[Mardelin]

SEC. 2. Section 31751.4 is added to the Food and Agricultural
Code, to read:
31751.4. (a) (1) It is unlawful for any person who owns, keeps,
or harbors any unsterilized cat six months of age or older to allow
or permit that unsterilized cat to roam at large.
(2) An owner or custodian of an unsterilized cat who permits
that cat to roam at large shall have the animal sterilized, or
provide obtain a certificate of
sterility.
(3) This subdivision shall not apply to a cat with a high
likelihood, due to age or infirmity, of suffering serious bodily harm
or death if sterilized. The owner or custodian shall obtain written
confirmation of this fact from a veterinarian licensed in this state.
If the cat is able to be sterilized at a later date, that date shall
be stated in the written confirmation.
(b) An owner or custodian who offers any unsterilized cat for
sale, trade, or adoption shall notify the licensing agency, if the
jurisdiction requires the licensing of cats, of the name and address
of the transferee within 10 days after the transfer. Any existing
microchip number for the cat shall appear on a document transferring
ownership of the cat to the new owner.
(c) If an unaltered cat is impounded pursuant to state or local
law, in addition to satisfying applicable requirements for the
release of the animal, including, but not limited to, payment of
impound fees pursuant to this section, the owner or custodian shall
also do one of the following:
(1) Provide written proof of the cat's prior sterilization, if
conditions cannot or do not make this assessment obvious to the
licensing agency personnel.
(2) Have the cat surgically sterilized by a veterinarian
associated with the licensing agency at the expense of the owner or
custodian. That expense may include additional fees due to any
extraordinary care required.
(3) Arrange to have the cat surgically sterilized by another
veterinarian licensed in this state.
(4) At the discretion of the licensing agency, the cat may be
released to the owner or custodian if he or she pays a refundable
deposit consistent with existing practices and procedures, or signs a
statement under penalty of perjury representing that the cat will be
surgically sterilized and that he or she will submit a statement by
the deadline set by the licensing agency, but in no case less than 10
days after the release, signed by the veterinarian, confirming that
the cat has been surgically sterilized or is incapable of breeding,
or confirming that the veterinarian has scheduled the operation
within a reasonable time.
(d) The owner or custodian of the unaltered cat shall be
responsible for the established costs of impoundment, which shall
include daily board costs, vaccination, medication, and any other
diagnostic or therapeutic applications as required by this section.
The owner or custodian shall comply with any additional impoundment
procedures.
(e) All costs and fines collected under this section and the fees
collected under subdivision (e) shall be paid to the licensing agency
for the purpose of defraying the cost of the implementation and
enforcement of this section.
(f) Nothing in this section shall prohibit a local jurisdiction
from enforcing or enacting local measures that require the spaying or
neutering of all cats, and this section shall not prohibit a local
jurisdiction from enacting or enforcing other local measures
pertaining to the obligations of a person owning or possessing a cat.

(g) For the purposes of this section, the following terms have the
following meanings:
(1) "Custodian" means any person who undertakes the personal care
and control of a cat, or any person who intentionally provides care,
security, or sustenance for a cat on the person's property for any
period exceeding 30 days. "Custodian" does not include a licensing
agency.
(2) "Licensing agency" means the municipal city or county animal
control agency or other entity responsible for enforcing laws
relating to animals.
(3) "Sterilize" means to permanently eliminate the ability of a
cat to reproduce by removing the sex organs or prohibiting
their functions preventing them from functioning
.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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 XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SECTION 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.


BILL ANALYSIS

SB 250
Page 1