BILL NUMBER: AB 1121	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 18, 2011

   An act to amend  Section 30801 of   Sections
30525, 30801, and 30804.5 of, and to add Sections 30503.5 and 30505
to,  the Food and Agricultural Code,   relating to dog
licensing.   and to amend Section 38792 of the
Government Code, relating to dog licensing. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1121, as amended, Pan.  Dogs: licenses: issuance.
  Dog Licensing: issuance: puppy licenses.  
   Existing law authorizes counties and cities to issue dog licenses
and dog license tags for a fee, as specified. Existing law also
prohibits a public animal control agency, animal or humane shelter,
or a rescue group, as defined, from selling or giving away to a new
owner any dog that has not been spayed or neutered, except as
specified.  
   This bill would additionally require each pet dealer, as defined,
humane society, rescue group, society for the prevention of cruelty
to animals, or other specified entity to submit once a month, except
as specified, a report to the public entity that is responsible for
licensing dogs in the city or county in which the humane society,
rescue group, society for the prevention of cruelty to animals, or
any entity is located. The bill would require the report to contain
the name, address, and telephone number of the person who receives a
dog, and other information regarding the dog, that was adopted or
sold in the previous month, as specified, by the entity submitting
the report. The bill would restrict the use of the report to
notifying the dog owner that he or she needs to license his or her
dog. A violation of this provision would be an infraction punishable
by a fine of $50 for the first offense and $100 for each subsequent
offense. By imposing new duties on local officials who would receive
and process the monthly reports described above and by creating a new
crime, the bill would impose a state-mandated local program. 

   This bill would allow a licensing agency to issue to the owner of
a puppy a puppy license, as defined, which would expire when the
puppy reaches one year of age, except as specified. The bill would
also make conforming changes.  
   Existing law authorizes dog license tag to be issued for 1/2 or
less of the usual fee required for a dog if a certificate indicating
that the dog has been spayed or neutered is presented from a licensed
veterinarian.  
   This bill would authorize the city, county, or city and county to
specify the means by which the dog owner may provide proof that the
dog has been spayed or neutered.  
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 

   Existing law authorizes a county board of supervisors to provide
for the issuance of serially numbered metallic dog licenses. Existing
law requires that the dog licenses be stamped with the name of the
county and the year of issue. Existing law states that the licenses
shall be issued for a period of not to exceed 2 years, but may be
issued for a period not to exceed 3 years for dogs that have attained
the age of 12 months, or older, and who have been vaccinated against
rabies, provided that the license period shall not extend beyond the
remaining period of validity for the current rabies vaccination.
 
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
encourage anyone transferring ownership of a dog to advise the new
owner that all dogs four months of age or older must be licensed
under state law. It is further the intent of the Legislature to
encourage all veterinarians to advise all dog owners to license all
dogs that are four months of age or older. 
   SEC. 2.    Section 30503.5 is added to the  
Food and Agricultural Code   , to read:  
   30503.5.  (a) Each pet dealer, as defined in Section 122125 of the
Health and Safety Code, humane society, rescue group, society for
the prevention of cruelty to animals, or any entity described in
subdivision (b) of Section 122045 of the Health and Safety Code shall
submit once a month, 30 days after the close of business for the
previous month, a report to the public entity, if any, that is
responsible for licensing dogs in the city or county in which that
the humane society, rescue group, society for the prevention of
cruelty to animals, or any entity is located. The report shall
include the name, address, and telephone number of the person who
receives the dog that was adopted or sold in the previous month by
that entity submitting the report. The report shall also include the
breed of the dog, age of the dog, microchip number for the dog, if
any, and reproductive status of the dog. A report shall not be
required in any month in which a dog was not adopted or sold.
Information from the report shall not be used for any purpose other
than advising the dog owner that the dog is required to be licensed.
The report shall not be shared with any other local public entity,
except as otherwise provided by law. A violation of this subdivision
is an infraction punishable by a fine of fifty dollars ($50) for the
first offense and one hundred dollars ($100) for each subsequent
offense.
   (b) For the purposes of this section a "rescue group" is a
for-profit or not-for-profit entity, or a collaboration of
individuals with at least one of its purposes being the sale or
placement of dogs that have been removed from a public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, or humane shelter or that have been previously owned by any
person other than the original breeder of that dog. 
   SEC. 3.   Section 30505 is added to the  
Food and Agricultural Code   , to read:  
   30505.  (a) Whenever a dog license tag is issued pursuant to this
division, the tag shall be issued for one-half or less of the fee
required for a dog, if a certificate is presented from a licensed
veterinarian that the dog has been spayed or neutered.
   (b) A dog license tag issued for a puppy shall be known as a puppy
license. Except as described in subdivision (e), a puppy license
shall expire when the puppy reaches one year of age. Upon the
expiration of a puppy license, the owner of the puppy shall obtain a
dog license tag and the fee for that dog license tag shall be subject
to subdivision (a) and Section 30804.
   (c) Notwithstanding any other law or local ordinance, a puppy
license shall, upon application of the owner, be issued regardless of
whether the puppy has had an antirabies vaccination.
   (d) If the puppy is under eight months of age, has not been spayed
or neutered, but has been microchipped, the fee for the puppy
license shall be the amount of the fee described in subdivision (a).
   (e) (1) (A) Except as described in paragraph (2), if the puppy is
under five months of age, and if subdivision (d) does not apply, the
puppy license shall expire when the puppy reaches five months of age.

   (B) If the puppy license expires pursuant to this paragraph, the
owner shall not be eligible to obtain a second puppy license.
   (2) If the owner of a puppy described in subparagraph (A) of
paragraph (1) provides the issuing agency with satisfactory evidence
that the puppy has received an antirabies vaccination, the puppy
license shall expire when the puppy reaches one year of age.
   (3) The fee for a puppy license pursuant to this subdivision shall
be subject to Section 30804.
   (f) For purposes of this section, "puppy" means any dog under 12
months of age. 
   SEC. 4.    Section 30525 of the   Food and
Agricultural Code   is amended to read: 
   30525.   (a)    Whenever a dog license tag is
issued pursuant to this division, the tag shall be issued for
one-half or less of the fee required for a dog, if a certificate is
presented from a licensed veterinarian that the dog has been spayed
or neutered. 
   (b) A city or county subject to this chapter that issues a dog
license tag for a puppy, as defined in subdivision (f) of Section
30505, shall issue that dog license tag pursuant to Section 30505.

   SEC. 5.    Section 30801 of the   Food and
Agricultural Code  is amended to read: 
   30801.  (a) A board of supervisors may provide for the issuance of
serially numbered metallic dog licenses pursuant to this section.
The dog licenses shall be stamped with the name of the county and the
year of issue.
   (b) The board of supervisors or animal control department may
authorize veterinarians to issue the licenses to owners of dogs who
make application.
   (c) The licenses shall be issued for a period of not to exceed two
years.
   (d) In addition to the authority provided in subdivisions (a),
(b), and (c), a license may be issued, as provided by this section,
by a board of supervisors for a period not to exceed three years for
dogs that have attained the age of 12 months, or older, and who have
been vaccinated against rabies. The person to whom the license is to
be issued pursuant to this subdivision may choose a license period as
established by the board of supervisors 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. 
   (e) A license that is issued for a puppy, as described in
subdivision (f) of Section 30505, shall be subject to Section 30505
or subdivision (b) of Section 30525. 
   SEC. 6.    Section 30804.5 of the   Food and
Agricultural Code   i   s amended to read:
   30804.5.  Whenever dog license tags are issued pursuant to this
division,  any such   that  tag shall be
issued for one-half or less of the fee required for a dog  ,
if a certificate is presented from a licensed veterinarian that the
dog has been spayed or neutered.   under either of the
following circumstances:  
   (a) The dog owner provides evidence that the dog has been spayed
or neutered. The responsible city, county, or city and county may
specify the means by which the dog owner is required to provide proof
that his or her dog has been spayed or neutered including, but not
limited to, by electronic transmission or facsimile.  
   (b) The tag is issued pursuant to subdivision (d) of Section
30505. 
   SEC. 7.    Section 38792 of the   Government
Code   is amended to read: 
   38792.  (a) The legislative body of a city may impose and collect
a license fee for a period not to exceed two years and not exceeding
the cost of services relating to dogs, including, but not limited to,
animal shelters and control and the programs specified in Section
30652 of the Food and Agricultural Code, provided by the city, on
every dog owned or harbored within the city limits. The license fee
for spayed bitches and neutered males  , and for licenses issued
pursuant to   s   ubdivision (d) of Section 30505,
 shall not exceed 50 percent of the license fee otherwise
imposed.
   (b) In addition to the authority provided in subdivision (a), the
legislative body of a city may impose and collect a license fee, as
described in subdivision (a), for a period not to exceed three years
for dogs that have attained the age of 12 months or older and have
been vaccinated. The person from whom the license fee is collected
pursuant to this subdivision may choose a license period as
established by the legislative body of up to one, two, or three
years. However, when imposing and collecting a license fee pursuant
to this subdivision, the license period shall not extend beyond the
remaining period of validity for the current rabies vaccination. The
license fee for spayed bitches and neutered males, under this
subdivision, shall not exceed 50 percent of the license fee otherwise
imposed.
   SEC. 8.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.  
   However, if the Commission on State Mandates determines that this
act contains other 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.  
  SECTION 1.    Section 30801 of the Food and
Agricultural Code is amended to read:
   30801.  (a) A board of supervisors may provide for the issuance of
serially numbered metallic dog licenses pursuant to this section.
The dog licenses shall be stamped with the name of the county and the
year of issue.
   (b) The board of supervisors or animal control department may
authorize veterinarians to issue the licenses to owners of dogs who
make application.
   (c) The licenses shall be issued for a period not to exceed two
years.
   (d) In addition to the authority provided in subdivisions (a),
(b), and (c), a license may be issued, as provided by this section,
by a board of supervisors for a period not to exceed three years for
dogs that have attained the age of 12 months, or older, and who have
been vaccinated against rabies. The person to whom the license is to
be issued pursuant to this subdivision may choose a license period as
established by the board of supervisors 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.