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
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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