SB 861

Introduced by Senator Speier
( Coauthor: Senator Torlakson ) ( Coauthor: Assembly Member Evans )

February 22, 2005

An act to amend Section 31683 of the Food and Agricultural Code, and to add Chapter 7
(commencing with Section 122330) to Part 6 of Division 105 of the Health and Safety
Code, relating to dogs.

LEGISLATIVE COUNSEL'S DIGEST

SB 861, as amended, Speier Dangerous and vicious dogs. Animals: dogs: spay, neuter, and
breeding programs.

Existing law regulates potentially dangerous and vicious dogs, as specified, and provides
that nothing in these provisions shall be construed to prevent a city or
county from adopting or enforcing its own program for the control of potentially
dangerous or vicious dogs that may incorporate all, part, or none of
these provisions, or that may punish a violation of these provisions as a misdemeanor
or may impose a more restrictive program to control potentially
dangerous or vicious dogs, provided that no program shall regulate these dogs in a manner
that is specific as to breed sets forth provisions relating to veterinary
public health and safety, as specified. Existing law also provides for or regulates spay, neuter, and breeding programs for animals, as specified .

This bill would no longer prohibit authorize local governments from adopting a program
regulating dangerous and vicious dogs that is specific as to breed to enact dog
breed-specific ordinances pertaining only to mandatory spay or neuter programs and
breeding requirements , provided that no specific dog breed, or mixed dog breed, shall be
declared potentially dangerous or vicious under those ordinances . This bill
would require those jurisdictions that do implement such programs to provide quarterly
statistical reports relating to dog bites to the State Public Health
Veterinarian, as specified. The bill would make conforming changes to related
provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 31683 of the Food and Agricultural Code is amended to read:
31683. Nothing in this chapter shall be construed to prevent a city or county from
adopting or enforcing its own program for the control of potentially dangerous or
vicious
dogs that may incorporate all, part, or none of this chapter, or that may
punish a violation of this chapter as a misdemeanor or may impose a more
restrictive program to control potentially dangerous or vicious dogs. Except as provided
in Section 122330 122331 of the Health and Safety Code, no program
regulating any dog shall be specific as to breed. SEC. 2. Chapter 7 (commencing with
Section 122330) is added to Part 6 of Division 105 of the Health and Safety Code, to
read:

CHAPTER 7. SPAY/NEUTER AND BREEDING PROGRAMS FOR ANIMALS 122330.

The Legislature finds and declares all of the following:
(a) Uncontrolled and irresponsible breeding of animals contributes to pet overpopulation,
inhumane treatment of animals, mass euthanasia at local shelters,
and escalating costs for animal care and control; this irresponsible
breeding also contributes to the production of defective animals that present a public
safety risk.

(b) Though no specific breed of dog is inherently dangerous or vicious, the growing pet
overpopulation and lack of regulation of animal breeding practices necessitates
a repeal of the ban on breed-specific solutions and a more immediate
alternative to existing laws.

(c) It is therefore the intent of the Legislature in enacting this chapter to permit
cities and counties to take appropriate action aimed at eliminating uncontrolled and
irresponsible breeding of animals 122331.

(a) Cities and counties may enact dog breed-specific ordinances
pertaining only to mandatory spay or neuter programs and breeding requirements , provided
that no specific dog breed, or mixed dog breed, shall be declared
potentially dangerous or vicious under those ordinances .

(b) Jurisdictions that implement programs described in subdivision (a) shall measure the
effect of those programs by compiling statistical information on dog bites. The
information shall, at a minimum, identify dog bites by severity, the breed of
the dog involved, whether the dog was altered, and whether the breed of dog was
subject to a program established pursuant to subdivision
(a). These statistics shall be submitted quarterly to the State Public Health Veterinarian.



TRACK THE BILL PROGRESS

SB 861 (Speier)
Animals: dogs: spay, neuter, and breeding programs

Introduced: 02/22/05
Amended: 04/20/05
Amended: 06/21/05
Amended: 07/05/05
Amended: 08/15/05
COMM. ACTION : From Committee: That the Assembly Amendments be concurred in. ( Ayes: 06 Noes: 02 PASS )

Bill Location:
Location: Senate Local Government

Bill Analysis
Senate committee analysis (04/11/05)
Senate committee analysis (05/09/05)
Senate committee analysis (05/26/05
) Senate floor analysis (05/28/05)
Assembly committee analysis (06/28/05)
Assembly floor analysis (07/06/05)
Assembly floor analysis (08/17/05)
Senate floor analysis (08/22/05)
Senate floor analysis (08/23/05)
Senate floor analysis (08/24/05)
Senate committee analysis (08/25/05)

Senate Health - 04/13/05
Motion: Do pass as amended, and re-refer to the Committee on Ayes: 7, Noes: 0, Abstentions: 4
Senate Appropriations - 05/09/05
Motion: Placed on Appropriations Suspense file.
Ayes: 13, Noes: 0, Abstentions: 0

Senate Appropriations - 05/26/05
Motion: Do pass.
Ayes: 10, Noes: 2, Abstentions: 1

Senate Floor - 06/02/05
Motion: Senate 3rd Reading SB861 Speier
Ayes: 35, Noes: 4, Abstentions: 1

Assembly Local Government - 06/29/05
Motion: Do pass as amended.
Ayes: 4, Noes: 3, Abstentions: 0

Assembly Floor - 08/15/05
Motion: SB 861 Speier Senate Third Reading Amend By Evans Set #1
Ayes: 44, Noes: 25, Abstentions: 11

Assembly Floor - 08/22/05
Motion: SB 861 Speier Senate Third Reading By Evans
Ayes: 56, Noes: 19, Abstentions: 5
Senate Local Government - 08/29/05
Motion: From committee: That the Assembly Amendments be concurred in.
Ayes: 6, Noes: 2, Abstentions: 1