BILL NUMBER: AB 1634	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2008
	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:   Senators 
 Negrete McLeod   and 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.   An act to
amend Sections 30804.7 and 31751.7 of, and to add Sections 30804.8
and 31751.8 to, the Food and Agricultural Code, relating to animals.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1634, as amended, Levine.  California Healthy Pets Act.
  Dogs and cats: nonspayed or unneutered: civil
penalties. 
   Existing law  sets forth provisions relating to veterinary
public health and safety and provides for or  regulates
spay, neuter, and breeding programs for animals.  Existing law
requires the owner of a nonspayed or unneutered dog or cat that is
impounded by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society
to be fined $35 on the first occurrence, $50 on the 2nd occurrence,
and $100 for the 3rd or subsequent occurrence.  
   This bill would increase the above fines for a nonspayed or
unneutered dog to $50 for the first occurrence, $100 for the 2nd
occurrence, and would require spaying or neutering of the dog at the
owner's expense on the 3rd occurrence. The bill would increase the
above fines for a nonspayed or unneutered cat to $50 on the first
occurrence and would require spaying or neutering of the cat at the
owner's expense on the 2nd occurrence. 
   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
  also require the owner of a nonspayed or unneutered
dog or cat that is the subject of a complaint to a local animal
control agency, as specified, to be cited and pay a  civil
penalty  to the local animal control agency within 30 days 
. 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   a  local
animal control agency  to waive the civil penalty if, within 14
business days of the citation, the pet's owner presents written proof
from a licensed veterinarian that the dog or cat was spayed or
neutered. 
   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.  
   Existing law, enacted in 1998, relating to animal control, imposed
certain state mandated local programs.  
   This bill would prohibit the Controller from releasing a payment
to a local agency for costs arising under that 1998 law until the
local agency has complied with certain rabies control reporting
requirements. 
   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.    Section 30804.7 of the   Food
and Agricultural Code  is amended to read: 
   30804.7.  (a) The owner of a nonspayed or unneutered dog that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined  thirty-five dollars ($35)  
fifty dollars ($50)  on the first occurrence  , fifty
dollars ($50) on the second occurrence, and one hundred dollars
($100) for the third or subsequent occurrence   and one
hundred dollars ($100) on the second occurrence. On the third
occurrence,   the dog shall be spayed or neutered, with the
owner paying the cost of the procedure  . These fines are for
 nonspayed or  unneutered impounded animals only, and are
not in lieu of any fines or impound fees imposed by any individual
city, county, public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, or humane society
shelter.
   (b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a). The
fines shall be paid to the local municipality or public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter. Any funds collected under
this section shall be expended for the purpose of humane education,
programs for  low cost   low-cost  spaying
and neutering of dogs, and any additional costs incurred by the
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group in the administration of the requirements of this division.
   (c) This section applies to each county and cities within each
county, regardless of population.
   (d) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a dog that is spayed or neutered in accordance with this
section.
   SEC. 2.    Section 30804.8 is added to the 
Food and Agricultural Code   , to read:  
   30804.8.  (a) The owner of a nonspayed or unneutered dog that is
the subject of a complaint shall be cited and pay a civil penalty as
provided in this section. This civil penalty shall be in addition to
any fine, fee, or penalty imposed under any other provision of law or
local ordinance.
   (b) At the time that the citation is issued, the local animal
control agency shall provide the owner of the dog with information
regarding the availability of spaying and neutering services.
   (c) The owner of the dog shall pay the civil penalty to the local
animal control agency within 30 business days of the citation. The
local animal control agency shall waive the civil penalty if, within
14 business days of the citation, the owner of the dog presents
written proof from a licensed veterinarian that the dog was spayed or
neutered.
   (d) The civil penalties shall be as follows:
   (1) On the first occurrence, fifty dollars ($50).
   (2) On the second occurrence for the same dog, one hundred dollars
($100).
   (3) On the third occurrence for the same dog, the spaying or
neutering of the dog by order of the local animal control agency,
with the owner paying the cost of the procedure.
   (e) As used in this section, the following terms apply:
   (1) "Complaint" means an oral or written complaint to a local
animal control agency that alleges that the dog or the owner of the
dog has violated this division, any other provision of state law that
relates to dogs, or a local animal control ordinance. "Complaint"
also means the observation by an employee or officer of a local
animal control agency of behavior by a dog or the owner of a dog that
violates this division, any other provision of state law that
relates to dogs, or a local animal control ordinance. "Complaint"
shall not include an allegation of excessive noise or barking.
   (2) "Local animal control agency" means any city or county animal
control agency or other entity responsible for enforcing
animal-related laws or local animal control ordinances.
   (3) "Spay" and "neuter" mean any procedure performed by a duly
licensed veterinarian that permanently sterilizes a dog and makes it
incapable of reproduction.
   (f) This section shall not preclude any city or county from
adopting a local ordinance that is more restrictive or imposes higher
civil penalties. 
  SEC. 3.    Section 31751.7 of the   Food and
Agricultural Code   is amended to read: 
   31751.7.  (a) The owner of a nonspayed or unneutered cat that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined  thirty-five dollars ($35) on the first
occurrence, fifty dollars ($50) on the second occurrence, and one
hundred dollars ($100) for the third or subsequent occurrence
  fifty dollars ($50) on the first occurrence. On the
second occurrence, the cat shall be spayed or neutered, with the
owner paying the cost of the procedure  . These fines are for
 nonspayed or  unneutered impounded animals only, and are
not in lieu of any fines or impound fees imposed by any individual
city, county, public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, or humane society
shelter.
   (b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a). The
fines shall be paid to the local municipality or public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter. Any funds collected under
this section shall be expended for the purpose of humane education,
programs for  low cost   low-cost  spaying
and neutering of cats, and any additional costs incurred by the
animal shelter in the administration of the requirements of this
division.
   (c) Local ordinances concerning the adoption or placement
procedures of any public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group shall be at least as restrictive as this
division.
   (d) This section applies to each county and cities within each
county, regardless of population.
   (e) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a cat that is spayed or neutered in accordance with this
section.
   SEC. 4.    Section 31751.8 is added to the  
Food and Agricultural Code   , to read:  
   31751.8.  (a) The owner of a nonspayed or unneutered cat that is
the subject of a complaint shall be cited and pay a civil penalty as
provided in this section. This civil penalty shall be in addition to
any fine, fee, or penalty imposed under any other provision of law or
local ordinance.
   (b) At the time that the citation is issued, the local animal
control agency shall provide the owner of the cat with information
regarding the availability of spaying and neutering services.
   (c) The owner of the cat shall pay the civil penalty to the local
animal control agency within 30 business days of the citation. The
local animal control agency shall waive the civil penalty if, within
14 business days of the citation, the owner of the cat presents
written proof from a licensed veterinarian that the cat was spayed or
neutered.
   (d) The civil penalties shall be as follows:
   (1) On the first occurrence, fifty dollars ($50).
   (2) On the second occurrence for the same cat, the spaying or
neutering of the cat by order of the local animal control agency,
with the owner paying the cost of the procedure.
   (e) As used in this section, the following terms apply:
   (1) "Complaint" means an oral or written complaint to a local
animal control agency that alleges that the cat or the owner of the
cat has violated this division, any other provision of state law that
relates to cats, or a local animal control ordinance. "Complaint"
also means the observation by an employee or officer of a local
animal control agency of behavior by a cat or the owner of a cat that
violates this division, any other provision of state law that
relates to cats, or a local animal control ordinance. "Complaint"
shall not include an allegation of excessive noise.
   (2) "Local animal control agency" means any city or county animal
control agency or other entity responsible for enforcing
animal-related laws or local animal control ordinances.
   (3) "Spay" and "neuter" mean any procedure performed by a licensed
veterinarian that permanently sterilizes a cat and makes it
incapable of reproduction.
   (f) This section shall not preclude any city or county from
adopting a local ordinance that is more restrictive or imposes higher
civil penalties. 
   SEC. 5.    The Controller shall not release a
payment, pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code, to a local agency to
reimburse the costs arising from Chapter 752 of the Statutes of 1998
until the Controller determines that the local agency has complied
with the requirements of paragraph (4) of subdivision (a) of Section
2606.4 of Title 17 of the California Code of Regulations.  
   In making the determination required by this section, the
Controller may rely on information provided by the Department of
Public Health.  
   Pursuant to Section 17612 of the Government Code, the Legislature
declares that this section modifies the reimbursement methodology for
paying claims arising from Chapter 752 of the Statutes of 1998, but
does not suspend that chapter. 
   SEC. 6.    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.  All
matter omitted in this version of the bill appears in the bill as
amended in Senate, July 3, 2007 (JR11)