California state Assembly member Lloyd Levine has backed away from efforts to mandate spay/neuter of dogs and cats statewide.

His bill, AB 1634, The California Healthy Pets Act, had been stalled for months in committee.

Opponents had expressed concern about the lack of funding for low cost spay/neuter and the impact on the poor. Opponents also cited the expense of enforcement and mixed results of mandatory spay/neuter particularly where there is little or no free or low cost spay/neuter. Then there were the breeders who felt the proposed law did not provide enough exemptions for them.

In the meantime, Los Angeles city passed a mandatory spay/neuter ordinance.

Finally, today, AB 1634 passed the California Senate Local Government Committee by 3-2.

But it is no longer a statewide mandatory spay/neuter bill. Instead, the bill would increase fines for dogs and cats that are impounded and found not to be spayed/neutered. On the third occurrence, the dog or cat is spayed/neutered at the owner's cost.

The bill would also add a new law imposing civil fines on owners if there is a complaint to animal control about a dog or cat that is then found not to be spayed/neutered. The fines would be $50 for the first occurrence and $100 for a second offense, and the cat would be spayed/neutered on the second occurrence while dogs would be spayed/neutered on the third offense at the owner's expense. The fine could be waived if the owner presents proof within 14 days that the dog or cat has been spayed/neutered.

A "complaint" refers to allegations by a neighbor, citizen, someone, or animal control or the police about some violation of a statute, ordinance or regulation but does not include complaints about excessive noise or barking.

Still a pretty good incentive to have dogs and cats spayed/neutered. The new bill is being called the "3 strikes you're out law" though for cats it is 2 strikes.

Why any strikes?  California spent $300 million in 2007 to shelter, care for and then euthanize 500,000 dogs and cats.

The committee vote was along party lines with Republican Sens. Harmon and Cox voting "nay" and Democrat Sens. Negrete, McLeod, Machado, and Kehoe voting "aye."

The bill moves next to the Appropriations Committee.