Bill Text: CA SB64 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Dogs and cats: microchip implants.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Vetoed) 2020-01-13 - Veto sustained. [SB64 Detail]

Download: California-2019-SB64-Amended.html

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Amended  IN  Senate  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 64

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Introduced by Senator Chang
(Coauthor: Senator Wilk)
(Coauthor: Coauthors: Assembly Member Members Choi, Cristina Garcia, and O’Donnell)

January 07, 2019

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An act to add Sections 31108.3 and 31752.1 to the Food and Agricultural Code, relating to animals.

LEGISLATIVE COUNSEL'S DIGEST

SB 64, as amended, Chang. Dogs and cats: microchip implants.

Existing law requires that the holding period for a stray dog or cat impounded in a shelter be 6 business days, not including the day of impoundment, with exceptions, as provided. Existing law requires a shelter, during this holding period and before adoption or euthanasia, to scan the dog or cat for a microchip that identifies the owner of that dog or cat and to make reasonable efforts to contact the owner.

This bill would prohibit a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from releasing a dog or cat to an owner seeking to reclaim it, or adopting out, selling, or giving away a dog or cat to a new owner, unless the dog or cat is microchipped. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. microchipped with current information on the owner or new owner or, if the shelter or rescue group does not have microchipping capability on location, the shelter or rescue group first obtains from the owner or new owner an agreement to present to the shelter or rescue group, within the next 30 days, proof that the dog or cat is microchipped, as provided. The bill would include an exception for a dog or cat that is medically unfit for a microchipping procedure, as provided. Under the bill, a shelter or rescue group that violates these provisions would be subject to a civil penalty of $500.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 31108.3 is added to the Food and Agricultural Code, to read:

31108.3.

 A (a) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a dog to an owner seeking to reclaim it, or adopt out, sell, or give away a dog to a new owner, unless the one of the following conditions is met:

(1) The dog is microchipped. microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable.

(2) If the shelter or rescue group does not have microchipping capability on location, the shelter or rescue group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement to present to the shelter or rescue group, within the next 30 days, proof that the dog is microchipped as described in paragraph (1).

(b) Notwithstanding subdivision (a), this section does not require a dog to be microchipped if a licensed veterinarian certifies in writing that the dog is medically unfit for the microchipping procedure because the dog has a physical condition that would be substantially aggravated by the procedure.

(c) (1) A shelter or rescue group that violates this section is subject to a civil penalty of five hundred dollars ($500).

(2) Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.

SEC. 2.

 Section 31752.1 is added to the Food and Agricultural Code, to read:

31752.1.

 A (a) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless the one of the following conditions is met:

(1) The cat is microchipped. microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable.

(2) If the shelter or rescue group does not have microchipping capability on location, the shelter or rescue group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement to present to the shelter or rescue group, within the next 30 days, proof that the cat is microchipped as described in paragraph (1).

(b) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure.

(c) (1) A shelter or rescue group that violates this section is subject to a civil penalty of five hundred dollars ($500).

(2) Section 9 does not apply to a violation of this section.

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.