BILL NUMBER: AB 1634 AMENDED
AMENDED IN ASSEMBLY APRIL 30, 2007
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 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
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
(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
(c) "Local jurisdiction" means any city, county, or city and
(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) 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). 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
and the owner shall not be in
violation of this act.
(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.
(e) Any person who, on or after April 1, 2008, is in possession 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
document expires, or January 1, 2009, which ever
whichever 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 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 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 ,
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 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 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 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 or rescue
(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
, 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) A local jurisdiction shall waive the intact permit
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 intact permit 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 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) 1) (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 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
Article 5. Enforcement
122336.4. A local animal control agency shall be responsible for
, 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.