BILL NUMBER: AB 1634	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 9, 2007
	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
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) 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
75-day period, the owner shall not be in violation of this act.
    (d) Any civil penalty imposed under subdivision (b) may be waived
 , in whole or in part,  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 
local  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, 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   are  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   required  by the local
jurisdiction or its authorized  local  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
 local  animal control agency has issued a breeder license.
   (2) The owner sufficiently demonstrates, as determined in the
discretion of the local jurisdiction or its authorized  local
 animal control agency,  all   that his or
her cat or dog is a valid breed that is recognized by an approved
registry or association, and complies with at least one  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) 
    (B)  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
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 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  local  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.   the cat or dog is temporarily in
California for training, showing, or any other legitimate reason, as
determined by the local jurisdiction. 

      Article 4.  Funding


   122336.3.  (a) (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
issued.

      Article 5.  Enforcement


   122336.4.  A local animal control agency shall be responsible for
enforcing conducting outreach efforts in connection with, 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.
                                                     ____ CORRECTIONS
  Text--Pages 4 and 6.
               ____