BILL NUMBER: AB 1121 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 27, 2011
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 a 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 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 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. A violation of these provisions would be
punishable by a civil fine of $50 for the first offense and $100 for
each subsequent offense. 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 no reimbursement is required by this
act for a specified reason.
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 their
clients to license all of the clients' 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) A local governmental entity is authorized
to require 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 to shall submit once a
month, 30 days after the close of business for the previous month, a
report to the 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 is punishable by 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.
(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 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 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, 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. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.