AB 2723: Animals: microchips.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-26
Existing law prohibits 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 or will be microchipped, as specified. Existing law subjects an agency, shelter, or group that violates these provisions on or after January 1, 2022, to a civil penalty of $100, except as specified.
This bill would additionally require the owner or new owner of the dog or cat to be registered with the microchip registry company as the primary owner of the dog or cat. The bill would prohibit the agency, shelter, or group from being listed as the primary owner of the dog or cat. If a dog or cat has a preexisting microchip or if there is reasonable proof of ownership, the bill would also require an agency, shelter, or group to document and retain a record of all efforts made to contact a microchips primary registrant or other demonstrated owner. The bill would expressly provide that a dog or cat that is temporarily housed under an emergency evacuation order is not subject to these provisions. The bill would also make a conforming change.
Existing law prohibits 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 or will be microchipped, as specified. Existing law subjects an agency, shelter, or group that violates these provisions on or after January 1, 2022, to a civil penalty of $100, except as specified.
This bill would additionally require the owner or new owner of the dog or cat to be registered with the microchip registry company as the primary owner of the dog or cat. The bill would prohibit the agency, shelter, or group from being listed as the primary owner of the dog or cat. If a dog or cat has a preexisting microchip or if there is reasonable proof of ownership, the bill would also require an agency, shelter, or group to document and retain a record of all efforts made to contact a microchips primary registrant or other demonstrated owner. The bill would expressly provide that a dog or cat that is temporarily housed under an emergency evacuation order is not subject to these provisions. The bill would also make a conforming change.
Existing law prohibits 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 or will be microchipped, as specified. Existing law subjects an agency, shelter, or group that violates these provisions on or after January 1, 2022, to a civil penalty of $100, except as specified.
This bill would additionally require the owner or new owner of the dog or cat to be registered with the microchip registry company as the primary owner of the dog or cat. The bill would prohibit the agency, shelter, or group from being listed as the primary owner of the dog or cat. If a dog or cat has a preexisting microchip or if there is reasonable proof of ownership, the bill would also require an agency, shelter, or group to document and retain a record of all efforts made to contact a microchips primary registrant or other demonstrated owner. The bill would expressly provide that a dog or cat that is temporarily housed under an emergency evacuation order is not subject to these provisions. The bill would also make a conforming change.
Existing law prohibits 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 or will be microchipped, as specified. Existing law subjects an agency, shelter, or group that violates these provisions on or after January 1, 2022, to a civil penalty of $100, except as specified.
This bill would additionally require the owner or new owner of the dog or cat to be registered with the microchip registry company as the primary owner of the dog or cat. The bill would prohibit the agency, shelter, or group from being listed as the primary owner of the dog or cat beginning 90 days after the dog or cat has been released to the owner or adopted, sold, or given away to a new owner. The bill would also prohibit a dog or cat from being reclaimed by a person other than the person registered with the microchip company as the primary owner unless the primary owner has authorized that person to reclaim the dog or cat. cat. If a dog or cat has a preexisting microchip or if there is reasonable proof of ownership, the bill would also require an agency, shelter, or group to document and retain a record of all efforts made to contact a microchips primary registrant or other demonstrated owner. The bill would also make a conforming change.
Existing law makes the theft of the dog of another a crime.This bill would expand the types of acts that constitute the theft of a dog for the purposes of that provision. By expanding the scope of a crime, this bill would impose a state-mandated local program.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.Existing law prohibits 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 or will be microchipped, as specified. Existing law subjects an agency, shelter, or group that violates these provisions on or after January 1, 2022, to a civil penalty of $100, except as specified.
This bill would additionally require the owner or new owner of the dog or cat to be registered with the microchip registry company as the primary owner of the dog or cat. The bill would prohibit the agency, shelter, or group from being listed as the primary owner of the dog or cat beginning 90 days after the dog or cat has been released to the owner or adopted, sold, or given away to a new owner. The bill would also prohibit a dog or cat from being reclaimed by a person other than the person registered with the microchip company as the primary owner unless the primary owner has authorized that person to reclaim the dog or cat.
Existing law makes the theft of the dog of another a crime.
This bill would expand the types of acts that constitute the theft of a dog for the purposes of that provision. By expanding the scope of a crime, this bill would impose a state-mandated local program.
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.
(a)(1)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 either of the following conditions is met:
(A)The dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the dog. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the dog. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the dog is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the dog is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the dog. If a dog has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a dog or new owner receiving a dog is not required to register the dogs microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a dog to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the dog or new owner receiving the dog that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c) (1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
(d)This section does not apply to a dog that is temporarily housed under an emergency evacuation order.
SEC. 2.Section 31752.1 of the Food and Agricultural Code is amended to read:31752.1.(a)(1)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 either of the following conditions is met:
(A)The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. If a cat has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cats microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c)(1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
(d)This section does not apply to a cat that is temporarily housed under an emergency evacuation order.
(a)(1)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 either of the following conditions is met:
(A)The dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the dog. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the dog. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the dog is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the dog is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the dog. If a dog has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a dog or new owner receiving a dog is not required to register the dogs microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a dog to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the dog or new owner receiving the dog that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c) (1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
(d)This section does not apply to a dog that is temporarily housed under an emergency evacuation order.
SEC. 2.Section 31752.1 of the Food and Agricultural Code is amended to read:31752.1.(a)(1)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 either of the following conditions is met:
(A)The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. If a cat has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cats microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c)(1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
(d)This section does not apply to a cat that is temporarily housed under an emergency evacuation order.
(a)(1)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 either of the following conditions is met:
(A)The dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the dog. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the dog. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the dog is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the dog is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the dog. If a dog has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a dog or new owner receiving a dog is not required to register the dogs microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a dog to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the dog or new owner receiving the dog that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c) (1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
(d)This section does not apply to a dog that is temporarily housed under an emergency evacuation order.
SEC. 2.Section 31752.1 of the Food and Agricultural Code is amended to read:31752.1.(a)(1)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 either of the following conditions is met:
(A)The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. If a cat has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cats microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c)(1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
(d)This section does not apply to a cat that is temporarily housed under an emergency evacuation order.
(a)(1)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 either of the following conditions is met:
(A)The dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the dog. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the dog beginning 90 days after the dog has been released to the owner or adopted, sold, or given away to a new owner. dog. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the dog is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the dog is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the dog, as applicable. If a dog is microchipped, it shall not be released to a person seeking to reclaim it unless the person is registered with the microchip registry company as the primary owner of the dog or the person has been authorized to reclaim the dog by the person registered with the microchip registry company as the primary owner. dog. If a dog has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a dog or new owner receiving a dog is not required to register the dogs microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a dog to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the dog or new owner receiving the dog that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c) (1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
SEC. 2.Section 31752.1 of the Food and Agricultural Code is amended to read:31752.1.(a)(1)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 either of the following conditions is met:
(A)The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat beginning 90 days after the cat has been released to the owner or adopted, sold, or given away to a new owner. cat. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchips primary contact, as applicable.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat, as applicable. If a cat is microchipped, it shall not be released to a person seeking to reclaim it unless the person is registered with the microchip registry company as the primary owner of the cat or the person has been authorized to reclaim the cat by the person registered with the microchip registry company as the primary owner. cat. If a cat has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchips primary registrant or other demonstrated owner for at least two years.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cats microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c)(1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 does do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
SEC. 3.Section 487e of the Penal Code is repealed.SEC. 4.Section 487e is added to the Penal Code, to read:487e.(a)(1)A person who steals a dog of another that is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.(2)A person who steals a dog of another that is of a value of nine hundred fifty dollars ($950) or less is guilty of petty theft.(b)For the purposes of this section, steals a dog means either of the following:(1)Takes, leads away, carries away, confines, secretes, or converts a dog, when that action is not otherwise authorized by law.(2)Conceals the identity of a dog or its owner by obscuring, altering, or removing from the dog any collar, tag, license, tattoo, or other identifying device or mark.SEC. 5.Section 487f of the Penal Code is repealed.SEC. 6.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.(a)(1)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 either of the following conditions is met:
(A)The dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable. applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the dog. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the dog beginning 90 days after the dog has been released to the owner or adopted, sold, or given away to a new owner.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the dog is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to locate available maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the dog, as applicable, pursuant to paragraph (1). applicable. If a dog is microchipped, it shall not be released to a person seeking to reclaim it unless the person is registered with the microchip registry company as the primary owner of the dog or the person has been authorized to reclaim the dog by the person registered with the microchip registry company as the primary owner.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a dog or new owner receiving a dog is not required to register the dogs microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a dog to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the dog or new owner receiving the dog that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c) (1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
SEC. 2.Section 31752.1 of the Food and Agricultural Code is amended to read:31752.1.(a)(1)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 either of the following conditions is met:
(A)The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable. applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat beginning 90 days after the cat has been released to the owner or adopted, sold, or given away to a new owner.
(B)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A).
(2)If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to locate available maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner.
(3)An agency, shelter, or group may require proof that the cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat, as applicable, pursuant to paragraph (1). applicable. If a cat is microchipped, it shall not be released to a person seeking to reclaim it unless the person is registered with the microchip registry company as the primary owner of the cat or the person has been authorized to reclaim the cat by the person registered with the microchip registry company as the primary owner.
(4)For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cats microchip number with a microchip registry company that will use, without the owners or new owners consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat.
(b)(1)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.
(2)Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c)(1)An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2)Section 9 does not apply to a violation of this section.
(3)An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).
SEC. 3.Section 487e of the Penal Code is repealed.487e.Every person who feloniously steals, takes, or carries away a dog of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.SEC. 4.Section 487e is added to the Penal Code, to read:487e.(a)(1)A person who steals a dog of another that is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft.
(2)A person who steals a dog of another that is of a value of nine hundred fifty dollars ($950) or less is guilty of petty theft.
(b)For the purposes of this section, steals a dog means either of the following:
(1)Takes, leads away, carries away, confines, secretes, or converts a dog, when that action is not otherwise authorized by law.
(2)Conceals the identity of a dog or its owner by obscuring, altering, or removing from the dog any collar, tag, license, tattoo, or other identifying device or mark.
SEC. 5.Section 487f of the Penal Code is repealed.487f.Every person who feloniously steals, takes, or carries away a dog of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft.SEC. 6.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.
|
Date
|
Status
|
|---|---|
| Sep 26, 2022 | Chaptered by Secretary of State - Chapter 549, Statutes of 2022. |
| Sep 26, 2022 | Approved by the Governor. |
| Aug 29, 2022 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 22, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 18, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77. |
| Aug 17, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4874.). |
| Aug 8, 2022 | Read second time. Ordered to third reading. |
| Aug 4, 2022 | Read third time and amended. Ordered to second reading. |
| Jun 15, 2022 | Read second time. Ordered to third reading. |
| Jun 14, 2022 | From committee: Do pass. (Ayes 12. Noes 0.) (June 13). |
| Jun 1, 2022 | Referred to Com. on B., P. & E.D. |
| May 19, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 19, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4740.) |
| May 12, 2022 | Read second time. Ordered to Consent Calendar. |
| May 11, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 11). |
| Apr 25, 2022 | Re-referred to Com. on APPR. pursuant to Assembly Rule 96. |
| Apr 21, 2022 | Re-referred to Com. on PUB. S. |
| Apr 20, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 29, 2022 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 15. Noes 0.) (March 29). Re-referred to Com. on PUB. S. |
| Mar 10, 2022 | Referred to Coms. on B. & P. and PUB. S. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 22, 2022 | AB 2723 Holden Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 17, 2022 | Assembly 3rd Reading AB2723 Holden et al. By Newman | Senate Floor |
Passed |
|
| May 19, 2022 | AB 2723 Holden Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):
