BILL NUMBER: AB 2689 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Smyth
FEBRUARY 19, 2010
An act to amend , repeal, and add Section
121690 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2689, as amended, Smyth. Rabies vaccinations.
Existing law imposes various requirements upon dog owners in
rabies areas designated by the State Public Health Officer. Any
person who violates these requirements is guilty of an infraction.
Violation of these requirements also results in impounding of the dog
by the local jurisdiction. Among the requirements imposed under
existing law is that a dog under 4 months of age must be
confined or restrained, as prescribed, and that dogs 4
months of age or older must be licensed by the appropriate city,
county, or city and county, and vaccinated for rabies, as specified.
This bill would permit a city, county, or city and county to
specify the means by which a dog owner is required to provide proof
of his or her dog's rabies vaccination.
This bill would, commencing January 1, 2012, change the age to
which the constraint or confinement requirement applies to under 3
months of age, and the age to which the licensing and vaccination
requirements applies to 3 months of age or older.
By imposing a higher level of service upon local agencies and by
changing the definition of a crime, 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 no reimbursement is required by this
act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
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. The responsible city,
county, or city and county , may specify the means
by which the dog owner is required to provide proof of his or her
dog's rabies vaccination, including, but not limited to, by
electronic transmission or facsimile.
(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) The governing body of each city, city and county, or county
shall 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) Each city, county, or city and county shall provide dog
vaccination clinics, or 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 vaccinated against rabies. 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. 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.
(i) 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.
SEC. 2. Section 121690 is added to the Health
and Safety Code, 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 three
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 three
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. The responsible city,
city and county, or county may specify the means by which the dog
owner shall provide proof of his or her dog's rabies vaccination,
including, but not limited to, by electronic transmission or
facsimile.
(c) All dogs under three 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 three
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) The governing body of each city, city and county, or county
shall 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) Each city, county, or city and county shall provide dog
vaccination clinics, or 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 vaccinated against rabies. 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. 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.
(i) This section shall become operative on January 1, 2012, unless
a later enacted statute, that is enacted before January 1, 2012,
deletes or extends that date.
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 or
because costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.