BILL ANALYSIS Ó SB 702 Page 1 SENATE THIRD READING SB 702 (Lieu) As Amended April 27, 2011 Majority vote SENATE VOTE :32-6 BUSINESS & PROFESSIONS 8-0 APPROPRIATIONS 11-3 ----------------------------------------------------------------- |Ayes:|Hayashi, Allen, Butler, |Ayes:|Fuentes, Blumenfield, | | |Eng, Hagman, Hill, Ma, | |Bradford, Charles | | |Smyth | |Calderon, Campos, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Donnelly, Nielsen, Norby | | | | | | ----------------------------------------------------------------- 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. SB 702 Page 2 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 : According to the Assembly Appropriations Committee, potential nonreimbursable costs to local government for additional enforcement, offset to some extent by additional fine revenues. COMMENTS : According to the author, "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 SB 702 Page 3 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 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." 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, 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 SB 702 Page 4 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. Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) 319-3301 FN: 0001520