BILL NUMBER: AB 1121 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Pan
FEBRUARY 18, 2011
An act to amend Sections 30525, 30801, and 30804.5 of, and to add
Sections 30503.5 and 30505 to, the Food and Agricultural Code, and to
amend Section 38792 of the Government Code, relating to dog
licensing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1121, as amended, Pan. 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 require the entity that submits the
report to retain a copy of the report for 12 months. The bill
would restrict prohibit the use ,
distribution, or release of the information
contained in the report to notifying the dog owner
that he or she needs to license his or her dog for any
purpose except to ensure compliance with existing state
and local law . A violation of this provision
these provisions 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 microchipped 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.
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. 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 The reporting entity shall retain copies of the
report for 12 months. The information contained in the report shall
not be used, distributed, or released for any purpose except to
ensure compliance with existing state and local law, including
applicable licensing requirements and regulations. 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 microchipped puppy
shall be known as a puppy license. A licencing entity may issue
a puppy license pursuant to this division. 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. be the same fee that is authorized
pursuant to subdivision (a) and Section 30804 for a dog that has been
spayed or neutered.
(c) Notwithstanding any other law or local ordinance, a puppy
license shall, upon application of the owner, be issued for a
microchipped puppy 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.
(d) (1) (A) Notwithstanding subdivision (b), a puppy license shall
expire when the puppy reaches five months of age if the owner has
not provided acceptable proof, on or before that date, to the entity
that issued the license that the puppy has received an antirabies
vaccination.
(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. be the same fee
that is authorized pursuant to Section 30804 for a dog that has been
spayed or neutered.
(f)
(e) For purposes of this section, "puppy" means any
microchipped 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)
(e) 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) (e) 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 is
amended to read:
30804.5. Whenever dog license tags are issued pursuant to this
division, that tag shall be issued for one-half or less of the fee
required for a dog 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 subdivision (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.