BILL NUMBER: SB 250	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 31, 2009
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 21, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Florez
    (   Coauthors:   Assembly Members 
 Nava   and Solorio   ) 

                        FEBRUARY 24, 2009

   An act to add Sections 30804.6 and 31751.4 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 shall own, keep, or harbor, except as specified, an
unsterilized dog, as defined. It would make it unlawful for any
person who owns, keeps, or harbors any unsterilized cat, as defined,
6 months of age or older to allow or permit that cat to roam at
large. It would require any owner or custodian, as defined, of an
unsterilized dog to have the animal sterilized at 6 months of age,
obtain a certificate of sterility, or, if provided by local
ordinance, obtain an unaltered dog license  , which license shall
be defined and issued as specified  . It would require an owner
or custodian of an unsterilized cat who permits that cat to roam at
large to have the cat sterilized or obtain 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 or to establish new procedures for
any appeal of a denial or revocation of an unaltered dog license. The
bill would authorize the licensing agency to assess a fee for the
procedures related to the issuance, denial, or revocation of an
unaltered dog license.
   This bill would require an owner or custodian who offers any
unsterilized dog or cat for sale, trade, or adoption to meet
specified requirements. It would permit any authorized penalty for a
violation of certain provisions relating to dogs to be imposed only
if the owner or custodian  is   has 
concurrently  cited for violation of   violated
 one or more of other specified provisions.  It would permit
the licensing agency to impose any existing fine or penalty against
the owner or custodian of an unaltered dog or cat if the owner or
custodian fails to provide required sterilization  
information about the unaltered dog or against an owner or custodian
who surrenders an unaltered dog or cat if the owner or custodian
fails to otherwise comply with applicable provisions. The bill would
permit the licensing agency to impose a penalty of up to $100 per day
against the owner or custodian of an unaltered cat who fails to
provide required sterilization information.  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  ,   which may include
specified costs, unless the fees are waived, as specified  . 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.  The bill
would not be applicable to any owner or breeder of a dog used in the
business of shepherding, herding, or guarding livestock, or
cultivating agricultural products, to any owner or breeder of a dog
used for hunting or for the purposes of field trials, or to any owner
or trainer of a guide dog, signal dog, service dog, peace officer's
dog, or firefighter's dog, as defined, provided the dog is licensed,
as specified, and the owner or breeder has purchased any required
hunting license. The bill would provide that its provisions shall not
be construed to prevent any local governing body from adopting more
stringent requirements.  By creating new crimes, 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 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 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 30801,  Section 121690 of the
Health and Safety Code  ,  or as required by the local
licensing agency.
   (2) No person shall own, keep, or harbor an unsterilized dog in
violation of this section.
   (3) An owner or custodian of an unsterilized dog shall have the
dog sterilized by the age of six months, obtain a certificate of
sterility, or,  if   as  provided for by
ordinance of the responsible city, county, or city and county, obtain
an unaltered dog license in accordance with this section.  The
responsible city, county, or city and county shall issue the
unaltered dog license consistent with Section 30804.5. 
   (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 surgically sterilized. 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 sterilized at a later date,
that date shall be stated in the written confirmation. If the date
for sterilization in the written confirmation is more than 30 days
after the date that the owner or custodian receives that
confirmation, the owner or custodian shall apply for an unaltered dog
license pursuant to any applicable city, city and county, or county
ordinance.
   (b) The licensing agency shall utilize its existing procedures or
may establish procedures for the denial or revocation of an unaltered
dog license and may deny or revoke a license 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 owner, custodian, applicant, or licensee has violated a
state law, or a city, county, or other local governmental provision
relating to the care and control of animals.
   (3) Any unaltered dog license held by the applicant has been
revoked for violating a state law, or a city, county, or other local
government provision relating to the care or control of animals.
   (4) The license application is discovered to contain a material
misrepresentation or omission of fact. 
   (5) In any case in which the owner or custodian of a dog with an
unaltered dog license is cited for permitting the dog to roam at
large, the license of the dog shall not be subject to revocation for
a first violation, if at the time the dog roams at large the dog
possesses a current license pursuant to Section 30801, Section 121690
of the Health and Safety Code, or as required by the local licensing
agency. 
   (c) The licensing agency shall utilize its existing procedures or
may establish 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.
   (d) The licensing agency may assess a fee for the procedures
related to the issuance, denial, or revocation of an unaltered dog
license consistent with this chapter.
   (e) An owner or custodian who offers any unsterilized dog for
sale, trade, or adoption  at four months of age or older or
the age required by   shall notify  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
  of the name and address of the transferee within 10
days after the transfer. Any existing  unaltered dog's license
number  , and any existing   and  microchip
number for the dog  ,  shall appear on the document
transferring ownership of the dog to the new owner.
   (f) (1) Any authorized penalty may be imposed upon an owner or
custodian of an unlicensed, unaltered dog for a violation of this
section only if the owner or custodian  is   has
 concurrently  cited for   violated 
one or more of the following:
   (A) Permitting the subject dog to roam at large.
   (B) Failure to provide adequate care for the subject dog in
violation of animal cruelty provisions.
   (C) Rabies quarantine violations for the subject dog.
   (D) Fighting dog activity in violation of Section 597.5 of the
Penal Code.
   (E) Failure to comply with the local jurisdiction's 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.
   (F) Failure to possess an unaltered dog license.
   (2) Any owner or custodian of an unaltered dog who is found to be
subject to a penalty under paragraph (1) shall be required to
surgically sterilize the unaltered animal in accordance with this
section  and shall provide the licensing agency written
verification from a licensed veterinarian that the subject dog has
been sterilized  . The licensing agency may utilize procedures
as they exist on the effective date of this  Section
  section  for any appeal of this requirement.

   (3) Any owner or custodian of an unaltered dog who is lawfully
using that dog for the pursuit or taking of mammals pursuant to
Section 265 of Title 14 of the California Code of Regulations or for
the lawful pursuit or taking of migratory game birds, game birds,
ducks, and other permitted water fowl and has lawfully purchased a
hunting license as provided in Section 3031 of the Fish and Game Code
shall not be in violation of subparagraph (A) of paragraph (1).
 
   (4) 
    (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 sterilization
services for free or at a reduced cost. 
   (f) 
    (g)  If an unlicensed unaltered dog 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 prior sterilization, if
conditions cannot or do not make this assessment obvious to the
licensing agency personnel.
   (2) Have the dog surgically sterilized 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   Have  the dog
surgically sterilized by another veterinarian licensed in this state.

   (4) At the discretion of the licensing agency, the dog 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 will be
surgically sterilized and that he or she will submit a statement by
the deadline set by the licensing agency, but in no case less than 10
days after the release, signed by the veterinarian, confirming that
the dog has been surgically sterilized or is incapable of breeding
 , or confirming that the veterinarian has scheduled the
operation within a reasonable time  . 
   (5) The licensing agency may, at its discretion, waive any
impoundment fee, cost, or fine, if upon the first impoundment the
owner or custodian of the unlicensed unaltered dog does both of the
following:  
   (A) Secures a license for the subject dog pursuant to Section
30801, Section 121690 of the Health and Safety Code, or as required
by the local licensing agency.  
   (B) Sterilizes the subject dog in accordance with this section.
 
   (h) The licensing agency may impose any existing fine or penalty,
consistent with this chapter, against the owner or custodian of the
subject dog for failure to provide any required sterilization
information, including any denial of an unaltered license. The
licensing agency may utilize procedures as they exist on the
effective date of this section for any appeal of this requirement.
 
   (g) 
    (i)  The owner or custodian of the unaltered dog shall
be responsible for the established costs of impoundment, which
 shall   may  include daily board costs,
vaccination, medication, and any other diagnostic or therapeutic
applications as required by this section. The owner or custodian
shall comply with any additional impoundment procedures.  Any fee
that may be imposed pursuant to subdivision (h) shall be applicable
to an owner or custodian who surrenders a dog that is subject to this
section, if the owner or custodian fails to otherwise comply with
applicable provisions of this section.  
   (h) 
    (j)  All costs and fines collected under this section
and the fees collected under subdivision  (g)  
(i)  shall be paid to the licensing agency for the purpose of
defraying the cost of the implementation and enforcement of this
section. 
   (i) 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 this section 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.
 
   (k) This section shall not be construed to prevent any local
governing body from adopting requirements that are more stringent
than those set forth in this section.  
   (l) Nothing in this section shall apply to any of the following,
provided the subject dog is licensed pursuant to Section 30801,
Section 121690 of the Health and Safety Code, or as required by the
local licensing agency:  
   (1) Any owner or breeder of a dog used in the business of
shepherding, herding, or guarding livestock.  
   (2) Any owner or breeder of a dog used in the business of
cultivating agricultural products.  
   (3) Any owner or breeder of a dog used for hunting or for purposes
of field trials, provided the owner or breeder has lawfully
purchased a hunting license as provided in Section 3031 of the Fish
and Game Code.  
   (4) Any owner or trainer of a guide dog, signal dog, or service
dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 of
the Penal Code or Section 54.1 of the Civil Code.  
   (5) Any owner or trainer of a peace officer's or firefighter's
dog, as defined in Section 54.25 of the Civil Code.  
   (j) 
    (m)  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 any person who intentionally provides care,
security, or sustenance for a dog on the person's property for any
period exceeding 30 days. "Custodian" does not include a licensing
agency.
   (3) "Sterilize" means to permanently eliminate the ability of a
dog to reproduce by removing the sex organs or preventing them from
functioning. 
   (4) "Unaltered dog license" means a dog license that must be
issued at full cost by the licensing agency pursuant to Section 30801
unless a certificate is presented from a licensed veterinarian that
establishes that the dog has been sterilized. 
  SEC. 2.  Section 31751.4 is added to the Food and Agricultural
Code, to read:
   31751.4.  (a) (1) It is unlawful for any person who owns, keeps,
or harbors any unsterilized cat six months of age or older to allow
or permit that unsterilized cat to roam at large.
   (2) An owner or custodian of an unsterilized cat who permits that
cat to roam at large shall have the animal sterilized, or obtain 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 sterilized. 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 sterilized at a later date, that date shall
be stated in the written confirmation.
   (b) An owner or custodian who offers any unsterilized 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  or license  number for the cat shall appear on a
document transferring ownership of the cat to the new owner.
   (c) If an unaltered 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 cat's prior sterilization, if
conditions cannot or do not make this assessment obvious to the
licensing agency personnel.
   (2) Have the cat surgically sterilized 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   Have  the cat
surgically sterilized by another veterinarian licensed in this state.

   (4) At the discretion of the licensing agency, the 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 cat will be
surgically sterilized and that he or she will submit a statement by
the deadline set by the licensing agency, but in no case less than 10
days after the release, signed by the veterinarian, confirming that
the cat has been surgically sterilized or is incapable  of
breeding, or confirming that the veterinarian has scheduled the
operation within a reasonable time.   of breeding. 

   (d) If an owner or custodian is required to have the cat
surgically sterilized pursuant to subdivision (c), the owner or
custodian shall provide the licensing agency written verification
from a licensed veterinarian that the subject cat has been
sterilized. The licensing agency may impose a penalty pursuant to
Section 30804.7 not to exceed one hundred dollars ($100) per day, in
addition to any other existing penalty which may be imposed
consistent with this chapter, against the owner or custodian if the
owner or custodian fails to provide the required sterilization
information. The licensing agency may utilize procedures as they
exist on the effective date of this section for any appeal of this
requirement.  
   (d) 
    (e)  The owner or custodian of the unaltered cat shall
be responsible for the established costs of impoundment, which
 shall   may  include daily board costs,
vaccination, medication, and any other diagnostic or therapeutic
applications as required by this section. The owner or custodian
shall comply with any additional impoundment procedures.  Any fee
that may be imposed pursuant to this section shall be applicable to
an owner or custodian who surrenders a cat that is subject to this
section if the owner or custodian fails to otherwise comply with
applicable provisions of this section.  
   (e) 
    (f)  All costs and fines collected under this section
and the fees collected under subdivision (e) shall be paid to the
licensing agency for the purpose of defraying the cost of the
implementation and enforcement of this section. 
   (f) Nothing in this section shall prohibit a local jurisdiction
from enforcing or enacting local measures that require the spaying or
neutering of all cats, and this section shall not prohibit a local
jurisdiction from enacting or enforcing other local measures
pertaining to the obligations of a person owning or possessing a cat.
 
   (g) This section shall not be construed to prevent any local
governing body from adopting requirements that are more stringent
than those set forth in this section.  
   (g) 
    (h)  For the purposes of this section, the following
terms have the following meanings:
   (1) "Custodian" means any person who undertakes the personal care
and control of a cat, or any person who intentionally provides care,
security, or sustenance for a cat on the person's property for any
period exceeding 30 days. "Custodian" does not include a licensing
agency.
   (2) "Licensing agency" means the municipal city or county animal
control agency or other entity responsible for enforcing laws
relating to animals.
   (3) "Sterilize" means to permanently eliminate the ability of a
cat to reproduce by removing the sex organs or preventing them from
functioning.
   SECTION 3.   SEC. 3.   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.