Legislative Update
(maintained by Laura Finco)

As part of my responsibilities as Legislative Liaison, I am reporting some upcoming bills as well as reminding members of some current law.

PORTOLA VALLEY, SAN MATEO COUNTY, CALIFORNIA: "Pet Overpopulation Program"

(POP) ordinance changes passed by 3-2 vote at the April 10 Town Council
meeting.  This included breeder permits, cat licensing and feral cat
regulation but not the fancier permit.  The Town of Hillsborough has also
enacted POP provisions over the last several months, specifics unknown.

CALIFORNIA SENATE BILL 1373 began as a microchip bill in 2001 but has turned 
into a dragnet for any and all breeder sales that would provide for a basis 
for enforcement of the Polanco-Lockyer Dog Breeder Warranty Act.

The Polanco-Lockyer Dog Breeder Warranty Act, amended last
year (AB 161) lowered the threshold for breeders subject to requirements
and impose the same high penalties (Health & Safety Code Section 122060.)

The original scheme is still in place: registration and payment --  prior
to sale a cat or dog less than one year --  of a "registration fee" to the
local animal control agency, which would issue a "registration fee receipt
number" to be used ANY advertisement for sale.  Each local jurisdiction
would set its own registration fee and requirement that the seller "ensure
that the dog or cat has been microchipped and the owner's identification
has been entered into a registry.

The hearing before the Senate Committee on Business and Professions has been 
rescheduled for Monday, April 22, 1:30 p.m., Room 3191, State Capitol.  
SB 1373 by State Senator Jack O'Connell (D-18) of Santa Barbara has been 
amended AGAIN and should now be captioned, SB 1373, amended April 16, 2002; 
Dogs and cats: registration and microchipping.

SB 1373 language has been substantially amended to do the following:

7  THE SCOPE OF SELLERS COVERED HAS BEEN NARROWED FURTHER to exclude the 
occasional re-seller (the puppy who didn't work out) by creating new
definitions for "pet dealer" and "breeder:"

"Pet Dealer" means a person engaging in the business of selling dogs or
cats, or both, at retail, and by virtue of the sales of dogs and cats is
required to possess a permit pursuant to Section 6066 of the Revenue and
Taxation Code.  (Language from the definition at H&S Section 122125(b)
omitted in SB 1373 is, "For purposes of this article, the separate sales of
dogs or cats from a single litter shall constitute only one sale under
Section 6019 of the Revenue and Taxation Code.")

"Breeder" means a person, firm, partnership, corporation, or other
association that sells dogs or cats that were bred and reared on the
premises of the person, firm, partnership, corporation, or other
association. "Breeder" does not include publicly operated pounds, humane
societies, privately operated rescue groups or organizations, or persons
involved in the rescue of dogs or cats. The exemption for shelters, humane 
organizations and rescue is broader than past wording or comparable provisions.

7  The operant provisions are:
REGISTRATION - New Civil Code Section 1731:
(a) No pet dealer or breeder may sell a dog or cat that is less than one
year old unless a registration fee for the sale has been paid to the local
agency providing animal control services according to the provisions of
Section 1733.  Upon payment of the registration fee, the local agency shall
issue a registration number or numbers to the pet dealer or breeder as
determined by the agency.
(b) The registration number or numbers issued by the local agency pursuant
to subdivision (a) shall be displayed in any advertisement for the sale of
the dog or cat.
(c) The local agency shall obtain from the pet dealer or breeder, the
street address and telephone number of the pet dealer or breeder and the
breed, sex, color and number of dogs or cats offered for sale.

New Civil Code Section 1732:
MICROCHIPPING - A pet dealer or breeder shall ensure that the dog or cat
has been microchipped and the owner's identification has been entered into
a local registry maintained by a local agency providing animal control
services or into a national registry.
FEE AND REVENUE - New Civil Code Section 1733:
1733.  A local agency may charge a fee for the administration of Sections
1731 and 1732.  It is the intent of the Legislature that the proceeds from
these fees be used to supplement, rather than
supplant, existing funding of the local agency.  The fees charged may be
above the costs for administering Sections 1731 and 1732 but may be used
only for the following purposes:
  (a) The costs of administering the provisions of Sections 1731 and 1732.
    (b) Programs to spay or neuter dogs and cats.
      (c) Programs to encourage the adoption of dogs and cats.
        (d) The costs of microchipping dogs and cats.
	  (e) Public education programs to prevent overpopulation of dogs and
	  cats.

	  7  PENALTIES - And a new Civil Code Section 1734 -
	  (a) Any pet dealer or breeder who violates Sections 1731 or 1732 shall be
	  subject to a civil penalty for a first offense of up to one thousand
	  dollars ($1,000), or shall be prohibited from selling dogs or cats for up
	  to 30 days, or both.  If there is a second offense, a pet dealer or breeder
	  shall be subject to a civil penalty of up to two thousand five hundred
	  dollars ($2,500), or a prohibition from
	  selling dogs or cats for up to 90 days, or both.  For a third offense, a
	  pet dealer or breeder shall be subject to a civil penalty of up to five
	  thousand dollars ($5,000), or a prohibition from selling dogs or cats for
	  up to six months, or both.  For a fourth and subsequent offense, a pet
	  dealer or breeder shall be subject to a civil penalty of up to ten thousand
	  dollars ($10,000) or a prohibition from selling dogs or cats for up to one
	  year, or both.  For the purpose of this section, a violation that occurred
	  more than five years prior to the most recent violation shall not be
	  considered.  An action for recovery of the civil penalty and for a court
	  order enjoining a pet dealer or breeder from engaging in the business of
	  selling dogs or cats at retail for the period set forth in this section,
	  may be prosecuted by the district attorney for the county in which the
	  violation occurred, or the city attorney for the city in that the violation
	  occurred, in the appropriate court.
	  (b) Nothing in this chapter limits or authorizes any act or omission that
	  violates Section 5971 of the Penal Code.
	  Any valid local ordinance that imposes more restrictive requirements than
	  the provisions of Sections 1731 and 1732 of the Civil Code shall prevail
	  over these sections.

	  WHAT IS WRONG WITH SB 1373?
	  7  De facto statewide licensing of dog and cat breeders who "sell"
	  offspring under 1 year old.
	  7  High turnover of breeders would make breeder information an ongoing and
	  expensive effort.
	  7  No control over local fees or timely issuance of registration or
	  additional provisions.
	  7  Every local animal ordinance in California would require amendment and
	  costs to implement and administer.
	  7  Has little to do with microchipping and more about punishing breeders.

	  SOME OPPOSITION POINTS INCLUDE:
	  7  Local governments should determine their own need for pet laws and
	  should not be burdened with the cost and controversy of developing a
	  bureaucracy they do not need or want.
	  7  Sales of dogs and cats in California are either not profitable for
	  individuals or low margin for pet stores so that additional costs will
	  either deter sales or increase costs to consumers who want local sources
	  for quality pets of their choice.
	  7  Instead of selling low-end dogs and cats for a token or modest price to
	  deter undesirable purchasers, "breeders" may unnecessarily surrender these
	  to avoid the extra expense and trouble of pre-sale microchipping and
	  registration, putting more burden on shelters.
	  7  Microchipping has been useful and increasingly but not universally
	  accepted technology, not without cost and extra effort, and not without
	  some problems.

	  WHAT TO DO?
	  The provisions have been so substantially amended, that it is important to
	  restate your opposition, or if you have not already written, object
	  strongly to this direction.  The March 25 Update reviewed the usual
	  procedure for all California bills: the various committees assign each bill
	  before it to a "consultant" who prepares a written analysis including
	  arguments pro and con and listing support and opposition, naming
	  organizations and usually just a general reference to the amount of
	  individual opposition.  It is always very important that we have a
	  substantial number of organizations listed as opposition, and despite the
	  late date, we should go ahead and request listing or re-confirm our prior
	  request in a letter to Consultant, Bill Gage .  Fax is the safest method.

	  Letters should be clearly marked as SB 1373, amended April 16,  OPPOSITION
	  and addressed:

	  The Honorable Liz Figueroa
	  Chair, Senate Committee on Business and Professions
	  Senate Committee on Business & Professions
	  State Capitol, Room 2053
	  Sacramento, CA  95814

	  Attention:  Bill Gage, Chief Consultant
	  COMMITTEE FAX NUMBER:  916-324-0917

	  Individual Committee Members:  (Corrected list, March 28, 2002)
	  The Honorable Liz Figueroa  D-10, Fremont
	  Chair, Senate Committee on Business and Professions
	  State Capitol, Room 2057 (Regular office)
	  Sacramento, CA 95814
	  (916) 445-6671
	  Fax (916) 327-2433
	  Senator.Figueroa@sen.ca.gov

	  The Honorable Maurice Johannessen, R-4, Colusa  (Vice Chair)
	  State Capitol, Room 5061
	  Sacramento, CA 95814
	  Phone: (916) 445-3353
	  Fax: (916) 445-7750
	  Senator. Johannessen@sen.ca.gov

	  The Honorable Mike Machado D-5, Stockton
	  State Capitol, Room 3086
	  Sacramento, CA 95814
	  Phone:  (916) 445-2407
	  Fax (916) 323-2304
	  Senator.Machado@sen.ca.gov

	  The Honorable Bill  Morrow R-38, Carlsbad
	  State Capitol, Room 4048
	  Sacramento, CA 95814
	  (916) 445-3731
	  Fax:  916-446-7382    **Corrected 3/28/02**
	  Senator.Morrow@sen.ca.gov

	  The Honorable Kevin Murray, D-26, Los Angeles
	  State Capitol, Room 4082
	  Sacramento, CA 95814
	  Phone: (916) 445-8800
	  Fax (916) 445-8899
	  Senator.Murray@sen.ca.gov

	  The Honorable Jack O'Connell (D-18) Santa Barbara
	  State Capitol, Room 5035
	  Sacramento, CA 95814
	  Phone: (916) 445-5405
	  FAX (916) 322-3304
	  Senator.OConnell@sen.ca.gov

	  The Honorable Richard Polanco D-22, Los Angeles SENATE MAJORITY LEADER
	  State Capitol, Room 313
	  Sacramento, CA 95814
	  Phone:  (916) 445-3456
	  Fax (916) 445-0413
	  Senator.Polanco@sen.ca.gov

California AB 161

I just got this information about AB 161. I want to thank everyone's efforts to defeat this bill. Unfortunately, Governor Davis signed and filed it. It will be in effect as of January 1, 2002. I strongly urge anyone who breeds a litter to become familiar now with this new legislation.

Please note that the wording states EVERY BREEDER, which includes individuals as well as companies (ie; puppy mills). This affects anyone who breeds ANY PART OF three or more litters or the sell or transfer of 20+ dogs. Now I realize that most reputable breeders do NOT go through 20+ dogs in one year but if you have two large litters that might put you at 20 puppies. Or if someone returns a dog and you find a new home, that transfer must be included in your records as part of 20+ dogs. This law does NOT affect recognized Rescue organizations nor does it affect puppy dealers (who are covered by some other article of law).

There are some good points regarding this legislation. Now all puppies sold in the State of California MUST be socialized with other dogs and people before being sold. However, even if you have a singleton puppy you have to socialize it with other puppies before selling or placing it. There are some points regarding sanitation. And now it is completely unlawful to have any puppy on wire or mesh flooring. That means you cannot use wire screens in crates if that is where the dog is primarily housed. I have included the statue as it now reads:

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

 SECTION 1.  Section 122045 of the Health and Safety Code is amended 
to read: 
  122045.  (a) This article shall be known and may be cited as the 
Polanco-Lockyer Pet Breeder Warranty Act. 
  (b) Every breeder of dogs shall comply with this article.  As used 
in this article, "dog breeder," or "breeder" means a person, firm, 
partnership, corporation, or other association that has sold, 
transferred, or given away all or part of three or more litters or 20 
or more dogs during the preceding 12 months that were bred and 
reared on the premises of the person, firm, partnership, corporation, 
or other association. 
  (c) For the purposes of this article, "purchaser" means any person 
who purchases a dog from a breeder. 
  (d) This article shall not apply to pet dealers regulated under 
Article 2 (commencing with Section 122125), or to publicly operated 
pounds, humane societies, or privately operated rescue organizations. 

 SEC. 2.  Section 122065 of the Health and Safety Code is amended to 
read: 
  122065.  It shall be unlawful for a breeder to fail to do any of 
the following: 
  (a) Maintain facilities where the dogs are kept in a sanitary 
condition. 
  (b) Provide dogs with adequate nutrition and potable water. 
  (c) Provide adequate space appropriate to the age, size, weight, 
and breed of dog.  For purposes of this subdivision, "adequate space" 
means sufficient space for the dog to stand up, sit down, and turn 
about freely using normal body movements, without the head touching 
the top of the cage, and to lie in a natural position. 
  (d) Provide dogs with a rest board, floormat, or similar device 
that can be maintained in a sanitary condition. 
  (e) Provide dogs with adequate socialization and exercise.  For 
the purpose of this article, "socialization" means physical contact 
with other dogs and with human beings. 
  (f) Wash hands before and after handling each infectious or 
contagious dog. 
  (g) Provide veterinary care without delay when necessary. 
 SEC. 3.  Section 122065.5 is added to the Health and Safety Code, 
to read: 
  122065.5.  It shall be unlawful for a breeder to primarily house a 
dog on wire flooring." 

California Active Breeder Law

California breeders must be reminded that California Health And Safety

Code Section 122300-122315 - a legacy from former Senator Rosenthal,

requires ALL dog breeders selling dogs represented as registrable or

registered to comply with specific requirements.  The entire law is included

below and it is suggested that California breeders keep a copy and that 

California

dog clubs publish this periodically in their newsletters:  



122300.  For purposes of this article:

   (a) "Dog dealer" means any person, firm, partnership, corporation,

or other association that engages in the acquisition of dogs for

retail sale to the public.  "Dog dealer" does not include duly

incorporated nonprofit humane societies dedicated to the care of

unwanted animals that make animals available for adoption, whether or

not a fee for the adoption is charged, or pet dealers who do not in

the normal course of business sell dogs, but who sometimes exhibit

dogs for adoption.

   (b) "Dog breeder" means any person, firm, partnership,

corporation, or other association that breeds and sells dogs at

wholesale or retail.

   (c) "Dog pedigree registry" means any of various private agencies

that serve to keep track of the breed, lineage, physical

characteristics, and historical data regarding dogs that are

registered with the agency.



122305.  Every dog dealer that sells registered dogs or that claims

that the dogs being sold are registered or are registerable with a

dog pedigree registry shall post conspicuously within close proximity

to the dogs offered for sale, a notice containing the following

language in at least 100-point type:

"Pedigree registration does not assure proper breeding conditions,

health, quality, or claims to lineage."



122310.  (a) For every dog sold by a dog dealer or dog breeder that

is sold with any representation that the dog is registered or

registerable with a dog pedigree registry, the following fully

completed disclosure shall be made, orally and in writing on a

separate sheet from any other statements, including, but not limited

to, the name of the dog dealer or breeder and the name of the

relevant dog pedigree registry:

"Disclosure by

      DOG PEDIGREE REGISTRATION DISCLOSURE



Description of dog:  ____________

______________________

The dog you are purchasing is registered/registerable (circle one)

with the __________ (enter name of registry).



Registration means only that __________ (enter name of registry)

maintains information regarding the parentage and identity of this

dog, it does not guarantee the quality or health of this dog, and it

does not guarantee quality lineage.  Since dog pedigree registries

depend in large part on the honesty and accuracy of persons

registering dogs, registration does not guarantee the accuracy of the

lineage recorded nor that this dog is purebred.



Acknowledged: ________________________________    ________________"

                Retail purchaser's signature            Date



   (b) The disclosure in subdivision (a) shall be signed and dated by

the retail purchaser of the dog acknowledging receipt of a copy of

the statement and the dog dealer or dog breeder shall retain a copy.



122315.  (a) Any dog dealer or dog breeder who fails to comply with

the disclosure requirements in Section 122305 or 122310, as the case

may be, shall be liable to the retail purchaser for civil damages in

an amount equal to three times the cost of the dog.  Claim for

payment under this section shall be made within one year from the

date of purchase of the dog.

   (b) The remedies provided in this section shall be in addition to

any other remedies or penalties authorized by other provisions of

law.

Santa Clara County Fancier Permit

SANTA CLARA COUNTY, CALIFORNIA: Following up on the November 6 update about anticipated presentations to the city councils of Los Gatos on November 20 and Milpitas on December 19 the "Animal Overpopulation Committee" met again and noted that Sandi Stadler, Superintendent of Palo Alto Animal Services, will NOT recommend either the fancier permit or diversion program to the City of Palo Alto and Captain Simon Lemus of the Sunnyvale Department of Public Safety will not recommend the fancier permit. Current limits in Palo Alto are 3 dogs and 3 cats and in Sunnyvale only 3 animals total. It is anticipated that those cities in the Joint Powers Authority will route recommendations through the JPA board. The proposed ordinances developed by the Committee cover the following issues:

• Mandatory sterilization for 2nd impound
• Fancier permits to allow the keeping of dogs and/or cats up to a total of no more than five dogs and no more than five cats
• Countywide spay/neuter vouchers
• Increased fines for at-large unsterilized animals
• Diversion program and "fix-it" tickets for licensing and unsterilized at-large

Santa Clara County Fancier Permit

SANTA CLARA COUNTY, CALIFORNIA: Following up on our November 3 report about anticipated presentations to city councils of the ordinances and voucher program, there are now 2 scheduled dates: Los Gatos on November 20 and Milpitas on December 19. The Los Gatos town attorney has approved the concepts of the provisions, but there is concern about the Fancier Permit. The existing Los Gatos limit law is 2 dogs and 3 cats with no more than 1 unaltered dog and cat and no more than 1 litter per year of dogs or cats. Milpitas already has implemented the voucher program and has a limit law of total 4 with a permit for rescue groups of up to 7, so the Milpitas presentation will only address the multiple impounds, increased fines for unsterilized strays and the diversion program.

Dates have yet to be set for San Jose, Santa Clara, Cupertino, Campbell, Saratoga, Sunnyvale, Palo Alto, Mountain View, Morgan Hill, Gilroy and the County.