BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 250|
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THIRD READING
Bill No: SB 250
Author: Florez (D)
Amended: 5/28/09
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-1, 4/15/09
AYES: Wiggins, Kehoe, Wolk
NOES: Cox
NO VOTE RECORDED: Aanestad
SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/28/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Wolk
SUBJECT : Dogs and cats: spaying and neutering
SOURCE : Social Compassion in Legislation
DIGEST : This bill restricts the ownership of
unsterilized dogs and cats and requires surgical
sterilization of the animal in specified circumstances.
ANALYSIS : 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
CONTINUED
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fines for the owners of nonspayed or unneutered dogs and
cats that are impounded:
1. First occurrence: $35.
2. Second occurrence: $50.
3. Third and subsequent occurrences: $100.
The funds must be spent for "humane education," spaying and
neutering, and administrative costs [AB 1856 (Vincent),
Chapter 747, Statutes of 1998; SB 1301 (Vincent), Chapter
253, Statutes of 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 cannot be breed-specific [SB 428
(Torres), Chapter 761, Statutes of 1989]. However, local
officials can adopt breed-specific ordinances for their
mandatory spay or neuter programs and breeding requirements
[SB 861 (Speier), Chapter 668, Statutes of 2005].
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),
Chapter 747, Statutes of 1998].
Local animal shelters must care for stray and impounded
dogs and cats for six days before euthanizing them [SB 1785
(Hayden), Chapter 752, Statutes of 1998]. In 2007-08,
local governments estimated that it would cost
approximately $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
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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.
This bill increases the state restrictions that apply to
dogs and cats and their owners.
I. Dogs . Specifically, this bill:
A. Requires dog owners to secure a dog license under
the state rabies vaccination law, or as required by
the local licensing agency.
B. Prohibits owning, keeping, or harboring an
unsterilized dog in violation of the bill's
requirements.
C. Requires the owner or custodian of an unsterilized
dog that is six months old or older to:
(1) Have the dog sterilized, or
(2) Obtain a certificate of sterility, or
(3) Obtain an unaltered dog license if provided
by local ordinance.
These requirements do not apply to a dog with a high
likelihood of serious bodily harm or death if surgically
sterilized. The dog's owner or custodian must obtain a
licensed veterinarian's written confirmation. If the
dog can be sterilized 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 must apply for an unaltered dog license
pursuant to any local ordinance.
D. Authorizes an unsterilized dog to roam at large if
it is lawfully being used as a hunting dog.
E. Allows local officials to use its existing
procedures or may establish procedures for the denial
or revocation of an unaltered dog license and may
deny or revoke an unaltered dog license for one or
more of the following reasons:
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(1) The owner, custodian, applicant, or licensee
does not comply with the new law.
(2) The owner, custodian, applicant, or licensee
has violated a state or local law or 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
or local law or provision relating to the care and
control of animals.
(4) The application contains a material
misrepresentation or omission.
The licensing agency must use its existing procedures or
may establish procedures for any appeal of a denial or
revocation of an unaltered dog license.
The licensing agency may assess a fee for the procedures
related to the issuance, denial or revocation of an
unaltered dog license.
F. Requires the owner or custodian of an unsterilized
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.
The owner or custodian of an unlicensed, unaltered
dog is subject to any authorized penalty for
violating the bill's requirements only if the owner
or custodian is concurrently cited for one or more of
the following:
(1) Permitting the subject dog to roam at large.
(2) Failure to provide adequate care for the
subject dog.
(3) Violating the subject dog's quarantine for
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rabies.
(4) Criminal dog fighting activity.
(5) Failure to comply with local requirements
for keeping a dog that was found to be potentially
dangerous, dangerous, or vicious.
(6) Failure to possess an unaltered dog license.
G. Requires the owner or custodian of an unaltered
dog who is subject to penalty because of one of these
violations to surgically sterilize the animal. The
licensing agency may 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
sterilization services.
H. Requires the owner or custodian of an impounded,
unlicensed, and unaltered dog to:
(1) Provide written proof of the animal's
sterilization.
(2) Have the animal surgically sterilized by a
veterinarian associated with the licensing agency,
at the owner or custodian's expense.
(3) Have the animal surgically sterilized by
another veterinarian.
(4) At the licensing agency's discretion, pay a
refundable deposit or sign a statement under
penalty of perjury that:
(a) The animal will be surgically
sterilized, and
(b) The owner or custodian will submit a
veterinarian's certificate within 10 days
confirming that:
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(i) The animal has been surgically
sterilized, or is incapable of breeding or
(ii) That the operation has been
scheduled.
This bill makes the owner or custodian of an unaltered
dog responsible for impoundment costs and shall comply
with additional impoundment procedures.
II. Cats . Under this bill, it is unlawful for anyone who
owns, keeps, or harbors an unsterilized cat older than
six months to allow that cat to remain outdoors. The
owner of an unsterilized cat who permits that cat to
roam at large must have the animal sterilized, or obtain
a certificate of sterility. These requirements do not
apply to a cat with a high likelihood of serious bodily
harm or death if sterilized. The cat's owner or
custodian must obtain a licensed veterinarian's written
confirmation. If the cat can be sterilized at a later
date, that date must be stated in the veterinarian's
confirmation.
If a licensing agency requires cat licenses, the bill
requires the owner or custodian of an unsterilized 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.
IV. General Provisions . This bill directs the resulting
costs and fines, including the impoundment fees, to the
licensing agency to defray its implementation and
enforcement costs.
This bill declares that the new law does not prohibit a
local jurisdiction from enacting or enforcing local
measures:
A. That require spaying or neutering of all dogs and
cats.
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B. Regarding the obligations of people who own or
possess dogs or cats.
This bill also defines "licensing agency," "custodian,"
and "sterilize" for the purpose of the new law.
Comments
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. This bill
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.
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 is best for their dogs and cats.
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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.
Prior Legislation
In June 2008, the Senate Local Government Committee, with a
vote of 3-2, passed 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 with a
vote of 5-27.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/29/09)
Social Compassion In Legislation (source)
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
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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)
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
Cities of Fresno, Lathrop, Stockton, Vallejo, and West
Hollywood
City of Hawthorne Animal Shelter
City of Hayward Shelter Volunteers
City of Huntington Beach Mayor Keith Bohr
City of Los Angeles, City Attorney
City of Los Angeles, Mayor Antonio Villaraigosa
City of Santa Rosa Councilmember Veronica Jacobi
City of Vallejo Councilmember Stephanie Gomes
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
Counties of Kern and Placer
County of Lake Department of Animal Care & Control
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
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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
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 Pits Rescue
It's The Grind Coffee House
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
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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
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
Silicon Valley Animal Control Authority
Soaring, LLC
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
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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
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
Numerous individuals
Numerous veterinary professionals
OPPOSITION : (Verified 5/29/09)
Akita Club of America, Inc.
Alameda County Schutzhund & Police K-9 Club
Alaskan Malamute Club of America
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
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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.
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.
California Sportsman's Lobby
Canine Specialized Search Team
Cavalier King Charles Spaniel Club of Southern California
CHAKO
Channel City Kennel Club
Chow Fanciers of Southern California
City of Angeles Pomeranian Club Inc.
Concerned Dog Owners of California
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
Feline Friends Internationale
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
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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
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 Angeles Doberman Pinscher Club, Inc.
Los Angeles Poodle Obedience Club, Inc.
Los Encinos Kennel Club
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
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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 Fanciers
Safari Club International (SCI)
Safari Club International Foundation
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 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 Bay Area Rhodesian Ridgeback Club
The Borzoi Club of Northern California
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
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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
Tonkinese Breed Association
Tule River Houndsmen
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
West Shore Shorthair Cat Club
Western Rottweiler Owners Club
Working Riesenschnauzer Federation
Yorkshire Terrier Club of Los Angeles
Numerous individuals
AGB:mw 5/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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