BILL NUMBER: AB 1634 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 3, 2007
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 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 or
subdivision (a) of Section 122336.21 . A dog or cat
license that meets the requirements of subdivision (a) of Section
122336.2 or subdivision (a) of Section 122336.21 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) "Recognized registry or association" means an animal registry
or association that has been determined to be a bona fide registry or
association by the local jurisdiction or its authorized local animal
control agency.
(d)
(e) "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 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 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 for free or
at reduced cost.
(c) If an owner of a cat or dog provides a letter from a
California 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 during that period . No
earlier than 30 days after before 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) 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 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 tax identification number,
California seller's permit, as required by Section 6066 of the
Revenue and Taxation Code , 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 , if licensing is
required, 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 belongs to a recognized
registry or association, and complies with at least one of the
following:
(A) His or her The 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 required by the local jurisdiction or its
authorized local animal control agency demonstrating 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 a recognized 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 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.
(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.
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.
(6) The dog is used for herding or guarding livestock, and the dog'
s owner resides on or is the owner of property designated for
agricultural use.
(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 lawful 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 permitted by
the federal Animal Welfare Act (7 U.S.C. Sec. 2131 et seq.) shall be
exempt from the provisions of Section 122336.1
this chapter , provided the person is licensed by or
registered with the United States Secretary of Agriculture pursuant
to the provisions of the Animal Welfare Act.
(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.
(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) and (4) of subdivision (a), and the provisions of
subdivision (c) 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).
(3) Any fee assessed by a local jurisdiction pursuant to this
chapter shall not be duplicative of any other local fee in that
jurisdiction.
(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
(5), inclusive, of subdivision (a), or the provisions of subdivision
(c).
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 dog 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 dog is properly
housed and cared for as follows:
(A) The animal dog is provided
sufficient quantity of good and wholesome food and water.
(B) The animal dog is provided
shelter that will allow the animal dog
to stand up, turn around, and lie down without lying in its feces,
and the area where the animal dog is
kept is properly cleaned and disinfected.
(C) The animal dog is fully
contained on the owner's property and provided appropriate exercise.
(D) The animal dog 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 dog
may not be sold and may be adopted without a fee only
after adopted or sold before they reach eight
weeks of age.
(B) Records will be kept documenting how many offspring were
produced and who adopted them.
(B) Prior to any adoption or sale, any offspring of the unaltered
dog shall undergo a health examination by a California licensed
veterinarian, and shall receive any preventative health care that is
deemed necessary by the veterinarian.
(C) Any advertisement for the adoption or sale of the offspring of
the unaltered dog shall prominently display the unaltered dog's
intact permit number.
(D) Any adoption or sale of the offspring of the unaltered dog
shall comply with all of the requirements and duties of a breeder, as
set forth in Article 1 (commencing with Section 122045) of Chapter
5.
(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 by whom they were adopted or purchased, if applicable , and
shall provide proof that the dog has been spayed or neutered after
producing not more than a a single litter. This
information shall be made available to an the
local jurisdiction or its authorized local 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)
(e) 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.
Article 6. Exemptions
122336.5. (a) Nothing in this chapter shall be construed to
prohibit a local jurisdiction from adopting or enforcing a more
restrictive spay or neuter program than the program described in this
chapter.
(b) Any local jurisdiction that, prior to January 1, 2007, has
enacted an ordinance pursuant to Section 122331 shall be exempt from
this chapter.122336.5.
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.