BILL NUMBER: AB 1634 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Levine
(Principal coauthor: Senator Padilla)
(Coauthor: Assembly Member Nava)
FEBRUARY 23, 2007
An act to add Chapter 9 (commencing with Section 122336) to Part 6
of Division 105 of the Health and Safety Code, relating to pets.
LEGISLATIVE COUNSEL'S DIGEST
AB 1634, as amended, Levine. California Healthy Pets Act.
Existing law sets forth provisions relating to veterinary public
health and safety and provides for or regulates spay, neuter, and
breeding programs for animals.
This bill would prohibit any person from owning or possessing any
unaltered cat or dog over the age of 4 months
that has not been spayed or neutered , unless that person
possesses an intact permit, as specified
defined . The bill would establish an intact permit fee in an
amount to be determined by a local jurisdiction, as defined,
and would require the revenue from these fees to be used
for the administration of the local jurisdiction's permit program.
The bill would make a violation of these provisions punishable by a
prescribed fine.
The bill civil penalty. It would
require all revenues derived from these fines
civil penalties to be used for funding free and
low-cost spay and neuter programs, and outreach efforts for these
programs, which would be required to be established by each local
animal control agency, to the extent that funding is available, and
for the enforcement of these provisions , and, to the
extent funding is available, free and low-cost spay and neuter
programs, and outreach efforts for those programs, which would be
required to be established by each local animal control agency
.
By increasing the enforcement responsibility of local agencies,
this bill would create a state-mandated local program.
The bill would become operative on April 1, 2008.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
California Healthy Pets Act.
SEC. 2. Chapter 9 (commencing with Section 122336) is added to
Part 6 of Division 105 of the Health and Safety Code, to read:
CHAPTER 9. SPAY AND NEUTER PROGRAM FOR CATS AND DOGS
Article 1. Definitions
122336. For purposes of this chapter, the following definitions
shall apply:
(a) "Alter" means to spay or neuter an animal, as performed by a
California licensed veterinarian.
(b)
(a) "Intact permit" means a document issued annually by
a local jurisdiction or its local animal control agency if
authorized to issue these permits, that authorizes a
person to own or possess within that locality an unaltered cat or
dog and meets the requirements of subdivision (a) of Section
122336.2. A dog or cat license that meets the requirements of
subdivision (a) of Section 122336.2 shall be considered a permit for
purposes of this chapter .
(c)
(b) "Local animal control agency" means the municipal
or county animal control agency or other entity responsible for
enforcing animal-related laws.
(d)
(c) "Local jurisdiction" means any city, county, or
city and county.
(d) "Spay or neuter" means any procedure, as performed by a duly
licensed veterinarian, that permanently sterilizes an animal and
makes it incapable of reproduction.
Article 2. General Provisions
122336.1. (a) A person shall not own or possess within the state
any cat or dog over the age of four months that has not been spayed
or neutered, unless that person possesses an intact permit, as
defined in subdivision (b) of Section 122336.
(b) Any person who violates subdivision (a) shall be subject to
the following:
(1) Unless paragraph (2) applies, a person in violation of
subdivision (a) shall have his or her cat or dog spayed or neutered
within 30 days from the date of compliance as required under this
section or Article 3 (commencing with Section 122336.2), whichever is
applicable.
(2) If a person in violation of subdivision (a) provides a letter
from a California licensed veterinarian indicating that due to age,
poor health, or illness, it is unsafe to spay or neuter the cat or
dog within 30 days from the date of compliance under this section or
Article 3 (commencing with Section 122336.2), whichever is
applicable, and indicating that arrangements have been made to
alter spay or neuter the cat or dog
within 75 days from that date of compliance, he or she shall have his
or her cat or dog spayed or neutered within that 75-day period.
(3) Any person who violates subdivision (a) shall, for each animal
for which a violation has occurred, be subject to a civil penalty of
five hundred dollars ($500) for each applicable period of
noncompliance, as set forth in paragraphs (1) and (2). This penalty
shall be imposed in addition to any other civil or criminal penalties
imposed by the local jurisdiction.
(c) Any fines imposed under subdivision (b) shall
may be waived by the local jurisdiction if the
person in violation provides proof
verification that his or her cat or dog has been spayed or
neutered by a California licensed veterinarian or provides
proof that he or she has obtained an intact permit for the cat or
dog. .
(d) Any person who, on or after April 1, 2008, is in possession of
an intact permit or a document that qualifies as an intact permit,
as defined in subdivision (a) of Section 122336, shall be deemed in
compliance with this act until the permit expires, and in any event,
not later than January 1, 2009, shall be required to comply with
subdivision (a), unless that person qualifies for a new intact permit
pursuant to Article 3 (commencing with Section 122336.2).
Article 3. Permits
122336.2. (a) A local jurisdiction shall issue an intact permit,
as defined in subdivision (b) (a) of
Section 122336, if all any of the
following conditions are is met:
(1) The cat or dog is registered as a purebred with a pedigree
with any of the following organizations:
(A) The American Kennel Club.
(B) The United Kennel Club.
(C) The American Dog Breeders Association.
(D) The International Cat Association.
(E) A recognized registry approved by the local animal control
agency.
(1) The owner demonstrates, by providing a copy of his or her
business license and federal and state tax number, or by other means,
as determined by the local entity authorized to issue permits, that
he or she is doing business and is licensed as a breeder by the local
jurisdiction or its authorized local animal control agency.
(2) The owner sufficiently demonstrates, as determined in the
discretion of the local entity authorized to issue intact permits,
all of the following:
(A) His or her cat or dog is used to show or compete and has
competed in at least one legitimate show or sporting competition
within the last two years.
(B) His or her cat or dog is a valid breed that is recognized by
an approved registry.
(C) The cat or dog has earned, or if under two years old, is in
the process of earning, a conformation, obedience, agility, carting,
herding, protection, rally, sporting, working, or other title from an
approved purebred registry or association.
(2)
(3) The dog is appropriately trained and meets the
definition of guide dog, service dog, or signal dog, as set forth in
subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code.
(3) The dog is
(4) The dog is trained, or is
documented as having been appropriately trained and actively used by
law enforcement agencies for law enforcement and rescue activities.
(4)
(5) The owner of a cat or dog provides a letter to the
local jurisdiction from a California licensed veterinarian stating
that due to age, poor health, or illness, it is unsafe to spay or
neuter the cat or dog. This letter shall include the veterinarian's
license number and shall be provided, upon request, to the
local animal control agency. and shall, if this
information is available, include the date by which the dog or cat
may be safely spayed or neutered.
(b) An unaltered cat or dog for which an intact permit was issued
who ceases to meet the requirements of subdivision (a) is subject to
the spay and neuter requirements set forth in Section 122336.1.
(c) (1) The amount of the fee for an intact
permit shall be determined by the local jurisdiction, and shall be no
more than what is reasonably necessary to fund the administration of
that jurisdiction's intact permit program.
(2) If necessary, by May 15, 2008, a local jurisdiction may adopt
a permit differential fee for any dog or cat that is not spayed or
neutered, and for which there has been issued an intact permit, or a
document that qualifies as an intact permit under subdivision (a) of
Section 122336, prior to the enactment of this chapter.
(d) Nothing in this section shall prohibit a local jurisdiction
from adopting or enforcing a more restrictive spay or neuter program
pursuant to Section 122331, provided that the program allows for a
cat or dog to be temporarily or permanently exempted from a spay or
neuter requirement for the reasons set forth in paragraph (4) of
subdivision (a).
Article 4. Funding
122336.3. (a) To the extent that funding is available pursuant to
this chapter, a local animal control agency shall establish a free
and low-cost spay and neuter program for low-income individuals. The
agency shall undertake outreach efforts to inform qualified persons
about these programs.
(b) All fines civil penalties
collected pursuant to paragraph (3) of subdivision (b) of Section
122336.1 shall be used for funding free and low-cost spay
and neuter programs and outreach efforts in the jurisdiction where
the violation occurred, and for the enforcement activities
the enforcement activities set forth in Article 5
(commencing with Section 122336.4).
(c) All permit fees collected pursuant to subdivision (c) of
Section 122336.2, shall be used for funding the administration of the
permit program in the local jurisdiction in which the permits are
issued.
Article 5. Enforcement
122336.4. A local animal control agency shall be responsible for
enforcing and administering this chapter.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 4. This act shall become operative on April
1, 2008.