May be heard in committee March 19

This bill would require that no:
public pound
shelter
breeder
pet shop
or individual
shall sell or give away
any dog or cat that has not been spayed or neutered.
Any person who intends to purchase, sell, or own a dog or cat that has not been spayed or neutered would be required to register as a breeder and pay a $100.00 fee to their local animal control agency.

THIS IS NO JOKE PEOPLE....PLEASE CONTACT YOUR CONGRESSMAN NOW!!!!




INTRODUCED BY   Assembly Member Vincent

                        FEBRUARY 13, 1998

   An act to amend Sections 30503 and 31751 of, to add Sections
30503.5 and 31751.1 to, and to repeal Section 31751.5 of, the Food
and Agricultural Code, relating to dogs and cats.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1856, as introduced, Vincent.  Dogs and cats: overpopulation:
spaying and neutering.
   (1) Existing law prohibits each public pound, society for the
prevention of cruelty to animals shelter, and humane shelter from
selling or giving away any dog or cat that has not been spayed or
neutered, unless a deposit for spaying or neutering the dog has been
tendered, as prescribed.
   This bill would apply that prohibition also to breeders, pet
shops, and individuals.  The bill would delete the provisions
governing the payment of a deposit.
   The bill would require any person who intends to purchase, sell,
or own a dog or cat that has not been spayed or neutered to register
as a breeder with the city or county agency charged with the duty of
animal control and to pay the organization charged with maintaining
the list of licensed breeders a registration fee of $100.
   The bill would make related changes.
   Because, under existing law, a violation of any provision of the
bill would be a misdemeanor, the bill would impose a state-mandated
local program by creating a new crime.
  (2) 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.  (a) The Legislature finds and declares that
overpopulation of dogs and cats in California has become a problem of
great public concern.  The overpopulation causes public health
problems, adversely affects city and county animal control
departments, and results in needlessly euthanized dogs and cats.
   (b) It is the intent of the Legislature, in enacting this act, to
reduce the number of unwanted dogs and cats in California.  In order
to reduce the number of stray dogs and cats on the streets, and the
number euthanized in shelters each year, the birth rate must be
reduced.  Although the point may seem obvious, humans generally give
birth to a single offspring, while dogs and cats give birth to
litters.  Additionally, dogs and cats reach sexual maturity
relatively young and their gestation periods are comparatively short.
The single most effective prevention of overpopulation among canine
and feline populations is spaying and neutering.
   (c) Current law has certain requirements for spaying and
neutering, but overpopulation problems still exist because there are
too many exemptions in current law.  It is the intent of the
Legislature, in enacting this act, to eliminate the exemptions and
make it more difficult for unaltered animals to roam free and
reproduce.
  SEC. 2.  Section 30503 of the Food and Agricultural Code is amended
to read:
   30503.   (a)  No public pound, society for the
prevention of cruelty to animals shelter,  or 
humane shelter  , breeder, pet shop, or individual  shall
sell or  give away any dog that has not been spayed or neutered
 , unless a deposit for spaying or neutering the dog has been
tendered to the pound or shelter.  The deposit shall be in the
amount determined by the pound or shelter to be comparable to the
lowest fee charged by veterinarians in the locale, but shall not
exceed forty dollars ($40).  A veterinarian shall perform the
operation.  If a female dog and her puppies are sold or given away to
one individual, only a single deposit shall be required.  The pound
or shelter may make appropriate arrangements for the spaying or
neutering of the dog, or may return the deposit to the person
purchasing or receiving the dog upon presentation of a written
statement or receipt from the veterinarian or clinic that the dog has
been spayed or neutered.  The deposit may also include an amount
necessary to recover any additional costs under this section.
   (b) Any dog over six months of age at the time it is sold or given
away by the pound or shelter shall be spayed or neutered within 60
days, or the deposit shall be deemed unclaimed.  Any dog six months
of age or younger at the time it is sold or given away by the pound
or shelter shall be spayed or neutered within six months, or the
deposit shall be deemed unclaimed.
   (c) Any deposit not claimed  under subdivision (a) shall be used
only for the following purposes:
   (1) A public education program to prevent overpopulation of dogs
and cats.
   (2) A program to spay or neuter dogs and cats.
   (3) A followup program to assure that animals sold or given away
by the pound or shelter are spayed or neutered.
   (4) Any additional costs incurred under this section.
   (d) Public pounds, society for the prevention of cruelty to
animals shelters, and humane shelters may enter into cooperative
agreements with each other and with veterinarians in carrying out
this section  .
  SEC. 3.  Section 30503.5 is added to the Food and Agricultural
Code, to read:
   30503.5.  Any person who intends to purchase, sell, or own a dog
that has not been spayed or neutered shall register as a breeder with
the city or county agency charged with the duty of animal control.
In order to register as a breeder for purposes of this section, any
person who intends to purchase, sell, or own a dog that has not been
spayed or neutered shall pay the organization charged with
maintaining the list of licensed breeders a registration fee of one
hundred dollars ($100).
  SEC. 4.  Section 31751 of the Food and Agricultural Code is amended
to read:
   31751.   (a)  No public pound, society for the
prevention of cruelty to animals shelter,  or 
humane shelter  , breeder, pet shop, or individual  shall
sell or give away any cat that has not been spayed or neutered
 , unless a deposit for spaying or neutering the cat has been
tendered to the pound or shelter.  The deposit shall be in the
amount determined by the pound or shelter to be comparable to the
lowest fee charged by veterinarians in the locale, but shall not
exceed thirty dollars ($30).  A veterinarian shall perform the
operation.  If a female cat and her kittens are sold or given away to
one individual, only a single deposit shall be required.  The pound
or shelter may make appropriate arrangements for the spaying or
neutering of the cat, or may return the deposit to the person
purchasing or receiving the cat upon presentation of a written
statement or receipt from the veterinarian or clinic that the cat has
been spayed or neutered.  The deposit may also include the amount
necessary to recover any additional costs under this section.
   (b) All cats over six months of age at the time they are sold or
given away by the pound or shelter shall be spayed or neutered within
60 days, or the deposit shall be deemed unclaimed.  All cats six
months of age or younger at the time they are sold or given away by
the pound or shelter shall be spayed or neutered within six months,
or the deposit shall be deemed unclaimed.
   (c) Any deposits not claimed  under subdivision (a) shall be used
only for the following purposes:
   (1) A public education program to prevent overpopulation of cats
and dogs.
   (2) A program to spay or neuter cats and dogs.
   (3) A followup program to assure that animals sold or given away
by the pound or shelter are spayed or neutered.
   (4) Any additional costs incurred under this section.
   (d) Public pounds, society for the prevention of cruelty to
animals shelters, and humane shelters may enter into cooperative
agreements with each other and with veterinarians in carrying out
this section  .
  SEC. 5.  Section 31751.1 is added to the Food and Agricultural
Code, to read:
   31751.1.  Any person who intends to purchase, sell, or own a cat
that has not been spayed or neutered shall register as a breeder with
the city or county agency charged with the duty of animal control.
In order to register as a breeder for purposes of this section, any
person who intends to purchase, sell, or own a cat that has not been
spayed or neutered shall pay the organization charged with
maintaining the list of licensed breeders a registration fee of one
hundred dollars ($100).
  SEC. 6.  Section 31751.5 of the Food and Agricultural Code is
repealed.  
   31751.5.  Whenever a city or county requires cat license tags, any
such tag shall be issued for one-half or less of the fee required
for a cat, if a certificate is presented from a licensed veterinarian
that the cat has been spayed or neutered. 
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.