BILL NUMBER: AB 1634 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 31, 2007 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 MemberNavaCoauthors: Assembly Members Nava and Solorio ) 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)ASubject to subdivision (c), 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)(a) 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 or neutered 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 the owner provides sufficient proof, as determined by the local jurisdiction or its authorized local animal control agency, that any of the following conditions 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 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, that his or her cat or dog is a valid breed that(2) The owner's 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 registry or association within the last two years, or by whatever proof is requested by the local jurisdiction or its 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) The cat or dog has earned, or if undertwothree 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.(3) The owner is a legitimate breeder of working dogs, or is supplying dogs for training as working dogs to law enforcement, fire agencies, or legitimate professional or volunteer private sector working dog organizations. (4) The dog is being raised, groomed, socialized, or otherwise prepared for duties as a legitimate working dog. (5) The dog is being actively used by law enforcement, fire agencies, or legitimate professional or volunteer private sector working dog organizations for law enforcement, fire service, search and rescue, or medical service activities.(5)(6) 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 anunaltered cat or dog that meets the requirements of paragraph (3) or (4)unaltered cat or dog that meets any of the requirements described in paragraphs (3) to (5), inclusive, of subdivision (a), and the provisions of subdivision (f) and may waive all or part of the intact permit fee for an unaltered cat or dog meeting the requirements of paragraph(5)(6) of subdivision (a). (3) Any fee assessed by a local jurisdiction pursuant to this chapter shall not be duplicative of any other local fee in that jurisdiction. (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)(6) , inclusive, of subdivision (a) , or the provisions of subdivision (f) . (e) Any owner of a cat or dog who is not a resident of California 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 the cat or dog is temporarily in California for training, showing, or any other legitimate reason, as determined by the local jurisdiction. (f) (1) Any individual or organization breeding animals for services provided by guide dogs, signal dogs, or service dogs, as defined in subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be presumptively entitled to an intact permit issued pursuant to this chapter. (2) Any animal possessed by any individual with a disability protected by the federal Americans with Disabilities Act shall be exempt from the provisions of this chapter if the animal is providing guide dog, service dog, or signal dog services, as defined in subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code. (3) Guide dog, signal dog, and service dog programs licensed by the State of California are exempt from all of the provisions of this chapter. 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.