BILL NUMBER: SB 702 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Lieu
FEBRUARY 18, 2011
An act to amend Section 50.7 of the Labor Code, relating
to the Department of Industrial Relations. An act to
amend Section 31253 of the Food and Agricultural Code, relating to
dog licensing.
LEGISLATIVE COUNSEL'S DIGEST
SB 702, as amended, Lieu. Department of Industrial
Relations: occupational safety and health standards.
Dog licensing: microchip implants.
Existing law requires that dogs that attain the age of 4 months be
licensed and wear a collar to which an identification or license tag
is attached. A dog that is found running at large without the
identification tag or dog license tag may be seized and impounded by
any peace officer. Existing law requires the owner of the dog that
has been impounded to pay a fee to reclaim the dog. A violation of
these provisions is either an infraction or a misdemeanor, as
specified.
This bill would additionally require an owner who seeks to reclaim
a dog that has been impounded to provide proof of a current, valid
license for the dog. The bill would also authorize the entity that
has custody of the dog to implant the dog with a microchip
identifying the owner of the dog or require the owner to take that
action within 30 days of reclaiming the dog. Because a violation of
this provision would be a crime, the bill would impose a
state-mandated local program.
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.
Proposition 97, an initiative statute approved by the voters at
the November 8, 1988, statewide general election, designates the
Department of Industrial Relations as the state agency responsible
for administering the state plan for the development and enforcement
of occupational safety and health standards relating to issues
covered by corresponding standards promulgated under the federal
Occupational Safety and Health Act of 1970. Proposition 97 requires
that the state plan be consistent with the provisions of state law
governing occupational safety and health, as specified.
This bill would make nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31253 of the Food
and Agricultural Code is amended to read:
31253. If a dog which has been impounded is claimed by the owner,
the all of the following shall apply:
(a) The fee for impounding and
keeping the dog, as fixed by the board of supervisors, shall be paid
by the owner to the person, organization, or association which has
custody of the dog, to be retained by him , her, or them.
No charge for fees pertaining to the dog shall be paid by the board
of supervisors.
(b) The owner shall provide proof of a current, valid license for
the dog.
(c) One of the following shall occur:
(1) The entity that has custody of the dog may, before releasing
the dog to the owner, implant that dog with a microchip that
identifies the owner of the dog. The owner shall pay the fee for the
implanted device, in addition to any other fee imposed for redeeming
the dog, except as otherwise expressly provided by the board of
supervisors.
(2) The owner shall provide proof, within 30 days of the release
of the dog to the custody of the owner, that the dog has been
implanted with a microchip that identifies the owner of the dog.
SEC. 2. 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.
SECTION 1. Section 50.7 of the Labor Code is
amended to read:
50.7. (a) The department is the state agency designated to be
responsible for administering the state plan for the development and
enforcement of occupational safety and health standards relating to
issues covered by corresponding standards promulgated under the
federal Occupational Safety and Health Act of 1970 (P.L. 91-596). The
state plan shall be consistent with the provisions of state law
governing occupational safety and health, including, but not limited
to, Chapter 6 (commencing with Section 140), Chapter 6.5 (commencing
with Section 148), and Division 5 (commencing with Section 6300).
(b) The budget and Budget Bill submitted pursuant to Section 12 of
Article IV of the California Constitution shall include in the item
for the support of the department amounts sufficient to fully carry
out the purposes and provisions of the state plan and this code in a
manner which assures that the risk of industrial injury, exposure to
toxic substances, illness and death to employees will be minimized.
(c) Due to the availability of federal funds, the department shall
seek the maximum amount of federal funding and, to the extent
possible, shall use funds obtained from federal grants to pay the
cost of administering the state plan.
(d) The Governor and the department shall take all steps necessary
to prevent withdrawal of approval for the state plan by the Federal
government. If federal approval of the state plan has been withdrawn
before passage of this initiative, or if it is withdrawn at any time
after passage of this initiative, the Governor shall submit a new
state plan immediately so that California shall be approved and shall
continue to have access to federal funds.