BILL NUMBER: SB 250	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 24, 2009

   An act to add Section 30804.6 to the Food and Agricultural Code,
relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 250, as amended, Florez. Dogs and cats: spaying and neutering.
   Existing law generally prohibits public pounds and private
shelters from selling or giving away any dog or cat that has not been
spayed or neutered; provides, under certain circumstances, for the
sale or giving away of a dog or cat that has not been spayed or
neutered upon the payment of a refundable deposit, as specified;
provides for the imposition of fines or civil penalties against the
owner of a nonspayed or unneutered dog or cat that is impounded by a
public pound or private shelter; and immunizes cities and counties,
societies for the prevention of cruelty to animals, and humane
societies from an action by the owner of a dog or cat for spaying or
neutering the dog or cat in accordance with the law. A violation of
any of these provisions is an infraction, punishable as specified.
   This bill would provide, in addition, that  every dog 
 owner shall secure a license for the dog, as required by state
or local law, and that  no person  may  
shall  own, keep, or harbor an unaltered and unspayed dog,
except as specified. It would make it  is  unlawful
for any person who owns, keeps, or harbors any unspayed or unaltered
cat 6 months of age or older to allow or permit that unspayed or
unaltered cat to remain outdoors. It would require  an
  any  owner or custodian  , as defined, 
of an unaltered  dog or  cat to have the animal spayed or
neutered  at 6 months of age or older  , or provide a
certificate of sterility. It would allow an unaltered dog license to
be denied, revoked, and reapplied for, as specified, and the
licensing agency to utilize its existing procedures for any appeal of
a denial or revocation of an unaltered dog license.
   This bill would require an owner or custodian who offers any
unaltered dog or cat for sale, trade, or adoption to meet specified
requirements. It would permit an administrative citation, infraction,
or other authorized penalty for a violation of certain provisions to
be imposed only if the owner or custodian is concurrently cited for
another violation under state or local law, as specified. It would
require, if an unaltered dog or cat is impounded pursuant to state or
local law, the owner or custodian to meet specified requirements,
including paying the costs of impoundment. It would require all
costs, fines, and fees collected under the bill to be paid to the
licensing agency for the purpose of defraying the cost of the
implementation and enforcement of the bill. By creating new crimes
and imposing new duties on local animal control agencies, this bill
would impose a state-mandated local program upon local governments.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 30804.6 is added to the Food and Agricultural
Code, to read:
   30804.6.  (a) (1)  Every dog owner shall secure a license for
the dog pursuant to Section 121690 of the Health and Safety Code or
as required by the local licensing agency. 
    (2)    No person  may 
shall  own, keep, or harbor an unaltered and unspayed dog in
violation of this section. 
   (2) 
    (3)  An owner or custodian of an unaltered dog shall
have the dog spayed or neutered  at six months of age or older
 , provide a certificate of sterility, or obtain an unaltered
dog license in accordance with this section. 
   (3) 
    (4)  This subdivision shall not apply to a dog with a
high likelihood, due to age or infirmity, of suffering serious bodily
harm or death if spayed or neutered. The owner or custodian shall
obtain written confirmation of this fact from a veterinarian licensed
in this state. If the dog is able to be  safely 
spayed or neutered at a later date, that date shall be stated in the
written confirmation. If the date for spaying or neutering is more
than 30 days, the owner or custodian shall apply for an unaltered dog
license.
   (b) (1) It is unlawful for any person who owns, keeps, or harbors
any unspayed or unaltered cat six months of age or older to allow or
permit that unspayed or unaltered cat to remain outdoors.
   (2) An owner or custodian of an unaltered cat shall have the
animal spayed or neutered, or provide a certificate of sterility.
   (3) This subdivision shall not apply to a cat with a high
likelihood, due to age or infirmity, of suffering serious bodily harm
or death if spayed or neutered. The owner or custodian shall obtain
written confirmation of this fact from a veterinarian licensed in
this state. If the cat is able to be  safely  spayed
or neutered at a later date, that date shall be stated in the
written confirmation.
   (c) An unaltered dog license may be denied or revoked for one or
more of the following reasons:
   (1)  The owner, custodian, applicant or licensee is not in
compliance with all of the requirements of this section.
   (2) The licensing agency has  received at least two
complaints, verified by the agency,   issued one
citation verified by the agency pursuant to existing policies and
procedures  that the owner, custodian, applicant, or licensee
has allowed a dog to be stray or run at large or has otherwise been
found to be neglectful of his or her or other animals.
   (3) The owner, custodian, applicant, or licensee has been
previously cited for violating a state law, or a city, county, or
other local governmental provision relating to the care and control
of animals.
   (4) The unaltered dog has been adjudicated by a court or an agency
of appropriate jurisdiction to be potentially dangerous, dangerous,
or vicious, or to be a nuisance within the meaning of the state or
local law.
   (5) Any unaltered dog license held by the applicant has been
revoked.
   (6) The license application is discovered to contain a material
misrepresentation or omission of fact. 
   (d) When an unaltered dog license is denied, the applicant may
re-apply for a license upon changed circumstances and a showing that
the requirements of this section have been met. The licensing agency
shall refund one-half of the license fee when the application is
denied. The applicant shall pay the full fee upon reapplication.
 
   (e) When an unaltered dog license is revoked, the owner or
custodian of the dog may apply for a new license after a 30-day
waiting period upon showing that the requirements of this section
have been met. No part of an unaltered dog license fee is refundable
when a license is revoked and the applicant shall pay the full fee
upon reapplication.  
   (f) 
    (d)  The licensing agency shall utilize its existing
procedures for any appeal of a denial or revocation of an unaltered
dog license  , which appeal procedure may include written notice
of the denial or revocation and a reasonable opportunity for the
owner or custodian to respond  . 
   (g) 
    (e)  An owner or custodian who offers any unaltered dog
for sale, trade, or adoption  at the age of four months or the
age required   by the licensing agency  shall be
required to include a valid unaltered dog license number with the
offer of sale, trade, or adoption, or shall otherwise state and
establish compliance with this section. The unaltered dog's license
number, and any  existing  microchip number for the dog,
shall appear on the document transferring ownership of the dog to the
new owner.  License and microchip numbers must appear on a
document transferring the animal to the new owner.  

   (h) 
    (f)  An owner or custodian  of an unaltered cat
  who offers any unaltered cat for sale, trade, or
adoption  shall notify the licensing agency  , if the
jurisdiction requires the licensing of cats,  of the name and
address of the transferee within 10 days after the transfer. Any 
existing  microchip number for the cat shall appear on a
document transferring ownership of the cat to the new owner. 

   (i) 
    (g)  (1) An administrative citation, infraction, or
other authorized penalty may be imposed upon an owner or custodian of
an unaltered dog or cat for a violation of this section only if the
owner or custodian is concurrently cited for another violation under
state or local law pertaining to the obligations of a person owning
or possessing a dog or cat, including  , but not limited to,
 the following:
   (A) Failure to possess a current canine rabies vaccination of the
subject dog.
   (B) Permitting  an owner's   the subject
 dog or cat to roam at large.
   (C) Failure to license  a   the subject 
dog.
   (D) Leash law violations.
   (E) Kennel or cattery permit violations.
   (F) Tethering violations.
   (G) Maintaining a dog or cat in unhealthy or unsanitary
conditions.
   (H) Failure to provide adequate care for the subject dog or cat in
violation of cruelty to animal provisions.
   (I) Rabies quarantine violations for the subject dog.
   (J) Operating a business involving the subject dog or cat without
a license or state tax ID number.
   (K) Fighting dog activity in violation of Section 597.5 of the
Penal Code.
   (L) Unlawfully leaving animals unattended in  motor
vehicles   a motor vehicle in violation of Section 597.7
of the Penal Code  .
   (M) Failure to  take proper care of   comply
with local jurisdict   ion requirements for the keeping of a
dog that has been adjudicated by a court or an agency of appropriate
jurisdiction to be  potentially dangerous, dangerous, or
vicious  animals  . 
   (N) Failure to take proper care of noisy animals. 
   (2) Any owner or custodian of an unaltered dog or cat who is found
to be subject to a penalty under paragraph (1) shall be required to
spay or neuter the unaltered animal in accordance with this section.
 The licensing agency shall utilize its existing procedures for
any appeal of this requirement.  
   (3) At the time a citation is issued pursuant to paragraph (1) or
(2), the licensing agency may provide the owner or custodian
information as to the availability of spaying and neutering services
for free or at a reduced cost.  
   (j) If an 
    (h)     If an unlicensed  unaltered
dog or cat is impounded pursuant to state or local law, in addition
to satisfying applicable requirements for the release of the animal,
including, but not limited to, payment of impound fees pursuant to
this section, the owner or custodian shall also do one of the
following:
   (1) Provide written proof of the dog's or cat's prior
sterilization, if conditions cannot or do not make this assessment
obvious to the licensing agency personnel.
   (2) Have the dog or cat spayed or neutered by a veterinarian
associated with the licensing agency at the expense of the owner or
custodian. That expense may include additional fees due to any
extraordinary care required.
   (3) Arrange to have the dog or cat spayed or neutered by another
veterinarian licensed in this state.  The owner or custodian
shall pay to the licensing agency the cost to deliver the animal to
the chosen veterinarian. The cost to deliver the animal shall be
based on the licensing agency's hourly rate established by the
Controller. The veterinarian shall complete and return to the
licensing agency within 10 days a statement confirming that the dog
or cat has been spayed or neutered or is, in fact, incapable of
breeding and shall release the dog or cat to the owner or custodian
only after the spay or neuter procedure is complete. 
   (4) At the discretion of the licensing agency, the dog or cat may
be released to the owner or custodian if he or she  pays a
refundable deposit consistent with existing practices and procedures,
or  signs a statement under penalty of perjury  ,
 representing that the dog or cat will be spayed or neutered
and that he or she will submit a statement within 10 days of the
release, signed by the veterinarian, confirming that the dog or cat
has been spayed or neutered or is incapable of breeding  , or
confirming that the veterinarian has scheduled the spaying or
neutering operation within a reasonable time  .
   (5) Demonstrate that he or she is in compliance with this section.

   (k) 
    (i)  (1) The owner or custodian of the unaltered dog or
cat shall be responsible for the  established  costs of
impoundment, which shall include daily board costs, vaccination,
medication, and any other diagnostic or therapeutic applications as
required by this section.
   (2) The costs of impoundment shall be a lien on the dog or cat,
and the unaltered animal shall not be returned to its owner or
custodian until the costs are paid  or payment arrangements have
been made  .
   (3) If the owner or custodian of an impounded unaltered animal
does not pay the lien against it in full  within 14 days
  or make payment arrangements within a reasonable time
consistent with the licensing agency's existing holding policies
 , the animal shall be deemed abandoned to the licensing agency
in accordance with this section. 
   (l) 
    (j)  All costs and fines collected under this section
and the fees collected under subdivision  (k)  
(i)  shall be paid to the licensing agency for the purpose of
defraying the cost of the implementation and enforcement of this
section. 
   (k) Nothing in this section shall prohibit a local jurisdiction
from enforcing or enacting local measures that require the spaying or
neutering of all dogs and cats, and shall not prohibit a local
jurisdiction from enacting or enforcing other local measures
pertaining to the obligations of a person owning or possessing a dog
or cat.  
   (l) For the purposes of this section, the following terms have the
following meanings:  
   (1) "Licensing agency" means the municipal city or county animal
control agency or other entity responsible for enforcing laws
relating to animals.  
   (2) "Custodian" means any person who undertakes the personal care
and control of a dog or cat, or any person who intentionally provides
care, security, or sustenance for a dog or cat on the person's
property for any period exceeding 30 days. "Custodian" does not
include a licensing agency. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.