BILL NUMBER: SB 702 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 31, 2011
PASSED THE ASSEMBLY AUGUST 25, 2011
AMENDED IN SENATE APRIL 27, 2011
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Lieu
FEBRUARY 18, 2011
An act to amend Sections 30503, 30520, 31751.3, and 31760 of the
Food and Agricultural Code, relating to dog licensing.
LEGISLATIVE COUNSEL'S DIGEST
SB 702, Lieu. 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. Existing law also
prohibits any public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group from selling or giving away to a new owner any dog
or cat that has not been spayed or neutered. A violation of these
provisions is either an infraction or a misdemeanor, as specified.
This bill would prohibit any public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group from releasing to an owner
seeking to reclaim his or her dog or cat, or selling or giving away
to a new owner, a dog or cat that has not been microchipped, except
under a specified circumstance. Because a violation of these
provisions 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30503 of the Food and Agricultural Code is
amended to read:
30503. (a) (1) Except as otherwise provided in subdivision (b),
no public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away to a new owner any dog that has
not been spayed or neutered.
(2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her dog, or sell or
give away to a new owner, a dog that has not been microchipped.
(B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the dog does not have
microchipping available on the premises, that entity may release the
dog only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the dog was obtained that the dog has been microchipped.
(3) For the purposes of this section a "rescue group" is a
for-profit or not-for-profit entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of dogs that have been removed from a public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, or humane shelter or that have been previously owned by any
person other than the original breeder of that dog.
(b) (1) If a veterinarian licensed to practice veterinary medicine
in this state certifies that a dog is too sick or injured to be
spayed or neutered, or that it would otherwise be detrimental to the
health of the dog to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group a deposit of not less than forty dollars ($40), and
not more than seventy-five dollars ($75).
(2) The entity shall establish the amount of the deposit at the
level it determines is necessary to encourage the spaying or
neutering of dogs.
(3) The deposit shall be temporary, and shall only be retained
until the dog is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine
in this state.
(4) The dog shall be spayed or neutered within 14 business days of
that certification.
(5) The adopter or purchaser shall obtain written proof of spaying
or neutering from the veterinarian performing the operation.
(6) If the adopter or purchaser presents proof of spaying or
neutering to the entity from which the dog was obtained within 30
business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
that are unclaimed after January 1, 2000, may be expended only for
programs to spay or neuter dogs and cats, including agreements with a
society for the prevention of cruelty to animals or a humane society
or licensed veterinarian to operate a program to spay or neuter dogs
and cats.
(e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
SEC. 2. Section 30520 of the Food and Agricultural Code is amended
to read:
30520. (a) This chapter only applies to a county that has a
population of less than 100,000 persons as of January 1, 2000, and to
cities within that county. A county whose population exceeds 100,000
persons in a year subsequent to January 1, 2000, shall be subject to
Chapter 1 (commencing with Section 30501) commencing on January 1 of
the year immediately following the year in which the population of
that county exceeds 100,000 persons.
(b) (1) Except as otherwise provided in this chapter, no public
animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group
shall sell or give away any dog that has not been spayed or neutered.
(2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her dog, or sell or
give away to a new owner, a dog that has not been microchipped.
(B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the dog does not have
microchipping available on the premises, that entity may release the
dog only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the dog was obtained that the dog has been microchipped.
(c) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may not transfer to a new owner a dog that has not been
spayed or neutered, except as provided in subdivision (d).
(d) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may transfer to a new owner a dog that has not been
spayed or neutered only if the animal shelter does both of the
following:
(1) Requires a written agreement, executed by the recipient,
acknowledging the dog is not spayed or neutered and the recipient
agrees in writing to be responsible for ensuring the dog will be
spayed or neutered within 30 business days after the agreement is
signed.
(2) Receives from the recipient a sterilization deposit of not
less than forty dollars ($40) and not more than seventy-five dollars
($75), the terms of which are part of the written agreement executed
by the recipient under this section.
(e) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
SEC. 3. Section 31751.3 of the Food and Agricultural Code is
amended to read:
31751.3. (a) (1) Except as otherwise provided in subdivision (b),
no public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away to a new owner any cat that has
not been spayed or neutered.
(2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her cat, or sell or
give away to a new owner, a cat that has not been microchipped.
(B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the cat does not have
microchipping available on the premises, that entity may release the
cat only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the cat was obtained that the cat has been microchipped.
(3) For the purposes of this section, a "rescue group" is a
for-profit or not-for-profit entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of cats that have been removed from a public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, or humane shelter or that have been previously owned by any
person other than the original breeder of that cat.
(b) (1) If a veterinarian licensed to practice veterinary medicine
in this state certifies that a cat is too sick or injured to be
spayed or neutered, or that it would otherwise be detrimental to the
health of the cat to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group a deposit of not less than forty dollars ($40), and
not more than seventy-five dollars ($75).
(2) The entity shall establish the amount of the deposit at the
level it determines is necessary to encourage the spaying or
neutering of cats.
(3) The deposit shall be temporary, and shall only be retained
until the cat is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine
in this state.
(4) The cat shall be spayed or neutered within 14 business days of
that certification.
(5) The adopter or purchaser shall obtain written proof of spaying
or neutering from the veterinarian performing the operation.
(6) If the adopter or purchaser presents proof of spaying or
neutering to the entity from which the cat was obtained within 30
business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
unclaimed after January 1, 2000, may be expended only for programs to
spay or neuter cats and dogs, including agreements with a society
for the prevention of cruelty to animals or a humane society or
licensed veterinarian, to operate a program to spay or neuter cats
and dogs.
(e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
SEC. 4. Section 31760 of the Food and Agricultural Code is amended
to read:
31760. (a) This chapter only applies to a county that has a
population of less than 100,000 persons as of January 1, 2000, and to
cities within that county. A county whose population exceeds 100,000
persons in a year subsequent to January 1, 2000, shall be subject to
Chapter 1 (commencing with Section 31751) commencing on January 1 of
the year immediately following the year in which the population of
that county exceeds 100,000 persons.
(b) (1) Except as otherwise provided in this chapter, no public
animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group
shall sell or give away any cat that has not been spayed or neutered.
(2) (A) Except as provided in subparagraph (B), no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall
release to an owner seeking to reclaim his or her cat, or sell or
give away to a new owner, a cat that has not been microchipped.
(B) If the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group that has custody of the cat does not have
microchipping available on the premises, that entity may release the
cat only upon the condition that the owner, or the adopter or
purchaser, shall have 30 days to present proof to the entity from
which the cat was obtained that the cat has been microchipped.
(c) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may not transfer to a new owner a cat that has not been
spayed or neutered, except as provided in subdivision (d).
(d) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may transfer to a new owner a cat that has not been
spayed or neutered only if the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group does both of the following:
(1) Requires a written agreement, executed by the recipient,
acknowledging the cat is not spayed or neutered and the recipient
agrees in writing to be responsible for ensuring the cat will be
spayed or neutered within 30 business days after the agreement is
signed.
(2) Receives from the recipient a sterilization deposit of not
less than forty dollars ($40) and not more than seventy-five dollars
($75), the terms of which are part of the written agreement executed
by the recipient under this section.
(e) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
SEC. 5. 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.