BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 258|
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THIRD READING
Bill No: AB 258
Author: Hagman (R), et al
Amended: 6/20/11 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 6/8/11
AYES: Hernandez, Strickland, Alquist, Anderson, Blakeslee,
De León, DeSaulnier, Rubio, Wolk
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent) - See last page
for vote
SUBJECT : Rabies: vaccinations
SOURCE : Concerned Dog owners of California
Humane Society Veterinary Medical Association
DIGEST : This bill exempts from the rabies vaccination
requirement a dog that a licensed veterinarian determines,
on an annual basis, will be endangered from the vaccine due
to disease or other conditions that the veterinarian can
verify and document.
ANALYSIS :
Existing law
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1. Requires every dog owner to, once the dog is older than
four months, obtain a dog license from the responsible
local government at least every two years, and obtain a
the canine antirabies vaccination (CAV) every year.
2. Allows local governments to pass ordinances for the
issuance of a dog license, for a period not to exceed
three years for dogs older than 12 months, which have
been vaccinated against rabies. The person to whom the
license is issued may choose a license period as
established by the governing body, except that the
license shall not extend beyond the validity for the
current antirabies vaccination.
This bill:
1. Provides an exception to the rabies vaccination
requirement if a licensed veterinarian determines, on an
annual basis, that a rabies vaccination would endanger a
dog's life due to disease or other considerations that
the veterinarian can verify and document.
2. Requires that dogs exempt from the vaccination
requirement be confined to the premises of the owner,
and requires a leash when off of the premises of the
owner.
3. Prohibits dogs exempt from the vaccination requirement
from having contact with other unvaccinated dogs or
cats.
4. Requires a dog owner to sign a statement affirming they
understand the consequences of the exemption and accepts
all liability associated with owning a dog that has not
received the canine rabies vaccine.
5. Requires the Department of Public Health (DPH) to
develop a form for exemption applications.
6. Stipulates that the form must include the statement from
the owner and be submitted on an approved form and will
include a signed statement by the veterinarian, as
specified.. Requires the form to be submitted to the
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local health officer.
7. Allows an local health officer to issue an exemption
from CAV.
8. Requires the LHO to report exemptions to DPH.
9. Prohibits the local jurisdiction issuing dog licenses
from extending the license period beyond one year for
dogs exempted from the vaccination requirement.
Background
The primary components of the California Rabies Control
Program include companion animal immunization and
licensing; stray animal control; animal bite reporting,
investigation, and animal isolation; and public education.
The program works to control stray domestic animals and
follow-up on potential human exposures. The program also
keeps track of animal rabies throughout the state.
Existing statutes require vaccination and licensing of all
dogs, but because cats are the most frequently reported
rabid domestic animal in the U.S., vaccination of all cats
is also strongly advised. There are vaccines for other
domestic animals as well.
The California Health and Safety Code mandates that the
governing body of each city, city and county, or county
maintain or provide local rabies control program. Rabies
control programs must include an animal shelter system,
provide for animal bite reporting and investigations, stray
animal control, animal rabies case investigation,
quarantine of biting dogs and cats, quarantine of domestic
animals potentially exposed to rabies, and include other
activities for the purpose of carrying out and enforcing
the provisions of the California Rabies Control Program.
The county and/or city must also provide or arrange for
canine rabies vaccination clinics. All counties in the
state are declared "rabies areas" due to the ongoing cycles
of rabies in California's wildlife, and the resulting
threat of exposure to domestic animals, livestock and
humans.
According to DPH's California's Compendium of Rabies
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Control and Prevention, 2004, a local health officer may,
upon a written recommendation of a veterinarian, issue a
rabies immunization exemption where an illness or
veterinary medical condition in a dog warrants it. The
exempted animal must be kept under strict rabies isolation
conditions, which are at the discretion of the local health
officer, until the medical condition is resolved and the
animal can obtain a canine rabies vaccine.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
DPH staff for $40 $80 $0 General
regulations
SUPPORT : (Verified 8/23/11)
Concerned Dog Owners of California (co-source)
Humane Society Veterinary Medical Association (co-source)
California Veterinary Medical Association
California Federation of Dog Clubs
Health Officer Association of California
Paw PAC
San Lorenzo Dog Training Club, Inc.
Sacramento Council of Dog Clubs, Inc.
OPPOSITION : (Verified 8/23/11)
Department of Finance
ARGUMENTS IN SUPPORT : The Humane Society Veterinary
Medical Association (HSVMA) claims veterinary professionals
know that vaccinations should only be administered to
animals for which the medical benefits outweigh the
potential medical risks. HSVMA claims that a small but
significant number of companion animals have medical
conditions for whom vaccination is contraindicated,
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including those with terminal diseases like cancer,
immune-mediated diseases, severe endocrine disorders, and
other conditions. HSVMA believes that this bill provides a
safe and medically sound mechanism to protect dogs in
California whose health could be seriously compromised by
vaccination.
The California Federation of Dog Clubs (Dog Clubs) claims
there is much scientific documentation regarding acute or
chronic adverse reactions to the rabies vaccine in dogs,
and that the current rabies risk to the community is low
and is overwhelmingly related to wildlife. The Dog Clubs
also claim that recent studies show that duration of
immunity from an initial rabies vaccination can range up to
seven years, making frequent re-vaccination unnecessary.
ARGUMENTS IN OPPOSITION : In opposition of this bill, the
Department of Finance states that, "this bill would result
in General Fund costs and would increase the size of the
state's workforce. Finance confirmed with the Office of
Administrative Law (OAL) that the bill would require DPH to
change existing regulations. We explored the option of
having DPH go through a more expedited rulemaking process
that would be shorter, less expensive, and avoid a number
of the regulations hearings and public comment. However,
the OAL confirmed that the provision in the bill that would
require DPH to develop a form the locals would use to
report rabies vaccine exemptions requires DPH to go through
the lengthier regulations process."
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
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Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino,
Torres
CTW:do 8/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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