BILL NUMBER: AB 1634	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 27, 2007
	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)
   (Coauthors: 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  , and to repeal Section 122336.21  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   6  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  ,   as
specified,  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. 
   This bill would, until January 1, 2012, authorize a local
jurisdiction or its authorized local animal control agency to allow
for issuance of an intact permit for one male and one female dog per
household in order to allow the dogs to produce a single litter of
offspring, subject to specified criteria. It would authorize the
imposition of an intact permit fee for these purposes in an amount
determined by the local jurisdiction, to be used for funding the
administration of the local jurisdiction's permit 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) Subject to subdivision (c), a person shall not own
or possess within the state any cat or dog over the age of 
four   six  months that has not been spayed or
neutered, unless that person possesses an intact permit, as defined
in subdivision (a) of Section 122336.
   (b)  (1)   Subject to subdivision (c), any
person who violates subdivision (a) shall, for each animal for which
a violation has occurred, be  subject   issued a
citation subjecting the person  to a civil penalty of five
hundred dollars ($500)  if the person fails to provide proof that
the person has met the requirements of subdivision (a) within 30
days of the date of the issuance of the citation  . This penalty
shall be imposed in addition to any other civil or criminal
penalties imposed by the local jurisdiction. 
   (2) At the time a citation is issued, the citing authority shall
provide the person being cited with information as to the
availability of spaying and neutering services at reduced cost. 

   (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.   licensed veterinarian stating
that it is the medical judgment of the veterinarian that the cat or
dog should not be spayed or neutered prior to the age of nine months,
the   owner shall not be in violation of this chapter. No
earlier than 30 days after the cat or dog has reached nine months of
age, the veterinarian may provide a letter to the owner extending the
date for spaying or neutering the cat or dog to 12 months of age.
The letter from the veterinarian shall include the veterinarian's
license number, the name of the owner, and a description of the cat
or dog in question. 
    (d) Any civil penalty imposed under subdivision (b)  may
  shall  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)  (1)    Any person who 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. 
   (2) Upon expiration of the permit, the owner of the intact cat or
dog permit shall obtain a new permit pursuant to the applicable
provision of Section 122336.2 in order to be in compliance with this
section.  
   (f) Nothing in this chapter shall be construed to impose any
obligation on a veterinarian to enforce the provisions of this
chapter or to require the veterinarian to provide information to a
local animal control agency as to the spay or neuter status of a cat
or dog. 

      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   proof acceptable to
the local jurisdiction  , 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'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   required  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 under three 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 is a legitimate breeder of  mixed breed or
purebred  working dogs, or is supplying  mixed breed or
purebred  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) 
    (4)  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  , or is being 
 raised, groomed, socialized, or otherwise prepared for duties
for any of these purposes  . 
   (6) 
    (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   The letter from the veterinarian shall
include the veterinarian's license number, the name of the owner, a
description of the cat or dog in question, and, if this information
is available, the duration of the condition of the cat or dog, and
the date by which the cat or dog may be safely  spayed or
neutered. 
   (b) Any cat or dog owner 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.  
   (c) (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 of 1990
(Public Law 101-336) 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.  
   (4) A person in possession of a cat or dog to be used for any of
the purposes set forth in the federal Animal Welfare Act (7 U.S.C.
Sec. 2131 et seq.) shall be exempt from the provisions of Section
122336.1, provided the person is licensed by or registered with the
United States Secretary of Agriculture pursuant to the provisions of
the Animal Welfare Act.  
   (b) 
    (d)  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) 
    (e)  (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 any of the requirements described in
paragraphs (3)  to (5), inclusive,   and (4)
 of subdivision (a), and the provisions of subdivision 
(f)   (c)  and may waive all or part of the intact
permit fee for an unaltered cat or dog meeting the requirements of
paragraph  (6)   (5)  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) 
    (f)  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 (6)   to (5)  ,
inclusive, of subdivision (a), or the provisions of subdivision
 (f)   (c)  . 
   (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.  
   (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.  
   122336.21.  (a) The local jurisdiction or its authorized local
animal control agency may allow for issuance of an intact permit, and
imposition of an intact permit fee, for one male and one female dog
per household in order to allow the dogs to produce a single litter
of offspring. In no event shall the intact permits issued for this
purpose have a duration in excess of one year. In addition, the
following conditions shall be met for purposes of obtaining and
retaining the permit:
   (1) The animal has been examined by a licensed veterinarian and is
following the preventative health care program recommended by the
veterinarian.
   (2) The owner has not been convicted of one or more violations of
the following offenses:
   (A) Section 121705 of the Health and Safety Code.
   (B) Section 286.5 of the Penal Code.
   (C) Section 596 of the Penal Code.
   (D) Section 597 of the Penal Code.
   (E) Section 597.5 of the Penal Code.
   (F) Section 599aa of the Penal Code.
   (G) Section 487e of the Penal Code.
   (H) Section 487f of the Penal Code.
   (I) Section 487g of the Penal Code.
   (3) The owner has not been convicted of two or more violations of
any local ordinance involving the dog for whom the unaltered animal
certification is sought.
   (4) The owner has not received an order from the local
jurisdiction or its authorized local animal control agency involving
the dog for whom the unaltered animal certification is sought.
   (5) The dog for whom the unaltered animal certification is sought
has not been determined by local jurisdiction or its authorized local
animal control agency to be a "vicious animal."
   (6) The animal is properly housed and cared for as follows:
   (A) The animal is provided sufficient quantity of good and
wholesome food and water.
   (B) The animal is provided shelter that will allow the animal to
stand up, turn around, and lie down without lying in its feces, and
the area where the animal is kept is properly cleaned and
disinfected.
   (C) The animal is fully contained on the owner's property and
provided appropriate exercise.
   (D) The animal owner otherwise complies with any applicable state
law concerning the care and housing of animals.
   (7) The owner furnishes the director of animal control services
with a signed statement agreeing to the following conditions:
   (A) Offspring of the unaltered animal may not be sold and may be
adopted without a fee only after they reach eight weeks of age.
   (B) Records will be kept documenting how many offspring were
produced and who adopted them.
   (8) The dog for whom the unaltered animal certification is sought
is currently licensed pursuant to local requirements.
   (9) The owner has considered having the animal microchipped for
purposes of identification.
   (b) The owner shall maintain records documenting how many
offspring were produced or adopted, or both, and shall provide proof
that the dog has been spayed or neutered after a single litter. This
information shall be made available to an animal control agency upon
request.
   (c) The amount of the fee for an intact permit issued under this
section shall be determined by the local jurisdiction and shall not
exceed the cost of administering this section.

    (d) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. 

      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,  and subdivision (c) of Section 122336.21,
 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.