BILL NUMBER: AB 1634	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2007
	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
cat or dog over the age of 4 months that has not been spayed or
neutered, unless that person possesses an intact permit, as defined.
The bill would establish an intact permit fee in an amount to be
determined by a local jurisdiction, 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  prescribedcivil 
 prescribed civil  penalty. It would require all revenues
derived from these civil penalties to be used for funding the 
outreach efforts in connection with, and the administration and 
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) "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.
   (b) "Local animal control agency" means the municipal or county
animal control agency or other entity responsible for enforcing
animal-related laws.
   (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 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 
 (b)     Subject to subdivision (c), 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 of five hundred dollars ($500). This  penalty
shall be imposed in addition to any other civil or criminal penalties
imposed by the local jurisdiction. 
   (c) If an owner of a cat or dog 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 and
that arrangements have been made to spay or neuter the cat or dog
within 75 days from the date the cat or dog reaches the age of four
months, and the owner has his or her cat or dog spayed within that
75-day period, and the owner shall not be in violation of this act.

    (c)     Any fines
  (d)     Any civil penalty 
imposed under subdivision (b) may be waived by the local jurisdiction
if the person in violation provides verification that his or her cat
or dog has been spayed or neutered. 
   (d) 
    (e)    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   of any  
document issued by the local jurisdiction or its authorized animal
control agency that permits the owner to possess an unaltered cat or
dog shall be deemed  in compliance with this act until 
the permit   the document  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).   or January 1, 2009, which ever occurs
first. 

      Article 3.  Permits


   122336.2.  (a)  A local jurisdiction shall issue an intact permit,
as defined in subdivision (a) of Section 122336, if any of the
following conditions is met:
   (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.   proof, as requested by the local
jurisdiction or its authorized animal control agency, that he or she
  is doing business and is licensed as a breeder at a
location for which the local jurisdiction or its authorized animal
control agency has issued a breeder permit. 
   (2) The owner sufficiently demonstrates, as determined in the
 discretion of the local entity authorized to issue intact
permits, all   discretion of the local jurisdiction or
its authorized animal control agency, 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.   , hosted by, or
under the approval of, a recognized purebred registry or association
in existence since at least October 1, 2007, within the last two
years, or by whatever proof is requested by the authorized local
animal control agency that the cat or dog is being trained to show or
compete and is too young to have yet competed. 
   (B) His or her cat or dog is a valid breed that is recognized by
 an approved registry.   an approved purebred
registry or association in existence since at least October 1, 2007.

   (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. 
    (3) The dog is appropriately trained and meets the definition of

    (3)     The owner provides proof to the
local jurisdiction or its authorized local animal control agency that
the dog is being trained or is documented as having been
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.
   (4) The  dog is   owner provides proof to the
local jurisdiction or its authorized local animal control agency
that the dog is being  trained, or is documented as having been
appropriately trained  ,  and actively used by law
enforcement agencies for law enforcement  and  
or  rescue activities.
   (5) The owner of a cat or dog provides a letter to the local
jurisdiction  or its authorized local animal control agency 
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, if this information is available, include the
date   , shall be periodically updated, and shall, if
this information is available, include the duration of the condition
of the dog or cat, and 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. 

   (2) A local jurisdiction shall waive the fee for an unaltered cat
or dog that meets the requirements of paragraph (3) or (4) of
subdivision (a), and may waive all or part of the fee for an
unaltered cat or dog meeting the requirements of paragraph (5) of
subdivision (a). 
   (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).   paragraphs (3) to (5),
inclusive, of subdivision (a). 
    (e) Any owner of a cat or dog who is not a resident of
California and who brings a cat or dog into California from outside
the state shall be exempted from the permit requirements set forth in
this chapter if the owner provides proof, as determined by the local
jurisdiction or its authorized animal control agency, that he or she
moved from another state or country after April 1, 2008. For
purposes of this subdivision, proof may include, but need not be
limited to, a valid driver's license from another state. 

      Article 4.  Funding


   122336.3.  (a)  To   1)    
Any civil penalty collected pursuant to subdivision (b) of Section
122336.1 shall be used for funding the administration, outreach, and
enforcement activities set forth in Article 5 (commencing with
Section 122336.4). 
    (2)     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 civil penalties collected pursuant to paragraph (3) of
subdivision (b) of Section 122336.1 shall be used for funding the
enforcement activities set forth in Article 5 (commencing with
Section 122336.4).  
   (c) 
    (b)    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   , conducting outreach efforts in
connection with, and  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.