BILL ANALYSIS Ó
SB 702
Page 1
Date of Hearing: June 21, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 702 (Lieu) - As Amended: April 27, 2011
SENATE VOTE : 32-6
SUBJECT : Dog licensing: microchip implants.
SUMMARY : Prohibits public animal control agencies, shelters,
society for the prevention of cruelty to animals shelters,
humane society shelters, or rescue groups (animal shelters) from
releasing a dog or cat that has not been microchipped, as
specified. Specifically, this bill :
1)Prohibits animal shelters from releasing to an owner seeking
to reclaim his or her dog or cat, or to a new owner, a dog or
cat that has not been microchipped.
2)Authorizes animal shelters that do not have microchipping
available on the premises, to release a dog or cat only upon
the condition that the owner, adopter, or purchaser presents
proof within 30 days that the dog or cat has been
microchipped.
EXISTING LAW :
1)Requires that dogs be licensed at four months of age and wear
a collar with an identification or license attached, as
specified.
2)Requires the owner of a dog that has been impounded to pay a
fee to reclaim the dog.
3)Prohibits animal shelters from selling or giving away to a new
owner any dog or cat that has not been spayed or neutered.
4)Authorizes animal shelters to enter into cooperative
agreements with each other and with veterinarians in lieu of
requiring spaying and neutering deposits, as specified.
FISCAL EFFECT : Unknown
SB 702
Page 2
COMMENTS :
Purpose of this bill . According to the author's office, "Every
year municipal animal shelters in California continue to impound
1 million dogs and cats and kill nearly half of these animals
because the shelters are over-crowded. A significant source of
the problem includes the lack of identification and ability to
reunite these animals with their owners without delay. This
process costs over $300 million per year according to the Cities
and Counties Annual Reports submitted to the State Controller's
office.
"Since 1989, microchip technology has enabled shelters to
identify the animal's owners, leading to successful
reunification of pets with their families. According to The
Journal of the American Veterinary Medical Association, the
return-to-owner rate for cats was 20 times higher and two and a
half times for dogs if the animals had microchips.
"Microchips are small, about the size of a grain of rice. They
contain an identifying number which when scanned provides the
contact information about the pet's owner. The owner can update
this information at any time and by January 2012, there will be
a website where owners can update their information directly.
The material is inert and biocompatible, thereby there is no
health risk to the animal from the insertion of the microchip.
Also, implanting the device is similar to that of a vaccination,
resulting in minimal pain for the animal - and can be implanted
by veterinary techs and other personnel. The cost of
microchipping ranges from $5 to $75. However in some
localities, free microchipping services are available to pet
owners.
"Since 1973, California has required every local jurisdiction to
enforce the mandatory dog licensing laws. Commencing in 1998,
municipal and private shelters can impose fines and civil
penalties against the owner of the dog or cat that is impounded
by the shelter. In addition, public and private shelters are
required to scan the dog or cat for a microchip and shall make
reasonable efforts to contact the owner in an effort to reunite
the pets with their owners. However, many animals have not been
micro-chipped, which can prevent the dog or cat from reuniting
with its owner - and possibly face euthanasia because its owners
have not been located.
SB 702
Page 3
"SB 702 requires owners of all animals adopted or impounded and
claimed by the owner from a local animal shelter to implant an
identifying microchip in the animal upon release of the animal
from the shelter, or within 30 days of release from the
shelter."
Background . According to the American Animal Welfare Society, a
microchip is a computer chip that is programmed with a unique
identification number. The whole device is small enough to fit
into a hypodermic needle and is injected under the skin of the
animal, where it will stay for the lifetime of the pet.
According to the author's office, implementing the microchip is
essentially the same as administering a vaccine. A pet may feel
a little pinch, and any pain should be over very quickly. Due
to the simple nature of implanting a microchip, a veterinarian
is not required; rather a veterinarian technician or a
registered veterinarian technician may perform the procedure.
When a pet is found by an animal shelter or a veterinarian, a
scanner is used to detect the pet's microchip. The scanner will
read the unique number associated with the chip which is linked
to the owner's contact information in a database. Opponents
have stated that the varying types of scanners make it difficult
to ensure that the microchip can be read when the pet is found.
The American Veterinary Medical Association states that there
are three different types of frequencies that are emitted by
microchips. However, international standards for microchips
have recently been implemented and universal scanners have been
developed which read all types of frequencies. The microchip is
not an active pet tracking device and therefore it is essential
for the owner to keep their contact information current with the
microchip's manufacturer.
Support . The California Animal Control Directors Association
(CACDA) writes in support, "CACDA's membership includes most
local municipal animal control agencies throughout the state
that operate animal shelters. CACDA members work hard to
reunite lost animals with their owners. Unfortunately, the
great majority of dogs and cats entering shelters have no
identification. A microchip provides a permanent means of
identifying an owner of the animal. This increases the chance
that the dog or cat can be returned to the right person. As a
result, the agency can recover the costs of care and avoid the
potential for euthanasia."
SB 702
Page 4
Opposition . The California Responsible Pet Owners' Coalition
writes in opposition, "This bill would require that a dog, if
impounded, be required to have a microchip implanted. Many
owners are reluctant to have their dog microchipped because of
well-documented studies, which have shown that: the site of
implantation may become swollen or infected; the chip may fail
or migrate in the animal's body; tumors and cancers have
developed at the site of implanted chips necessitating
amputation and worse; and, companies also make their own
scanners and they often can't read the competition's chips.
"Furthermore, the American Kennel Club does not require a
microchip for identification, only that the dog has some form of
permanent identification. Providing an alternate form of
permanent identification, such as a nationally registered
tattoo, would allay these concerns for the responsible dog
owner. It would also eliminate agencies from unnecessary health
liability or improper prosecution exposure."
REGISTERED SUPPORT / OPPOSITION :
Support
Social Compassion in Legislation (sponsor)
Animal Legal Defense Fund
California Animal Control Directors Association
City of Long Beach
City of Los Angeles
PawPAC
Santa Cruz Society for the Prevention of Cruelty to Animals
Take Me Home Animal Rescue
The Humane Society of the United States
Opposition
California Federation of Dog Clubs
California Responsible Pet Owners' Coalition
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301