Several Arizona representatives are sponsoring a bill, H.B. 2516, that would mandate spay/neuter for all dogs and cats over 6 months old unless the owner qualifies for and obtains an intact permit. Fees for the intact permit will be set by each county.

The number of instances when an owner can obtain an intact permit almost swallows the law.

The following are exempt if they obtain an intact permit:

      USDA licensed commercial dog or cat breeders,

      dogs or cats competing in shows or other competitions sponsored by an approved registry within the past two years, dogs or cats earning or in the process of earning a "conformation, obedience, agility, carting, herding, protection, rally, sporting, working or other title from a recognized registry or association";

        working dogs,

        dogs on ranches that are used for herding or guarding livestock,

        dogs training or working for law enforcement, fire agencies, search and rescue or medical services, professional or volunteer private sector working dog organizations, or as guide, signal, or service dogs or used for any of the purposes permitted by the federal Animal Welfare Act §§2131-2159 (breeding, exhibitions, research);

        dogs or cats a veterinarian has said should not be spayed/neutered,

        dogs or cats temporarily in this state for lawful reasons.

Then there would also an exception for dogs or cats bred under a written agreement that allows "one male dog and one male female dog per household to produce a single litter of offspring" within a year.  It is not clear if this means the male and female can each produce a litter or it is envisioned they will be bred with each other.  

There would be a number of conditions under this agreement:

       the dog has been examined by a licensed veterinarian and is following a preventive health care program recommended by the veterinarian.

     the owner has not been convicted of any state or local law involving the dog (apparently it's okay if the owner has been convicted of a violation of the law involving another animal).

      the dog does not bite

      the dog is properly housed and cared for with sufficient good and wholesome food and water, clean shelter, and exercise

       the owner furnishes a signed statement not to sell or adopt out the litter before eight weeks of age, agreeing to keep records of the number of offspring and the identity of the buyer or adopting person;

      the owner takes the dog to a veterinarian and obtains necessary care before any sale or adoption,  

      any advertisement for the sale or adoption of the offspring prominently displays the dog's intact permit number; and

       the dog is spayed or neutered within thirty days after producing the offspring.

 

Non-compliance would mean a $500 civil penalty. The new law would also provide grounds and a procedure for revocation of any intact permit.

Will It Work?

A complicated law to administer and enforce. Not to mention it is likely to be expensive and require a great deal of animal control resources.  The burden will likely fall on the working class and poor in Arizona. Licensing compliance will almost certainly fall off at least for a few years, decreasing revenues to animal control.

Maricopa County (Phoenix) Animal Care and Control reported a euthanasia rate in 2007 of 58%, nearly 58,000 animals killed.  The city of Yuma had a euthanasia rate in 2007 of over 50% of the more than 12,000 animals taken into its public shelter. High rates are reported in Pinal, Mojave and other counties and on Native American reservations in Arizona.

So, it is no wonder Arizona legislatures want to do something to stop the killing. But will mandatory spay/neuter especially under the complicated scheme proposed actually reduce intake and euthanasia rates?  Free or low cost spay/neuter is the key.

The bill would expand the rabies control fund, A.R.S. § 11-1011, to a rabies and animal control fund that counties including animal control can maintain and use for enforcement and also for spay/neuter programs for low income residents. Fees and penalties assessed under the new law would go into this fund.

Arizona does also have a fund for free or low cost spay/neuter programs operated by animal control agencies or animal welfare organizations that are 501c3's. A.R.S. §28-2422.01-.02 It is funded primarily by a special license plate. A.R.S. §28-2422

The Arizona Animal Welfare League is currently administering Maddie's^® Spay/Neuter Project in Maricopa County to provide low cost spay/neuter and help reduce shelter intake. A number of animal welfare organizations and veterinarians are participating in the project which includes a program to spay/neuter pit bulls.   

But without substantial increases in available free or low cost spay/neuter, it is not clear this proposed plan will work to lower significantly intake and euthanasia rates at the state's public shelters.

What You Can Do

Click here for a list of the bill's sponsors.

Click here for a copy of the bill. 

Click here to find Arizona representatives. Call and urge them to provide free or low cost spay/neuter as a solution to pet overpopulation and high shelter intake and euthanasia rates.