BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 670
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 670 (Spitzer)
          As Amended April 30, 2007
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      15-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Solorio, Aghazarian,      |Ayes:|Leno, Walters, Caballero, |
          |     |Huff,                     |     |Davis, DeSaulnier,        |
          |     |De La Torre, Leno, Ma,    |     |Emmerson, Huffman,        |
          |     |Portantino                |     |Karnette, Krekorian, La   |
          |     |                          |     |Malfa, Lieu, Nakanishi,   |
          |     |                          |     |Nava, Sharon Runner,      |
          |     |                          |     |Solorio                   |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires that a person who owns or has custody or  
          control of an animal and knows or has reason to know that the  
          animal bit another person to provide specified personal  
          identifying information to that other person.  Specifically,  
           this bill  :  

          1)Requires the person who owns or has custody or control of the  
            animal to immediately provide the other person with his/her  
            name, address, telephone number and the name, and license tag  
            number of the animal who bit the other person.

          2)States that if a minor has custody and control of the animal  
            at the time of the bite, he/she shall provide contact  
            information of an adult or responsible party.

          3)States that if the animal is required by law to be vaccinated  
            against rabies, the person owning or having custody or control  
            of the animal shall, within 48 hours of the bite, provide the  
            other person with information regarding the status of the  
            animal's vaccinations.

          4)Provides that a violation of this section is an infraction  
            punishable by a fine not exceeding $100.

          5)States that, for the purposes of this section, it is necessary  
            for the skin of the person to be broken or punctured by the  
            animal for the contact to be classified as a "bite".







                                                                  AB 670
                                                                  Page  2



           EXISTING LAW  :

          1)Provides that every dog owner, after his/her dog reaches the  
            age of four months, shall, no less than once every two years,  
            secure a license for the dog as provided for by the ordinance  
            of the responsible city, county, city and county, or county.  

          2)Provides that every dog owner, after his/her dog reaches the  
            age of four months, shall, at intervals not more often than  
            once per year as prescribed by the Department [of Public  
            Health], procure its vaccination by a licensed veterinarian  
            with a canine anti-rabies vaccine approved by, and in a  
            manner, prescribed by the Department. 

          3)Provides that nothing shall authorize the bringing of an  
            action pursuant to this law based on a bite or bites inflicted  
            upon a trespasser, upon a person who has provoked the dog or  
            contributed to his/her own injuries, or by a dog used in  
            military or police work if the bites occurred while the dog  
            was actually performing in that capacity.  Defines  
            "provocation" as including, but not limited to, situations  
            where a dog is held on a leash by its owner or custodian  
            reacts in a protective manner to a person or persons who  
            approach the owner or custodian in a threatening manner. 

          4)States that nothing in this section shall be construed to  
            affect the liability of the owner of a dog under Penal Code  
            Section 399 or any other provision of law. 

          5)Provides that it is a misdemeanor for any person to willfully  
            conceal information about the location or ownership of an  
            animal . . . that has bitten or otherwise exposed a person to  
            rabies. 

          6)Allows cities and counties to enact an ordinance that provides  
            for the issuance of a license for a period not to exceed three  
            years for dogs who are 12 months of age or older and have been  
            vaccinated against rabies.  States that a license shall not  
            extend beyond the period of the validity of the current rabies  
            vaccination. 

          7)Allows cities and counties to enact more stringent  
            requirements in the exercise of their police power. 








                                                                  AB 670
                                                                  Page  3


          8)States that any person who willfully conceals information  
            about the location or ownership of an animal subject to rabies  
            that has bitten or otherwise exposed a person to rabies, with  
            the intent to prevent the quarantine or isolation of that  
            animal by the local health officer, is guilty of a  
            misdemeanor. 

          9)Provides that except as otherwise provided, every person who  
            possesses an animal in violation of the [rabies control]  
            provisions of this chapter is guilty of an infraction,  
            punishable by a fine not exceeding $1,000. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, minor increase in local fine revenue.

           COMMENTS  :  According to the author, this bill "will require that  
          pet owners exchange information with any person who has been  
          bitten by his or her animal.  Current law requires that a person  
          involved in an auto accident provide his or her name, address,  
          and registration number of the vehicle to all parties involved  
          in the accident and to any traffic or police officer at the  
          scene.  Likewise, when a person owns a pet, he or she has  
          certain responsibilities, such as keeping the animal on a leash  
          or keeping children and the elderly a safe distance from the  
          pet.  In the event of a biting incident, parties involved should  
          have the right to know who the owner is, any critical health  
          issues, and the vaccination history of the animal.  This bill  
          will require the owner of a domesticated animal (such as a dog  
          or cat) to share his or her name, address, and phone number and  
          the animal's name, breed, and license number with the victim of  
          the bite, and to provide a history of the animal's rabies  
          vaccinations within 48 hours." 

          Please see the policy committee analysis for full discussion of  
          this bill.
           

          Analysis Prepared by  :    Kathleen Ragan / PUB. S. / (916)  
          319-3744 


                                                                FN: 0000423