SB 250 Memo 4/2/09
SENATE LOCAL GOVERNMENT COMMITTEE
|
|
Senator Patricia Wiggins, Chair
BILL NO: SB 250 HEARING: 4/15/09
AUTHOR: Florez FISCAL: Yes
VERSION: 4/2/09 CONSULTANT: Detwiler
DOGS AND CATS
Background and Existing Law
Officials regulate dogs and cats under several state laws and local ordinances. For 2006-07, cities reported spending $131.6 million on animal control services; counties reported spending $117.5 million on their pounds.
The Legislature has declared that the overpopulation of dogs and cats is “a problem of great public concern,” noting that overpopulation causes public health problems, affects local animal control departments, and results in euthanizing too many cats and dogs (AB 1856, Vincent, 1998).
Local animal shelters must care for stray and impounded dogs and cats for six days before euthanizing them (SB 1785, Hayden, 1998). In 2007-08, local governments estimated that it would cost about $17.4 million to comply with this state mandated local program.
State law requires owners to vaccinate their dogs against rabies once the dogs are four months old. Dogs younger than four months must be confined or kept under physical restraint. Most cities and counties require owners to buy dog licenses. State law requires local officials to discount dog and cat licenses by at least half if the animal has been spayed or neutered.
State law requires animal control agencies and shelters to spay or neuter the dogs and cats that they sell or give away. For dogs and cats that are injured or too sick to be spayed or neutered, state law requires the adopter to agree to have the animal sterilized at a later date and pay a sterilization deposit. State law requires fines for the owners of nonspayed or unneutered dogs and cats that are impounded:
* First occurrence: $35. * Second occurrence: $50. * Third and subsequent occurrences: $100.
The funds must be spent for “humane education,” spaying and neutering, and administrative costs (AB 1856, Vincent, 1998; SB 1301, Vincent, 2004).
Some cities and counties have ordinances that require owners to spay or neuter their cats and dogs. State law allows cities and counties to adopt programs to control dangerous dogs that are more restrictive than state law, but these local ordinances can’t be breed-specific (SB 428, Torres, 1989). However, local officials can adopt breed-specific ordinances for their mandatory spay or neuter programs and breeding requirements (SB 861, Speier, 2005).
Despite these restrictions and despite the availability of low-cost spay and neuter services, some legislators say that the state government should do more to reduce the overpopulation of dogs and cats.
Proposed Law
Senate Bill 250 increases the state restrictions that apply to dogs and cats and their owners.
I. Dogs. SB 250:
* Requires dog owners to secure a dog license under the state rabies vaccination law, or as required by the local licensing agency. * Prohibits owning, keeping, or harboring an unaltered and unspayed dog in violation of the bill’s requirements. * Requires the owner or custodian of an unaltered dog that is six months old or older to: o Have the dog spayed or neutered, or o Provide a certificate of sterility, or o Obtain an unaltered dog license.
These requirements do not apply to a dog with a high likelihood of serious bodily harm or death if spayed or neutered. The dog’s owner or custodian must obtain a licensed veterinarian’s written confirmation. If the dog can be spayed or neutered at a later late, that date must be stated in the veterinarian’s confirmation. If the delayed date is more than 30 days, the owner or custodian must apply for an unaltered dog license.
The bill allows local officials to deny or revoke an unaltered dog license if:
* The owner, custodian, applicant, or licensee does not comply with the new law. * The licensing agency has issued one verified citation that the owner, custodian, applicant, or licensee has allowed the dog to be stray or run at large, or has otherwise been neglectful of animals. * The owner, custodian, applicant, or licensee has been previously cited regarding the care and control of animals. * A court has found the dog to be potentially dangerous, dangerous, or vicious, or to be a nuisance. * Any unaltered dog license held by the applicant has been revoked. * The application contains a material misrepresentation or omission.
The licensing agency must use its existing procedures for any appeal of a denial or revocation of an unaltered dog license.
SB 250 requires the owner or custodian of an unaltered dog that is four months old or younger that is offered for sale, trade, or adoption to include a valid unaltered dog license number, or comply with the bill’s requirements. The document transferring the dog’s ownership must include the unaltered dog’s license number and any existing microchip number.
II. Cats. Under SB 250, it is unlawful for anyone who owns, keeps, or harbors an unspayed or unaltered cat older than six months to allow that cat to remain outdoors. The owner of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility. These requirements do not apply to a cat with a high likelihood of serious bodily harm or death if spayed or neutered. The cat’s owner or custodian must obtain a licensed veterinarian’s written confirmation. If the cat can be spayed or neutered at a later date, that date must be stated in the veterinarian’s confirmation.
If a licensing agency requires cat licenses, the bill requires the owner or custodian of an unaltered cat who offers the cat for sale, trade, or adoption to notify the licensing agency of the transferee’s name and address within 10 days after the transfer. The document transferring the cat’s ownership must include any existing microchip number.
III. Dogs and Cats. The owner or custodian of an unaltered dog or cat is subject to an administrative citation, infraction, or penalty for violating the bill’s requirements only if the owner or custodian is concurrently cited for violating another state or local law regarding dog or cat possession, including:
* Failure to have a current rabies vaccination of the subject dog. * Permitting the subject dog or cat to roam at large. * Failure to license the subject dog. * Leash license violations. * Kennel or cattery permit violations. * Tethering violations. * Maintaining a dog or cat in unhealthy or unsanitary conditions. * Failure to provide adequate care for the subject dog or cat. * Violating the subject dog’s quarantine for rabies. * Operating a business involving the subject dog or cat without a license or a state tax ID number. * Criminal dog fighting activity. * Unlawfully leaving animals unattended in a motor vehicle. * Failure to comply with local requirements for keeping a dog that was found to be potentially dangerous, dangerous, or vicious.
SB 250 requires the owner or custodian of an unaltered dog or cat who is subject to penalty because of one of these violations to spay or neuter the animal. The licensing agency must use its existing procedures for any appeals.
When a licensing agency issues a citation for these violations, the agency must give the animal’s owner or custodian information about free or low-cost spaying or neutering services.
SB 250 requires the owner or custodian of an impounded, unlicensed, and unaltered dog or cat to:
* Provide written proof of the animal’s sterilization. * Have the animal spayed or neutered by a veterinarian associated with the licensing agency, at the owner or custodian’s expense. * Have the animal spayed or neutered by another veterinarian. * At the licensing agency’s discretion, pay a refundable deposit or sign a statement under penalty of perjury that: o The animal will be spayed or neutered, and o The owner or custodian will submit a veterinarian’s certificate within 10 days confirming that: + The animal has been spayed or neutered, or is incapable of breeding or + That the spaying or neutering has been scheduled. * Demonstrate that the person complies with the bill’s requirements.
SB 250 makes the owner or custodian of an unaltered dog or cat responsible for impoundment costs. These costs are a lien against the dog or cat and the bill prohibits the animal’s return to the owner or custodian until the costs are paid or payment arrangements have been made. If the owner or custodian doesn’t pay the lien or make the payments, the bill declares the animal to be abandoned to the licensing agency.
IV. General Provisions. SB 250 directs the resulting costs and fines, including the impoundment fees, to the licensing agency to defray its implementation and enforcement costs.
The bill declares that the new law does not prohibit a local jurisdiction from enacting or enforcing local measures:
* That require spaying or neutering of all dogs and cats. * Regarding the obligations of people who own or possess dogs or cats.
SB 250 also defines “licensing agency” and “custodian” for the purpose of the new law.
Comments
1. Taking responsibility. Tackling the problems caused by dog and cat overpopulation requires the combined efforts of animal owners, pet breeders, veterinarians, private organizations, local officials, and state leaders. Many owners and breeders already control the number and sizes of their animals’ litters. Many veterinarians contribute their services to free and low-cost spay and neuter programs. Private organizations actively educate the public about overpopulation problems and solutions. Local officials have adopted tough ordinances to curb dog and cat overpopulation. Yet despite these efforts and some successes, California still endures the problems caused by overpopulation. But not all animal owners are responsible. Uncontrolled litters result in inappropriate cross-breeding, feral cats, and unwanted dogs. Those who fail to take personal responsibility for their animals create expensive problems for all taxpayers. SB 250 confronts the problem of dog and cat overpopulation by imposing strict consequences on the owners of unaltered dogs and cats that get into trouble. Those who violate the new requirements will have to change their ways or spay or neuter their animals.
2. Personal responsibility, public regulation. As the lists of the bill’s supporters and opponents shows, owning and caring for dogs and cats is deeply emotional for many people. Although most animal owners acknowledge the public health and public finance problems caused by dog and cat overpopulation, they oppose government requirements for spaying or neutering animals. While there is support for altering abandoned animals that will be released from public animal shelters, many oppose the mandatory spaying and neutering of owned animals. Some owners resent even the existing state and local limits on how they treat their animals, believing that these decisions are best left to the owners themselves. Responsible owners and breeders want what’s best for their dogs and cats. The Committee may wish to consider whether the mandatory spay and neuter requirements in SB 250 go too far.
3. Three big problems. The 1989 Vincent bill identified three public policy problems that result from uncontrolled dog and cat overpopulation: public health, public costs, and unnecessary euthanization. The Legislature declared that the most effective solution is spaying and neutering. Some cities and counties already have mandatory spay and neuter ordinances. The Committee may wish to consider whether the restrictions in SB 250 will reduce the number of unwanted dogs and cats. The Committee may wish to consider other, nonregulatory approaches. For example, the Legislative Analyst has recommended that the Legislature repeal the longer shelter holding period mandated by the 1998 Hayden bill. Instead, “the Legislature could pilot an incentive program that gives funding to those shelters that increase the number of animals successfully adopted.” The LAO noted that “the state could give local government shelters $30 for every dog or cat adopted for a total annual cost of about $12 million.” That price-tag is less than the cost of paying for the Hayden holding period mandate.
4. Legislative history. In June 2008, the Senate Local Government Committee voted 3-2 to pass AB 1634 (Levine) which imposed civil penalties on the owners of unspayed or unneutered dogs or cats. The Levine bill failed on the Senate Floor by the vote of 5-27.
5. Technically speaking. The state has regulated the behavior of dogs, cats, and their owners for decades, resulting in two separate divisions of the Food and Agriculture Code --- Division 14 for dogs and Division 14.5 for cats. Some parts of the new law created by SB 250 apply to dogs, some parts apply to cats, and some parts apply to both dogs and cats. Nevertheless, the bill places the new law entirely within the statutory division that applies to dogs. To avoid misunderstanding, the Committee should adopt technical amendments that move the provisions of SB 250 that apply to cats to the statutory division that regulates cats. Subdivisions (b) and (f) belong in Division 14.5, as do the references to cats in subdivisions (g), (h), (i), (j), (k), and (l).
Support and Opposition (4/9/09)
It is the Committee staff’s custom to prepare lists of a bill’s supporters and opponents by asking the bill’s author for that information. The Committee’s staff supplements the information that the author provides with the letters that the Committee has received. These lists report the information that was available on Thursday morning, April 9.
Support:
Letters and petitions from more than 1,000 people
A Dogs Life Rescue
A New Hope Animal Foundation (Auburn)
A New Hope Animal Foundation (Loomis)
A Passion for Paws Rescue, Inc - La Jolla
AAA Animal Control
AdoptAPet.com
All Creatures Animal Caring Society
Alpha Canine Sanctuary
American Tortoise Rescue
Animal Alliance
Animal Birth Control Assistance
Animal Care Center of Indio
Animal Helpline
Animal Medical Hospital Animal Protection Rescue League
Animal Samaritan Inc.
Animal Shelter Relief Rescue
Animal Welfare Services for Atwater Village
Antioch Animal Services Volunteer
At the Very Leash
Basset Hound Rescue
Bay Area Bird Hospital
Benevolent Animal Rescue Committee, Inc.
Beth Shaw Rentals
Beverly Hills Police Department
Bichon FurKids Rescue (Dana Point)
Bichon FurKids Rescue (El Cajon)
Bichon FurKids Rescue (Foothill Ranch)
Bichon FurKids Rescue (Huntington Beach)
Bichon FurKids Rescue (Menifee)
Bichon FurKids Rescue (Mission Viejo)
Bichon FurKids Rescue (San Diego)
Bichon FurKids Rescue (Yorba Linda)
Bob Barker
Canine Canyon Ranch
Capitola Police Department
Cat Cause Foundation
Cats at the Studio
Cats In Need
Central California SPCA
Central Valley Seekers
City of Desert Hot Springs Animal Shelter
City of Encinitas Mayor Maggie Houlihan
City of Fresno
City of Hawthorne Animal Shelter
City of Hayward Shelter Volunteers
City of Huntington Beach Mayor Keith Bohr
City of Lathrop
City of Santa Rosa Councilmember Veronica Jacobi
City of Stockton
City of Vallejo
City of Vallejo Councilmember Stephanie Gomes
City of West Hollywood
Coachella Valley Society for the Prevention of Cruelty to Animals
Community Concern For Cats (Contra Costa County)
Community Concern for Cats (Pittsburg)
Compassion For Animals
County of Kern
County of Lake Department of Animal Care & Control
County of Placer
Delta Paws Animal Rescue
DJ&T Foundation
Dog Land - Manhattan Beach
East Bay Animal Advocates
Family and Furry Friends Rescue
Feral Cat Coalition
Foundation for the Care of Indigent Animals
Friends of Madera Animal Shelter
Furry Friends Rescue (Elk Grove)
Furry Friends Rescue (Fremont)
Genesis Digital Art Studios
Girly Things Boutique in Manhattan Beach
Happy Critters Guinea Pig Rescue
Hayward Animal Shelter
Healthy Habits Studio
Helping Out Pets Everyday (Montclair)
Helping Out Pets Everyday (Upland)
Hemet City Animal Control
Hermosa Beach Animal Control
Hits
Home at Last Animal Rescue (Berkeley)
Home at Last Animal Rescue (Corte Madera)
HOPE Animal Foundation
Husky Haven of Los Angeles
IAG Coffee Franchise, LLC
In Defense of Animals
Ingram Micro, Inc.
It's The Grind Coffee House
It’s The Pits Rescue
Karma Rescue - Los Angeles
LA YOGA Ayurveda and Health Magazine
Laguna Beach Feline Rescue
Lake Balboa Neighborhood Council
Last Chance for Animals
Lawndale City Animal Control
League of Humane Voters California Chapter
Living Free Animal Sanctuary
Loving All Animals, Inc.
Mickaboo Companion Bird Rescue
Muttville
Nitta Erosion Control
NorCal Boxer Rescue
North Bay Animal Advocates
North Coast Animal Welfare Advocacy Center
North Start Pet Assistance
OCPoundhounds Small Breed Rescue
Pacific Yoga and Ayurveda
PACT, Inc.
Pallas Investment Partners
Palm Desert Animal Control
Palms N Paws
Paw Parent
People for the Ethical Treatment of Animals
Pet Rescue Center
Pet Sitters I.N.C.
Pet Welfare Proposition
Photo Research
Pilates Fit Studio
Poinsie Pets Animal Rescue
Producers Guild of America
PURRfect Partners Cat Adoptions
Ramona Animal Shelter
Re/Max Elite Team
Redlands Animal Shelter
Redondo Beach Animal Control
RESQCATS Inc.
ResQPet
Richmond Police Department
Safe Cat Foundation
SamsonPR
San Bernardino Valley Humane Society
San Diego Animal Support Foundation
San Diego House Rabbit Society
Santa Cruz County Animal Services Authority
Santa Cruz SPCA
Save A Dog Today
Scooter's Pals
Seal Beach Animal Care Center
Seaside Realty
Second Chance Animal Rescue (San Diego)
Second Chance Animal Rescue (Woodstock)
Senior Citizens For Humane Legislation and Education
Sequoia Humane Society
Shelter Animal Advocacy Fund
Soaring, LLC
Social Compassion In Legislation
South Bay Animal Shelter
South County Animal Shelter Coalition
Southern California Golden Retriever Rescue
Southland Collie Rescue
Southwest Homes and Land Turtle and Tortoise & Animal Rescue
Stockton Animal Shelter
Stockton Police Department
Strangebird Art
Support Alliance for Stray Animals
Tails of the City Animal Rescue
Take Me Home Rescue
The Catherine Fund
The Pet Care Foundation
The Pet Rescue Center
The Uncommon Canine, Inc.
Torrance Animal Control
UCLA People Animal Connection
United Action for Animals
United Activists for Animal Rights
VCA Desert Animal Hospital
Village Cat Club of Laguna Woods
Voice for the Animals Foundation
Water Music Records
Western University Veterinarians for Spay and Neuter
WildCare
Windansea Law
Wuffington Wag
YogaFit Inc.
Yucaipa Valley Animal Placement
Opposition:
Letters and petitions from more than 1,000 people
Akita Club of America, Inc.
Alaskan Malamute Club of America
Alameda County Schutzhund & Police K-9 Club
Alley Cat Allies
American Belgian Tervuren Club, Inc.
American Brittany Club, Inc.
American Herding Breed Association
American Kennel Club
American Pomeranian Club, Inc.
American Saluki Association
American Sighthound Field Association
Anatolian Shepherd Dog Club of America, Inc.
Anatolian Shepherd Dogs International, Inc.
Applied Backflow Technologies
Associated Rottweiler Fanciers of Northern California
ATAS Soft Coated Wheaten Terriers
Atherton Acres Boarding and Training Kennels
Bakersfield Obedience Training Club
Basset Hound Club of Southern California
Bix-L Boxers
Bizzy B Cairn Terriers
Bloodhounds West Breed Rescue, Inc., Northern Chapter
Bonita Cat Fanciers
Borzoi Club of California
Boxer Club of San Fernando Valley
Bull Terrier Club of America, Inc.
Bulldog Club of America, Div. III
Bulldog Club of Northern California, Inc.
Butte County Kennel Club, Inc.
California Airedale Terrier Club Incorporated
California Central Valley Maltese Club
California English Setter Club
California Federation of Dog Clubs
California Greyhound Coursing Association
California Outdoor Heritage Alliance
California Responsible Pet Owners’ Coalition/CaRPOC
California Rifle and Pistol Association, Inc.
Canine Specialized Search Team
Cavalier King Charles Spaniel Club of Southern California
CHAKO
Channel City Kennel Club
Chow Fanciers of Southern California
Concerned Dog Owners of California
City of Angeles Pomeranian Club Inc.
City of Highland
Contra Costa County Kennel Club
Coso Dog Fanciers of California, Inc.
Dachshund Club of California
Davis Dog Training Club, Inc.
Deep Peninsula Dog Training Club
Del Arroyo 4-H Club
Del Fur Kennel Club
Doberman Pinscher Club of Northern California, Inc.
Elkhorn Plaza Veterinary Clinic
English Cocker Spaniel Club of Northern California
Feather River Dog Training Club
Franciscan Silver & Golden Fanciers
German Shepherd Dog Club of America
German Shepherd Dog Club of Los Angeles
German Shorthaired Pointer Club of San Diego
Golden Empire Brittany Club
Golden Gate Cat Club
Golden Gate English Springer Spaniel Association
Golden Gate Greater Swiss Mt. Dog Rescue
Golden Retriever Club of Greater Los Angeles
Golden State American Staffordshire Terrier Club
Great Dane Club of California
Greater San Diego Whippet Association
Grunenfeld German Shepherds
Harrier Club of America
Inland Empire English Setter Club
Inland Empire Hound Club of Southern California
Irish Terrier Club of America
Irish Terrier Club of Southern California
Irish Wolfhound Club of America, Inc.
Kansas City Dog Advocates
Kennel Club of Palm Springs
Law Offices of Janet Vining Mitchell
Los Encinos Kennel Club
Los Angeles Animal Services (LAAS)
Los Angeles Doberman Pinscher Club, Inc.
Los Angeles Poodle Obedience Club, Inc.
Los Padres Obedience Club, Inc.
Maine Attraction Cat Fanciers
Maryland Dog Federation, Inc.
Mother Lode Bulldog Club of Sacramento
National English Shepherd Rescue
National Pet Alliance
National Rifle Association of America
Nerds to the Rescue
Newfoundland Club of Southern California
Nicolas Studio Inc.
Norcal Golden Retriever Club, Inc.
Norcal Golden Retriever Rescue
Nor-Cal Toy Dog Fanciers
Nor-Cal Treehound Association
Northern California Brittany Club
Northern California Bulldog Rescue
Northern California Irish Wolfhound Club
Northern California Samoyed Fanciers
Northern California Siberian Husky Club, Inc.
Northern California Terrier Association
Northern California Toy Fox Terrier Club Rescue
Northern California Whippet Fanciers Association, Inc.
Northern California Whippet Rescue Committee
Orange Coast Rhodesian Ridgeback Club
Orange Empire Dog Club, Inc.
Outdoor Sportsmen’s Coalition of California
Pacific Coast Bulldog Club
PetPAC
Poodle Club of Central California
Portuguese Water Dog Club of Northern California
Professional Stewards Association of Northern California
Sacramento Council of Dog Clubs, Inc.
Sacramento Sierra Norwegian Elkhound Club, Inc.
Sacramento Valley Boxer Club
Sacramento Valley Dog Franciers
Safari Club International Foundation
Safari Club International (SCI)
Salmon Creek Ranch
Saluki Club of Greater San Francisco
San Angeles Saluki Club, Inc.
San Francisco Dog Training Club, Inc.
San Francisco Revelers
San Joaquin Kennel Club
San Lorenzo Dog Training Club, Inc.
Santa Clara Dog Training Club, Inc.
Santa Clara Valley Kennel Club
Savannah Cat Rescue
Schipperke Club of Southern California
Shetland Sheepdog Club of Northern California
Show and Sport Optimizing Animal Health Naturally
SoCal Belgian Shepherd Rescue
Somis Schutzhund Club
South Bay Kennel Club, Inc.
Southern California Alaskan Malamute Club Inc.
Southern California Golden Retriever Rescue
Southern California Schutzhund Club
Southern California Siamese Rescue
Staffordshire Bull Terrier Club of America
Standard Schnauzer Club of Southern California
Stanislaus County Schutzhund Club
Tally Ho Dawg Walkin’ Club
The Animal Council
The Borzoi Club of Northern California
The Bay Area Rhodesian Ridgeback Club
The California Sportsman’s Lobby
The Cat Fanciers’ Association, Inc.
The City of Angels Pomeranian Club, Inc.
The English Shepherd Club
The Golden Gate Shih Tzu Fanciers
The International Cat Association, Inc.
The Irish Water Spaniel Club of America
The Kennel Club of Palm Springs
The Toy Fox Terrier Club of Northern California Rescue
Tule River Houndsmen
Tonkinese Breed Association
Two Cities Kennel Club
United States Society for the Prevention of Cruelty to Others
Ventura County Dog Fanciers Association
Way Out West Schutzhund Club
West Highland White Terrier Club of California
West Shore Shorthair Cat Club
Western Rottweiler Owners Club
Working Riesenschnauzer Federation
Yorkshire Terrier Club of Los Angeles
