HomeMy WebLinkAboutMINUTES - 04242001 - C.65 Sof!:`
TO: BOARD OF SUPERVISORS '' CONTRA
1 COSTA
FROM: John Sweeten, County Administrator _= z �►3'� COUNTY
DATE: April 24, 2001
SUBJECT: SB 236 (O'Connell) - Oppose
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. OPPOSE SB 236 (O'Connell) which would require any dog or cat under the age of one year that is
sold to be micro chipped, with the owner's identification being entered into a national or local
registry.
2. REQUEST the County Lobbyist to appropriately communicate the Board's position on SB 236.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Contra Costa County 2001 Legislative Program includes the following platform position:
Support efforts to provide state funding for the increased operational and capital costs of meeting
state mandates on Animal Services.
SB 236 requires dogs or cats under the age of one year that are sold to be micro chipped with the
identification of the owner entered into a national or local registry. The bill also provides that the County
may establish a fee for permits that could be used, among other things, for the cost of micro chipping dogs
and cats and for administering the proposed law.
CONTINUED ON ATTACHMENT: —YES SIGNATURE: 1�
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOAR MMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April Z4, 7001APPROVED AS RECOMMENDED_OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A
XX UNANIMOUS(ABSENT IV ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:
ATTESTED April 94, 2001
JOHN SWEETEN,CLERK OF
THE BOARD OF SUPERVISORS
AND 0 NTY ADMI ISTRATOR
cc: CAO
Mike Ross,Animal Services
BY w"�- DEPUTY
w
BACKGROUND/REASON(S) FOR RECOMMENDATIONS (cont'd):
According to the Contra Costa County Director of Animal Services, the microchip technology is not 100%
reliable and is expensive. It imposes more cost and workload on the Animal Services Department relative to
enforcement as well as administration. It also undermines current licensing programs that, in the opinion of the
Animal Services Department,provide the best means of returning lost animals to their owners.
SB 236 Senate Bill - Status Page 1 of 1
CURRENT BILL STATUS
MEASURE : S.B. No. 236
AUTHOR(S) O'Connell.
TOPIC Dogs and cats: microchip: permits.
HOUSE LOCATION SEN
+LAST AMENDED DATE 04/04/2001
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 04/04/2001
LAST HIST. ACTION From committee with author's amendments. Read second
time. Amended. Re-referred to committee.
COMM. LOCATION SEN JUDICIARY
HEARING DATE 04/17/2001
TITLE An act to add Sections 1730 and 1731 to the Civil Code,
and to amend Section 30502 of, and to add Section
30802.5 to, the Food and Agricultural Code, relating to
animals.
http-//www.leginfo.ta.gov/pub/bill/sen/sb_0201-0250/sb_236_bill_20010404_status.htmi 4/12/01
SB 236 Senate Bill - AMENDED Page 1 of 3
BILL NUMBER: SB 236 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2001
AMENDED IN SENATE MARCH 19, 2001
INTRODUCED BY Senator O'Connell
FEBRUARY 14, 2001
An act to add Sections 1730 and 1731 to the Civil Code, and to
amend Section 30502 of, and to add Section 30802.5 to, the Food and
Agricultural Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
SB 236, as amended, O'Connell. Dogs and cats: microchip:
permits.
Existing law provides for the regulation and licensure of dogs and
cats, as specified.
This bill would enact civil provisions that would require any
person who wishes to engage in the sale of, or advertising for the
sale of, a dog or cat that is less than one year old in a county,
city, or city and county to obtain and possess a permit from the
agency or entity providing animal control services to the county,
city, or city and county as specified, prior to any such sale or
advertising. The bill would provide that the county, city, or city
and county may establish a fee for each permit that may be used only
for specified purposes, including -€ate the costs of
administering the bill's provisions. -:P';p 1,; " • 4;a;a
p E g"fie- at all p 8 E_4;6 rt 9--6 811 a derma-4G R-at-i 4_rsde!-s ae 1 __ 814
The bill would require local officials to maintain records
regarding the number and type of dogs and cats sold pursuant to
these provisions. The bill would require that these records be
open to public inspection, as specified.
The bill would also require
the seller of any dog or cat to ensure that the dog or
cat has been microchipped
The bill would also require local ordinances governing the
issuance of dog license tags to require the owner of a dog to notify
animal control when he or she transfers the dog to a new owner and to
provide contact information for the new owner of record.
By imposing new duties on local officials, the bill would impose a
state-mandated local program.
"'i-zi'xe 9 R 1x s 9v1GF!ia99irE a ff"f e s '--erre—State 4 9 'e 4�FF1 '�z 1
age7A6}e8 and se4ee4! }st-r-_e;6s €e _ta 88.6 i;i4 4ee 1B,.
sa fie, art-atms -la-�e �e famesa ��e �eee�t e s €a
easemes€�— ne��t� nQ €fie eeae e4=a sae ;;aaes-S!Jasa
;6e-PaT the ees a e€ fanda4es that eie .Rat eiEseed ;1,999, 999 ,stab,...dE.
pesedu!es 4e!E ela_fas whese stat-R-44de eests eiiseed
44-' s 19`1}17.,w8kile.,i ;9 ,end}de � pi �:4 the 6e ss en en Stake ,'"_tee
tle C`e'�' es G'S2a G' CSle !S•� � r. � _r .a-.�Q@j b
.�_.� �1. ..�-..1-.-.
:e= 1� 66IFF6n zer#-1'3968 666$6 s4a4w! ]Be FRade R} }^ 4148
s•�atu}c rl r�e��s�s��
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
http://www.leginfo.ca.gov/pub/bill/sen/sb 0201-0250/sb_236 bill_20010404_amended_sen.htmi 4/12/01
.` SB 236 Senate Bill - AMENDED Page 2 of 3
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. Section 1730 is added to the Civil Code, to read:
1730. (a) Any person who sells a dog or cat less than one year
old shall be required to obtain and possess a permit issued by the
county, city, or city and county of his or her residence or place of
business in compliance with this section, prior to the sale.
(b) A permit to sell a dog or cat less than one year old shall be
issued by the agency or entity providing animal control services to
the county, city, or city and county, in accordance with an ordinance
that substantially complies with this section and does all of the
following:
(1) Requires the seller of a dog or cat that is less than one year
old to obtain a permit and pay the required fee for each sale, which
shall relate only to the sale of one particular dog or cat, and to
have in his or her possession a copy of that permit, prior to any
sale.
(2) Provides that the seller of a dog or cat that is less than one
year old may not engage in advertising the sale of a dog or cat that
is less than one year old without first obtaining a permit to sell a
dog or cat that is less than one year old. Any advertisement for
the sale of a dog or cat that is less than one year old shall include
the permit number.
(3) Provides that the permit shall state the age, sex, color, and
breed of the dog or cat for which the permit is desired and shall
include the. street address and telephone number of the seller.
(4) Provides that the county, city, or city and county may
establish a fee for each permit to sell a dog or cat that is less
than one year old. It is the intent of the Legislature that the
proceeds from this fee be used to supplement, rather than supplant,
existing funding for the purposes described in this paragraph. The
fee may be used only for the following purposes:
(A) A public education program to prevent overpopulation of dogs
and cats.
(B) A program to spay or neuter dogs or cats.
(C) The safe and sanitary shelter
of dogs and cats.
(D) Programs to encourage the adoption of aba-m�
dogs and cats.
(E) The costs of micro-chipping dogs and cats.
(F) The costs of administering the provisions of this
section.
(5) All Pez:ek4!4s 4e Be!;! a deq 8* eat l RCief eRe—Yea,- Bid ed
u 4�Qeit; 6; see44-aR shams—tae �4eg a € fie
�Rspeel4en4P #Ne Of Be of tj4e es;AR4 r—edea=k AN at; Ui4e
(5) The county clerk or the agency or entity providing
animal control services shall maintain records regarding the number
and type of dogs and cats seld and 414e p er-seR s* eRt ty *' at
RA-19- #-1he dogs and sate sold and the source that sold
the dogs and cats. The records shall be open to public inspection.
The name and address of the seller may not be open to public
http-//www.leginfo.ca.gov/pub/bill/sen/sb_0201-0250/sb_236 bill_20010404_amended_sen.htmi 4/12/01
SB 236 Senate Bill - AMENDED Page 3 of 3
,i
inspection.
(c) Any agency or entity that provides animal control services to
any county, city, or city and county may enter into cooperative
agreements with each other in carrying out this section.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "Advertising" includes, but is not limited to, advertising in
newspapers, flyers, newsletters, magazines, periodicals, or other
publications, electronic media, Internet Web sites, oral offers, or
the display of a dog or cat.
(2) "Seller" does not include a person or organization that
sheltersap -1.-RdAR-' dogs or cats
and assesses a fee to recover the costs of sheltering
ax aba-EISReAa;AiFRa!l dogs or cats .
SEC. 2. Section 1731 is added to the Civil Code, to read:
1731. The seller
of any dog or cat shall ensure that the dog or cat has been
microchipped and the owner's identification has been entered into a
local or national registry.
6l_ae1e
SEC. 3. Section 30502 of the Food and Agricultural Code is amended
to read:
30502. Any dog license tag which is issued by any city and county
or city constitutes compliance with this division if it is issued
pursuant to an ordinance which does all of the following:
(a) Substantially complies with this division.
(b) Provides for the wearing of the license tag upon the collar of
the dog.
(c) Provides for the keeping of a record which shall establish the
identity of the person that owns or harbors the dog.
(d) Requires the owner of the dog to notify animal control when he
or she transfers the dog to a new owner and to provide contact
information for the new owner of record.
SEC. 4. Section 30802.5 is added to the Food and Agricultural
Code, to read:
30802.5. Any dog license tag which is issued by any county
constitutes compliance with this division if it is issued pursuant to
an ordinance which requires the owner of the dog to notify animal
control when he or she transfers the dog to a new owner and to
provide contact information for the new owner of record.
toe 9t Qet a-*FH-4Re 6 4ii a t tk=s- a s t @ 8 n 4 a!i!e 6
}h.,.
6 vzz^vvx eaer: 6 t�z=^vee =e= a::vee oe646 6-hall be IFla de—f}l3 E61ka[34 t9 Pa r�
e sf�g�r-rt- geaAE-e 4�59 Q) 99 piir F few-4—a€ w ft A e 2-a;g tlqc�
GeEnfaeRt Ged-e- ;9 R e9 #fie Az
Eia
=e=:ease=6ezeeei:e eeve6 i:ve e3f6ee4. APR mii444ee al9lla!E6 ie, nnn nnn
re=:Tm a=6eR+eRt 6:iall �p xeeeeQe ==v:ee eI3e 9#;;#p A4an6ia e6 =aiI[!6 �'1��36i.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
httpi//www.leginfo.ca.gov/pub/bill/sen/sb 0201-0250/sb 236 bill_20010404_amended_sen.htmi 4/12/01