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California Assembly Bill AB2954

California 2023-2024 Regular Session

California Assembly Bill AB2954 Compare Versions

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1-Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2954Introduced by Assembly Member Wendy CarrilloFebruary 16, 2024An act to amend Section 16442 of add Section 31755 to the Food and Agricultural Code, relating to animals. LEGISLATIVE COUNSEL'S DIGESTAB 2954, as amended, Wendy Carrillo. Animals at large: civil penalties. Cats: declawing procedures: prohibition.Existing law prohibits a person from performing, or otherwise procuring or arranging for the performance of, surgical claw removal, declawing, an onychectomy, or a tendonectomy on any cat that is a member of an exotic or native wild cat species, and prohibits a person from otherwise altering such a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, except solely for a therapeutic purpose.This bill would prohibit a person from performing surgical claw removal, declawing, or a tendonectomy on any cat or otherwise altering a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws, except for a therapeutic purpose. The bill would subject a person that violates that prohibition to specified civil penalties.Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 31755 is added to the Food and Agricultural Code, to read:31755. (a) For purposes of this section, the following definitions apply:(1) Cat means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.(2) Declawing means an onychectomy or any other surgical procedure to amputate or modify a portion of a cats paw in order to remove the cats claws. Declawing does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.(3) Tendonectomy means a procedure in which the tendons to a cats limbs, paws, or toes are cut or modified so that the normal functioning of the claws is impaired.(4) Therapeutic purpose means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cats health. Therapeutic purpose does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws.(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.(c) A violation of this section shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, or imposing a more severe penalty for performing such an action.SECTION 1.Section 16442 of the Food and Agricultural Code is amended to read:16442.The Attorney General shall, upon complaint by the secretary, or may upon the Attorney Generals own initiative, if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating this part.
1+CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2954Introduced by Assembly Member Wendy CarrilloFebruary 16, 2024 An act to amend Section 16442 of the Food and Agricultural Code, relating to animals. LEGISLATIVE COUNSEL'S DIGESTAB 2954, as introduced, Wendy Carrillo. Animals at large: civil penalties.Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 16442 of the Food and Agricultural Code is amended to read:16442. The Attorney General shall, upon complaint by the director, secretary, or may upon his the Attorney Generals own initiative, if after examination of the complaint and evidence he the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part.
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3- Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2954Introduced by Assembly Member Wendy CarrilloFebruary 16, 2024An act to amend Section 16442 of add Section 31755 to the Food and Agricultural Code, relating to animals. LEGISLATIVE COUNSEL'S DIGESTAB 2954, as amended, Wendy Carrillo. Animals at large: civil penalties. Cats: declawing procedures: prohibition.Existing law prohibits a person from performing, or otherwise procuring or arranging for the performance of, surgical claw removal, declawing, an onychectomy, or a tendonectomy on any cat that is a member of an exotic or native wild cat species, and prohibits a person from otherwise altering such a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, except solely for a therapeutic purpose.This bill would prohibit a person from performing surgical claw removal, declawing, or a tendonectomy on any cat or otherwise altering a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws, except for a therapeutic purpose. The bill would subject a person that violates that prohibition to specified civil penalties.Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2954Introduced by Assembly Member Wendy CarrilloFebruary 16, 2024 An act to amend Section 16442 of the Food and Agricultural Code, relating to animals. LEGISLATIVE COUNSEL'S DIGESTAB 2954, as introduced, Wendy Carrillo. Animals at large: civil penalties.Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Amended IN Assembly March 18, 2024
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7-Amended IN Assembly March 18, 2024
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 2954
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1515 Introduced by Assembly Member Wendy CarrilloFebruary 16, 2024
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1717 Introduced by Assembly Member Wendy Carrillo
1818 February 16, 2024
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20-An act to amend Section 16442 of add Section 31755 to the Food and Agricultural Code, relating to animals.
20+ An act to amend Section 16442 of the Food and Agricultural Code, relating to animals.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 2954, as amended, Wendy Carrillo. Animals at large: civil penalties. Cats: declawing procedures: prohibition.
26+AB 2954, as introduced, Wendy Carrillo. Animals at large: civil penalties.
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28-Existing law prohibits a person from performing, or otherwise procuring or arranging for the performance of, surgical claw removal, declawing, an onychectomy, or a tendonectomy on any cat that is a member of an exotic or native wild cat species, and prohibits a person from otherwise altering such a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, except solely for a therapeutic purpose.This bill would prohibit a person from performing surgical claw removal, declawing, or a tendonectomy on any cat or otherwise altering a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws, except for a therapeutic purpose. The bill would subject a person that violates that prohibition to specified civil penalties.Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.This bill would make nonsubstantive changes to that provision.
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30-Existing law prohibits a person from performing, or otherwise procuring or arranging for the performance of, surgical claw removal, declawing, an onychectomy, or a tendonectomy on any cat that is a member of an exotic or native wild cat species, and prohibits a person from otherwise altering such a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, except solely for a therapeutic purpose.
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32-This bill would prohibit a person from performing surgical claw removal, declawing, or a tendonectomy on any cat or otherwise altering a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws, except for a therapeutic purpose. The bill would subject a person that violates that prohibition to specified civil penalties.
28+Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.This bill would make nonsubstantive changes to that provision.
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3430 Existing law requires the Attorney General, upon complaint by the Secretary of Food and Agriculture, and authorizes the Attorney General upon their own initiative, to bring action for civil penalties against any person violating certain provisions of the Food and Agricultural Code relating to animals.
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3832 This bill would make nonsubstantive changes to that provision.
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4234 ## Digest Key
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4436 ## Bill Text
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46-The people of the State of California do enact as follows:SECTION 1. Section 31755 is added to the Food and Agricultural Code, to read:31755. (a) For purposes of this section, the following definitions apply:(1) Cat means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.(2) Declawing means an onychectomy or any other surgical procedure to amputate or modify a portion of a cats paw in order to remove the cats claws. Declawing does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.(3) Tendonectomy means a procedure in which the tendons to a cats limbs, paws, or toes are cut or modified so that the normal functioning of the claws is impaired.(4) Therapeutic purpose means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cats health. Therapeutic purpose does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws.(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.(c) A violation of this section shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, or imposing a more severe penalty for performing such an action.SECTION 1.Section 16442 of the Food and Agricultural Code is amended to read:16442.The Attorney General shall, upon complaint by the secretary, or may upon the Attorney Generals own initiative, if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating this part.
38+The people of the State of California do enact as follows:SECTION 1. Section 16442 of the Food and Agricultural Code is amended to read:16442. The Attorney General shall, upon complaint by the director, secretary, or may upon his the Attorney Generals own initiative, if after examination of the complaint and evidence he the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part.
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4840 The people of the State of California do enact as follows:
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5042 ## The people of the State of California do enact as follows:
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52-SECTION 1. Section 31755 is added to the Food and Agricultural Code, to read:31755. (a) For purposes of this section, the following definitions apply:(1) Cat means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.(2) Declawing means an onychectomy or any other surgical procedure to amputate or modify a portion of a cats paw in order to remove the cats claws. Declawing does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.(3) Tendonectomy means a procedure in which the tendons to a cats limbs, paws, or toes are cut or modified so that the normal functioning of the claws is impaired.(4) Therapeutic purpose means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cats health. Therapeutic purpose does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws.(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.(c) A violation of this section shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, or imposing a more severe penalty for performing such an action.
44+SECTION 1. Section 16442 of the Food and Agricultural Code is amended to read:16442. The Attorney General shall, upon complaint by the director, secretary, or may upon his the Attorney Generals own initiative, if after examination of the complaint and evidence he the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part.
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54-SECTION 1. Section 31755 is added to the Food and Agricultural Code, to read:
46+SECTION 1. Section 16442 of the Food and Agricultural Code is amended to read:
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5648 ### SECTION 1.
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58-31755. (a) For purposes of this section, the following definitions apply:(1) Cat means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.(2) Declawing means an onychectomy or any other surgical procedure to amputate or modify a portion of a cats paw in order to remove the cats claws. Declawing does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.(3) Tendonectomy means a procedure in which the tendons to a cats limbs, paws, or toes are cut or modified so that the normal functioning of the claws is impaired.(4) Therapeutic purpose means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cats health. Therapeutic purpose does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws.(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.(c) A violation of this section shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, or imposing a more severe penalty for performing such an action.
50+16442. The Attorney General shall, upon complaint by the director, secretary, or may upon his the Attorney Generals own initiative, if after examination of the complaint and evidence he the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part.
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60-31755. (a) For purposes of this section, the following definitions apply:(1) Cat means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.(2) Declawing means an onychectomy or any other surgical procedure to amputate or modify a portion of a cats paw in order to remove the cats claws. Declawing does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.(3) Tendonectomy means a procedure in which the tendons to a cats limbs, paws, or toes are cut or modified so that the normal functioning of the claws is impaired.(4) Therapeutic purpose means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cats health. Therapeutic purpose does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws.(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.(c) A violation of this section shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, or imposing a more severe penalty for performing such an action.
52+16442. The Attorney General shall, upon complaint by the director, secretary, or may upon his the Attorney Generals own initiative, if after examination of the complaint and evidence he the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part.
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62-31755. (a) For purposes of this section, the following definitions apply:(1) Cat means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.(2) Declawing means an onychectomy or any other surgical procedure to amputate or modify a portion of a cats paw in order to remove the cats claws. Declawing does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.(3) Tendonectomy means a procedure in which the tendons to a cats limbs, paws, or toes are cut or modified so that the normal functioning of the claws is impaired.(4) Therapeutic purpose means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cats health. Therapeutic purpose does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws.(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.(c) A violation of this section shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, or imposing a more severe penalty for performing such an action.
54+16442. The Attorney General shall, upon complaint by the director, secretary, or may upon his the Attorney Generals own initiative, if after examination of the complaint and evidence he the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part.
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66-31755. (a) For purposes of this section, the following definitions apply:
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68-(1) Cat means an animal of the taxonomic family felidae, except an animal that is a member of an exotic or native wild cat species as defined in Section 597.6 of the Penal Code.
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70-(2) Declawing means an onychectomy or any other surgical procedure to amputate or modify a portion of a cats paw in order to remove the cats claws. Declawing does not include the trimming of nonviable claw husk or placing nonpermanent nail caps.
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72-(3) Tendonectomy means a procedure in which the tendons to a cats limbs, paws, or toes are cut or modified so that the normal functioning of the claws is impaired.
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74-(4) Therapeutic purpose means a medically necessary procedure to address an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cats health. Therapeutic purpose does not include a procedure performed for a cosmetic or aesthetic purpose or to make the cat more convenient to keep or handle.
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76-(b) (1) A person shall not perform surgical claw removal, declawing, or a tendonectomy on any cat or otherwise alter a cats toes, claws, or paws to prevent or impair the normal function of the cats toes, claws, or paws.
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78-(2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose.
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80-(c) A violation of this section shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand five hundred dollars ($2,500) for the third and any subsequent violation.
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82-(d) This section does not preempt any local ordinance adopted before January 1, 2025, prohibiting surgical claw removal, declawing, or a tendonectomy on any cat, or otherwise prohibiting the altering of a cats toes, claws, or paws to prevent the normal function of the cats toes, claws, or paws, or imposing a more severe penalty for performing such an action.
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88-The Attorney General shall, upon complaint by the secretary, or may upon the Attorney Generals own initiative, if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating this part.
58+16442. The Attorney General shall, upon complaint by the director, secretary, or may upon his the Attorney Generals own initiative, if after examination of the complaint and evidence he the Attorney General believes a violation has occurred, bring an action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part.