BILL ANALYSIS                                                                                                                                                                                                    



                                        
                       SENATE LOCAL GOVERNMENT COMMITTEE
                         Senator Christine Kehoe, Chair


          BILL NO:  SB 861                      HEARING:  8/29/05
          AUTHOR:  Speier                       FISCAL:  No
          VERSION:  8/15/05                     CONSULTANT:  Detwiler
          
                  LOCAL SPAY, NEUTER, AND BREEDING ORDINANCES

                           Background and Existing Law  

          Local officials can formally identify "potentially  
          dangerous dogs" and "vicious dogs."  A potentially  
          dangerous dog must be kept indoors or restrained by a  
          substantial leash.  A dog that has been determined to be  
          vicious may be destroyed if its release would create a  
          significant threat to the public health, safety, and  
          welfare.

          Cities and counties can adopt more restrictive programs to  
          control potentially dangerous dogs or vicious dogs.   
          However, those local programs cannot "regulate these dogs  
          in a manner that is specific as to breed" (SB 428, Torres,  
          1989).

          After a dog killed a boy earlier this summer, San  
          Francisco's mayor appointed a Canine Response Working Group  
          to gather data, review the best practices for controlling  
          dogs, and recommend reforms.  The Working Group recommended  
          that the Legislature should amend the state law to allow  
          cities and counties to adopt breed-specific regulations,  
          provided that they did not ban specific breeds.

          The Working Group also recommended that San Francisco  
          officials should:
                 Require spaying and neutering pit bulls and pit  
               bull mixes.
                 Restrict the practice of dog breeding to licensed  
               persons.
                 Increase local fines for unregistered dogs.
                 Charge fees to the owners of vicious and dangerous  
               dogs.
                 Require vicious and dangerous dogs' owners to have  
               liability insurance.


                                   Proposed Law  




           
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          Senate Bill 861 allows cities and counties to enact  
          breed-specific ordinances only for mandatory spay or neuter  
          programs and breeding requirements, provided that the local  
          ordinances do not declare specific dog breeds or mixed dog  
          breeds to be potentially dangerous or vicious.

          If a city or county adopts such an ordinance, SB 861  
          requires local officials to measure the programs' effects  
          on dog bites.   Local statistical information must include  
          the bite's severity, the dog's breed, whether the dog was  
          altered, and whether the breed was subject to the local  
          ordinance.  Local officials must submit their statistics  
          quarterly to the State Public Health Veterinarian.

          The bill makes legislative findings and declarations in  
          support of its provisions.  


                                     Comments  

          1.   Framing the debate  .  The public regulation of pets  
          provokes strong emotional reactions.  Painful or fatal dog  
          attacks trigger calls for new rules and stricter  
          enforcement of existing laws.  Some dog owners oppose more  
          public regulations.  These strong emotions can cloud  
          legislators' policy choices.  In 1989, legislators adopted  
          a statewide statute regulating potentially dangerous and  
          vicious dogs, allowing stronger local controls that weren't  
          breed-specific.  SB 861 allows breed-specific local  
          regulations on spaying, neutering, and breeding specific  
          breeds, provided that they don't ban those breeds.  The  
          policy question posed by the bill is whether legislators  
          should give cities and counties a limited increase in their  
          authority to adopt local dog control programs.  Legislators  
          will have to see beyond the obvious emotions to sort out  
          the policy debate.

          2.   State or local control  ?  Legislators continually  
          struggle with how to balance state control and local  
          control.  State laws that preempt local control promote  
          uniformity.  Local controls allow local officials to adapt  
          controls to fit their communities' circumstances.   
          Statewide statutes are important when individuals' rights  
          are at stake --- voter qualifications, equal justice, fair  





           
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          access to public accommodations, uniform tax rules.  Local  
          controls are important when individual rights aren't at  
          risk and when there is general agreement that local elected  
          officials should respect community differences.  Some  
          industries and interest groups favor statewide laws because  
          they don't have to deal with 58 counties and 478 cities.   
          Other groups prefer local regulations because they can  
          advance their policies and economic goals one community at  
          a time.  SB 861 forces legislators to think about how they  
          balance state control and local control for dogs.  Current  
          law preempts local breed-specific ordinances in the name of  
          uniform treatment of dogs and their owners.  The bill  
          departs from that approach by allowing locally written,  
          breed-specific dog control ordinances, provided they don't  
          ban specific breeds.

          3.   Spay, neuter, breed  .  San Francisco's Working Group  
          recommended a local ordinance that would require spaying or  
          neutering pit bulls and pit bull mixes.  Further, the  
          Working Group recommended a local ordinance restricting dog  
          breeding to licensed persons.  SB 861 allows those kinds of  
          local, breed-specific ordinances.  The Working Group also  
          recommended a local ordinance that would require the owners  
          of vicious and dangerous dogs "to obtain a minimum  
          threshold of liability insurance."  San Francisco could  
          adopt that ordinance under current law, if it was not  
          breed-specific.  However, neither current law nor SB 861  
          allows local officials to adopt a breed-specific ordinance  
          that requires liability coverage.  A mandatory insurance  
          ordinance is acceptable only if it applies to individual  
          dogs that have been determined to be potentially dangerous  
          or vicious.  In other words, a mandatory insurance  
          ordinance is allowed only if it's not breed-specific.   SB  
          861 is not an insurance bill.

          4.   Committee's choices  .  When it passed the Senate in  
          June, SB 861 required the Medi-Cal program to update drug  
          prices.  The Assembly amendments removed those provisions  
          and instead inserted the language relating to local spay,  
          neuter, and breeding ordinances.  Under Senate Rule 29.10,  
          the Senate Rules Committee has referred the amended bill to  
          the Senate Local Government Committee for a hearing on the  
          Assembly's amendments.  At its August 29 hearing, the  
          Committee has four choices:
                 Send the bill back to the Senate Floor,  





           
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               recommending concurrence.
                 Send the bill back to the Senate Floor,  
               recommending nonconcurrence.
                 Send the bill back to the Senate Floor, without  
               recommendation.
                 Hold the bill.


                                 Assembly Actions  

          Not relevant to the August 15, 2005 version of the bill.


                         Support and Opposition  (8/25/05)

           Support  :  City and County of San Francisco, Counties of Los  
          Angeles, Napa, Tehama; Cities of Apple Valley, Concord,  
          Fremont, San Jos?, Santa Rosa, West Hollywood; Ace of  
          Hearts Dog Rescue, Action for Animals, Animal Defense  
          League, Animal Issues Movement, Animal Legislation Action  
          Network, Animal Place, Animal Switchboard, Association of  
          Veterinarians for Animal Rights, California Animal Control  
          Directors Association, California Association of Nurse  
          Anesthetists, California Lobby for Animal Welfare, Contra  
          Costa Humane Society, Doris Day Animal League, Friends of  
          Long Beach Animals, League of California Cities, Peninsula  
          Humane Society, PETA, United Activists for Animal Rights,  
          United Animal Nations; two individuals.

           Opposition  :  American Dog Breeders Association, American  
          Kennel Club, American Rottweiler Club Legislation  
          Committee, Association for Responsible Pet Ownership,  
          California Veterinary Medical Association, Chako Rescue  
          Association, Doberman Pinscher Club of America, German  
          Shepherd Club of San Jos? Inc., German Shepherd Dog  
          Fanciers, Linda Blair's WorldHeart Foundation, My Dog  
          Votes, National Pet Alliance, Responsible Dog Owners of the  
          Western States, San Francisco Dog Training Club Inc.,  
          spcaLA, The Animal Council, West Los Angeles Responsible  
          Dog Owners; 38 individuals.