BILL NUMBER: AB 2000	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 17, 2010

   An act to amend Section 121690 of the Health and Safety Code,
relating to rabies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2000, as introduced, Hagman. Rabies: vaccinations.
   Existing law requires every dog owner, after his or her dog
attains the age of four months, to, at intervals of time not more
often than once a year, as may be prescribed by the State Department
of Public Health, procure its vaccination by a licensed veterinarian
with a canine antirabies vaccine approved by, and in a manner
prescribed by, the department.
   This bill would exempt from the vaccination requirement the owner
of a dog that a licensed veterinarian determines, on an annual basis,
may have a potentially lethal reaction to the vaccination.
   Existing law authorizes a city, city and county, or county to
provide, by ordinance, for the issuance of a dog license for a period
not to exceed three years for dogs that have attained the age of 12
months or older and have been vaccinated against rabies. The person
to whom the license is issued may choose a license period as
established by the governing body of up to one, 2, or 3 years, except
that the license period shall not extend beyond the remaining period
of validity for the current rabies vaccination.
   This bill would prohibit, in the event that a dog is exempted from
the vaccination requirement, the license period from extending
beyond one year. By increasing the duties of local officials, this
bill would impose a state-mandated local program.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 121690 of the Health and Safety Code is amended
to read:
   121690.  In rabies areas, all of the following shall apply:
   (a)  Every dog owner, after his or her dog attains the age of four
months, shall no less than once every two years secure a license for
the dog as provided by ordinance of the responsible city, city and
county, or county. License fees shall be fixed by the responsible
city, city and county, or county, at an amount not to exceed
limitations otherwise prescribed by state law or city, city and
county, or county charter.
   (b)  Every dog owner, after his or her dog attains the age of four
months, shall, at intervals of time not more often than once a year,
as may be prescribed by the department, procure its vaccination by a
licensed veterinarian with a canine antirabies vaccine approved by,
and in a manner prescribed by, the department  , unless a
licensed veterinarian determines, on an annual basis, that the dog
may have a potentially lethal reaction to the canine antirabies
vaccine  .
   (c)  All dogs under four months of age shall be confined to the
premises of, or kept under physical restraint by, the owner, keeper,
or harborer. Nothing in this chapter and Section 120435 shall be
construed to prevent the sale or transportation of a puppy four
months old or younger.
   (d)  Any dog in violation of this chapter and any additional
provisions that may be prescribed by any local governing body shall
be impounded, as provided by local ordinance.
   (e)  It shall be the duty of the governing body of each city, city
and county, or county to maintain or provide for the maintenance of
a pound system and a rabies control program for the purpose of
carrying out and enforcing this section.
   (f)  It shall be the responsibility of each city, county, or city
and county to provide dog vaccination clinics, or to arrange for dog
vaccination at clinics operated by veterinary groups or associations,
held at strategic locations throughout each city, city and county,
or county. The vaccination and licensing procedures may be combined
as a single operation in the clinics. No charge in excess of the
actual cost shall be made for any one vaccination at a clinic. No
owner of a dog shall be required to have his or her dog vaccinated at
a public clinic if the owner elects to have the dog vaccinated by a
licensed veterinarian of the owner's choice.
   All public clinics shall be required to operate under antiseptic
immunization conditions comparable to those used in the vaccination
of human beings.
   (g)  In addition to the authority provided in subdivision (a), the
ordinance of the responsible city, city and county, or county may
provide for the issuance of a license for a period not to exceed
three years for dogs that have attained the age of 12 months or older
and have been  either  vaccinated against rabies  or
exempted from the vaccination requirement pursuant to subdivision (b)
 . The person to whom the license is issued pursuant to this
subdivision may choose a license period as established by the
governing body of up to one, two, or three years. However, when
issuing a license pursuant to this subdivision, the license period
shall not extend beyond the remaining period of validity for the
current rabies vaccination  and, in the event that a dog is
exempted from the vaccination requirement pursuant to subdivision
(b), the license period shall not extend beyond one year  . A
dog owner who complies with this subdivision shall be deemed to have
complied with the requirements of subdivision (a).
   (h)  All information obtained from a dog owner by compliance with
this chapter is confidential to the dog owner and proprietary to the
veterinarian. This information shall not be used, distributed, or
released for any purpose, except to ensure compliance with existing
federal, state, county, or city laws or regulations.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.