BILL NUMBER: AB 1121 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
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. A violation of provisions governing the regulation and
licensing of dogs is an infraction or a misdemeanor, except as
specified.
This bill would additionally authorize a local governmental
entity to require each a 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
local governmental entity that is responsible
for licensing dogs in the city or county in which the pet dealer,
humane society, rescue group, society for the prevention of cruelty
to animals, or other specified 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 prohibit the use, distribution,
or release of the information contained in the report for any purpose
except to ensure compliance with existing state and local law
. A violation of these provisions would be punishable by a
civil fine of $50 for the first offense and $100 for each subsequent
offense. for the purposes of (1) providing notice to
the person adopting or purchasing the dog regarding laws requiring
the person to obtain a license for the dog and (2) providing notice
to another local governmental entity, which is responsible for
licensing dogs in the jurisdiction in which the person resides, that
the person has adopted or purchased a dog, if the person does not
reside in the jurisdiction of the local governmental entity that is
providing the notice. The bill would exempt an act in violation
of these provisions from the provision which would make the
violation a crime. By imposing new duties on local officials
who would receive and process the monthly reports described above,
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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. 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 A local governmental
entity is authorized to require a 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 to submit once a
month, 30 days after the close of business for the previous month, a
report to the public local governmental
entity, if any, that is responsible for licensing dogs in the city
or county in which the pet dealer, 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 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. 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 as described in subdivision (b) and to
ensure compliance with existing state and local law, including
applicable licensing requirements and regulations. A
violation of this subdivision may be subject to a civil fine as
determined by the local jurisdiction. The fine shall not exceed fifty
dollars ($50) for the first offense and one hundred dollars ($100)
for each subsequent offense. A violation of this section is
not subject to Section 31401.
(b) A local governmental entity may exercise the authority set
forth in this section only for the purpose of (1) providing notice to
a person who receives a dog that was adopted or sold as described in
subdivision (a) regarding laws requiring the person to obtain a
license for the dog and (2) notifying a different local governmental
entity, which is responsible for licensing dogs in the jurisdiction
in which the person resides, that the person has adopted or purchased
a dog, if that person does not reside within the jurisdiction of the
local governmental entity that is providing the notice.
(b)
(c) 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 licensing entity may issue a puppy license pursuant to this
division. A dog license tag issued for a microchipped puppy shall be
known as a puppy license. Except as described in subdivision (d), 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 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) (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 the same fee that is authorized pursuant to Section 30804 for a
dog that has been spayed or neutered.
(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 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 or older and that 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 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 , animal
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. If the Commission on State Mandates
determines that this act contains 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.