BILL NUMBER: SB 1373 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 14, 2002
AMENDED IN SENATE MAY 1, 2002
AMENDED IN SENATE APRIL 16, 2002
AMENDED IN SENATE APRIL 2, 2002
INTRODUCED BY Senator O'Connell
FEBRUARY 7, 2002
An act to add Sections 1730, 1731, 1732, 1733, and 1734 to the
Civil Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
SB 1373, as amended, O'Connell. Dogs and cats: registration and
microchipping.
Existing law provides for the regulation and licensure of dogs and
cats, as specified.
This bill would enact civil provisions, operative July 1,
2003 January 1, 2004, as specified , that would
prohibit a pet dealer or breeder, as defined, from selling a dog or
cat that is less than one year old unless a registration fee
for the sale has been paid to the local agency, as
defined, providing animal control services. The bill would require
local agencies to issue, upon payment of the registration fee, a
registration number or numbers to the pet dealer or breeder. The
bill would authorize a local agency to charge a fee to
administer recover the cost of administering
these provisions. The bill would express the intent of the
Legislature that these fees be used only for specified purposes,
including the costs of administering the bill's provisions. The bill
would also require the registration fee receipt number to be
displayed in any advertisement for the sale of a dog or cat.
The bill would also require a pet dealer or breeder to ensure that
the dog or cat has been microchipped.
The bill would authorize a local agency to implement these
provisions by local ordinance prior to January 1, 2004, and would
provide that a valid local ordinance that imposes more
restrictive requirements than these provisions would prevail over
these provisions.
The bill would also impose specified civil penalties upon pet
dealers and breeders who violate these provisions.
By imposing new duties on local officials, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1730 is added to the Civil Code, to read:
1730. For the purposes of Sections 1731 to 1734, inclusive, the
following terms have the following meanings:
(a) "Advertisement" includes, but is not limited to, advertising
in newspapers, flyers, newsletters, magazines, periodicals, or other
publications, electronic media, Internet Web sites, oral offers, or
the display of a dog or cat.
(b) "Pet dealer" means a person engaging in the business of
selling dogs or cats, or both, at retail, and by virtue of the sales
of dogs and cats is required to possess a permit pursuant to Section
6066 of the Revenue and Taxation Code.
(c) "Breeder" means a person, firm, partnership, corporation, or
other association that has sold, transferred, or given away all or
part of three or more litters or 20 dogs or cats during the preceding
12 months that were bred and reared on the premises of the person,
firm, partnership, corporation, or other association. "Breeder" does
not include publicly operated pounds, humane societies, privately
operated rescue groups or organizations, or persons involved in the
rescue of dogs or cats.
(d) "Local agency" means a city, county, or city and county agency
providing animal control or private society or pound contracting
with the local public agency for animal care or protection services.
SEC. 2. Section 1731 is added to the Civil Code, to read:
1731. (a) No pet dealer or breeder may sell a dog or cat that is
less than one year old unless a registration fee has been paid to the
local agency providing animal control services according to the
provisions of Section 1733. Upon payment of the registration fee,
the local agency shall issue a registration number or numbers to the
pet dealer or breeder as determined by the agency. A pet dealer or
breeder shall be required to register annually pursuant to this
section.
(b) The registration number or numbers issued by the local agency
pursuant to subdivision (a) shall be displayed in any advertisement
for the sale of the dog or cat.
(c) The local agency shall obtain from the pet dealer or breeder,
the street address and telephone number of the pet dealer or breeder
and the breed, sex, color and number of dogs or cats offered for
sale.
SEC. 3. Section 1732 is added to the Civil Code, to read:
1732. A pet dealer or breeder shall ensure that the dog or cat
has been microchipped and the owner's identification has been entered
into a local registry maintained by a local agency providing animal
control services or into a national registry.
SEC. 4. Section 1733 is added to the Civil Code, to read:
1733. A local agency may charge a fee for
to recover the cost of the administration of Sections 1731
and 1732 , 1732, and 1734 . It is the
intent of the Legislature that the proceeds from these fees be used
to supplement, rather than supplant, existing funding of the local
agency. The fees charged may be above the costs for
in excess of the costs of administering Sections
1731 and 1732 , 1732, and 1734, but
may be used only for the following purposes:
(a) The costs of administering the provisions of Sections 1731
and 1732 , 1732, and 1734 .
(b) Programs to spay or neuter dogs and cats.
(c) Programs to encourage the adoption of dogs and cats.
(d) The costs of microchipping dogs and cats.
(e) Public education programs to prevent overpopulation of dogs
and cats.
SEC. 5. Section 1734 is added to the Civil Code, to read:
1734. (a) Any pet dealer or breeder who violates
Sections Section 1731 or 1732 shall be subject
to a civil penalty for a first offense of up to one thousand dollars
($1,000), or shall be prohibited from selling dogs or cats for up to
30 days, or both. If there is a second offense, a pet dealer or
breeder shall be subject to a civil penalty of up to two thousand
five hundred dollars ($2,500), or a prohibition from selling dogs or
cats for up to 90 days, or both. For a third offense, a pet dealer
or breeder shall be subject to a civil penalty of up to five thousand
dollars ($5,000), or a prohibition from selling dogs or cats for up
to six months, or both. For a fourth and subsequent offense, a pet
dealer or breeder shall be subject to a civil penalty of up to ten
thousand dollars ($10,000) or a prohibition from selling dogs or cats
for up to one year, or both. For the purpose of this section, a
violation that occurred more than five years prior to the most recent
violation shall not be considered. An action for recovery of the
civil penalty and for a court order enjoining a pet dealer or breeder
from engaging in the business of selling dogs or cats at retail for
the period set forth in this section, may be prosecuted by the
district attorney for the county in which the violation occurred, or
the city attorney for the city in that the violation occurred, in the
appropriate court.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 5971 of the Penal Code.
SEC. 6. Any valid local ordinance that imposes more restrictive
requirements than the provisions of Sections 1731 and 1732 of the
Civil Code shall prevail over these sections.
SEC. 7. The provisions of this act shall become operative on
July 2003 January 1, 2004; however, a local
agency may implement these provisions by local ordinance at an
earlier date .
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.