih Tzu Fanciers The International Cat Association, Inc. The Irish Water Spaniel Club of America The Kennel Club of Palm Springs The Toy Fox Terrier Club of Northern California Rescue Tule River Houndsmen Tonkinese Breed Association Two Cities Kennel Club United States Society for the Prevention of Cruelty to Others Ventura County Dog Fanciers Association Way Out West Schutzhund Club West Highland White Terrier Club of California SB 250 -- 4/2/09 -- Page 16 West Shore Shorthair Cat Club Western Rottweiler Owners Club Working Riesenschnauzer Federation Yorkshire Terrier Club of Los Angeles