BILL ANALYSIS
AB 670
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CONCURRENCE IN SENATE AMENDMENTS
AB 670 (Spitzer)
As Amended June 27, 2007
Majority vote
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|ASSEMBLY: |76-0 |(May 7, 2007) |SENATE: |36-0 |(July 16, |
| | | | | |2007) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires 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.
The Senate amendments change the time requirement for notification
by the person with custody and control of an animal from
immediately after a bite, to "as soon as practicable but no later
than 48 hours" after the animal bit another person.
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 (DPH),
procure its vaccination by a licensed veterinarian with a canine
anti-rabies vaccine approved by, and in a manner, prescribed by
DPH.
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.
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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.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required 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)Stated 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)Stated 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.
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4)Provided that a violation of this section is an infraction
punishable by a fine not exceeding $100.
5)Stated 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".
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
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: 0001922