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