BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 258| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 258 Page 2 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 CONTINUED AB 258 Page 3 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 CONTINUED AB 258 Page 4 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, CONTINUED AB 258 Page 5 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, CONTINUED AB 258 Page 6 Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino, Torres CTW:do 8/26/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED