BILL ANALYSIS Ó
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|Hearing Date:July 6, 2011 |Bill No:AB |
| |1121 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 1121Author:Pan
As Amended:June 27, 2011 Fiscal: Yes
SUBJECT: Dog licensing: issuance: puppy licenses.
SUMMARY: Requires pet dealers, and others as specified, to submit a
report once a month to the local governmental entity and other
information regarding dog sales and adoptions. By imposing new duties
on local officials who would receive and process the monthly reports,
the bill would impose a state-mandated local program. Would also
allow licensing agencies to issue puppy licenses, as defined, and
allows the responsible entity to specify the means by which the dog
owner is required to provide proof that his or her dog has been spayed
or neutered.
Existing law:
1) Authorizes cities and counties to issue dog licenses (Food and
Agriculture Code (FAC) § 30501 et seq.).
2) Declares it unlawful for any person to own, harbor, or keep any dog
over the age of four months, or to permit such a dog which is
owned, harbored, or controlled by him to run at large, unless the
dog has attached to its neck or leg a substantial collar as
specified.
(FAC § 30951)
3) Requires that in a designated rabies areas every dog owner, after
his or her dog attains the age of four months, shall no less than
once every two years secure a license for the dog as provided by
ordinance of the responsible city, city and county, or county.
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(Health and Safety Code (HSC) § 121690)
4) 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. (FAC § 30503)
5) Provides that whenever a dog license is issued, if a certificate is
presented from a licensed veterinarian that the dog has been spayed
or neutered, the tag shall be issued for one-half or less of the
fee required for a dog. (FAC § 30525, § 30804.5; Government Code
(GC)
§ 38792)
6) Authorizes a board of supervisors to provide for the issuance of
serially numbered metallic dog licenses. (FAC § 30801)
7) Authorizes the board of supervisors or animal control department to
authorize veterinarians to issue the licenses to owners of dogs who
applies for one. (FAC § 30801)
8) Specifies that licenses shall not exceed a period of two years,
unless the person to whom the license is to be issued possesses a
dog that has attained the age of 12 months or older, and that has
been vaccinated against rabies, chooses a license period as
established by the board of supervisors of up to one, two, or three
years. (FAC § 30801; GC § 38792)
9) Authorizes the legislative body of a city to impose and collect a
license fee for a period not to exceed two years and not exceeding
the cost of services relating to dogs. (GC § 38792)
10)Defines "dog breeder" or "breeder" as a person, firm, partnership,
corporation, or other association that has sold, transferred, or
given away all or part of three or more litters of 20 or more dogs
during the preceding 12 months that were bred and reared on the
premises of the person, firm, partnership, corporation, or other
association. (HSC § 122045)
11)Defines "pet dealer" as a person engaging in the business of
selling dogs or cats, or both, at retail, and by virtue of the
sales of dogs and cats is required to possess a permit pursuant to
Section 6019 of the Revenue and Taxation Code. This definition
does not apply to breeders of dogs regulated, nor to any person,
firm, partnership, corporation, or other association, that breeds
or rears dogs on the premises of the person, firm, partnership,
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corporation, or other association, that has sold, transferred, or
given away fewer than 50 dogs in the preceding year. (HSC § 122125
et seq., or the "Lockyer-Polanco-Farr Pet Protection Act")
12)Defines "purchaser" as a person who purchases a dog or cat from a
pet dealer without the intent to resell the animal. (Id.)
13)Provides that whenever the Legislature of any state agency mandates
a new program or higher level of service on any local government,
the State shall provide a subvention of funds to reimburse that
local government for the costs of the program or increased level of
service unless legislation defines a new crime or changing an
existing definition of a crime. (California Constitution, Article
XIIIB § 6)
14)Provides that the Commission on State Mandates shall not find costs
mandated by the state in any claim submitted by a local agency or
school district if the commission finds that the statute created a
new crime or infraction, eliminated a crime or infraction, or
changed the penalty for a crime or infraction, but only for that
portion of the statute relating directly to the enforcement of the
crime or infraction. (GC § 17556)
This bill:
1) Declares that 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 and to encourage all veterinarians to advise their clients to
license their dogs that are four months of age or older.
2) Requires a pet dealer, as defined, humane society, rescue group,
society for the prevention of cruelty to animals, or any other
entity described under Section 122045 of the Health and Safety
Code, to submit once a month, 30 days after the close of business
for the previous month, a report to the local governmental entity.
Requires that the report include the name, address, and telephone
number of the person who receives the dog, and include descriptions
about the dog. Requires that the report not be used, distributed,
or released for any purpose, unless as specified.
3) Violation of this reporting requirement may result in a civil fine
as determined by the local jurisdiction not to exceed $50 for the
first offense and $100 for each subsequent offense.
4) Restricts a local governmental entity to exercise this authority
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only for the purpose or providing notice to a person who receives a
dog, or notifying a different local governmental entity 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.
5) Defines a "rescue group" as 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, as specified.
6) Authorizes a licensing entity to issue a "puppy license" or a dog
license tag issued for a microchipped puppy. This license expires
when the puppy reaches one year of age. Upon expiration, the owner
of the puppy shall obtain a dog license tag.
7) Provides that if a certificate is presented from a licensed
veterinarian that the dog has been spayed or neutered, the license
shall be issued for one-half or less of the fee required for a dog.
8) Defines a "puppy" as any microchipped dog less than 12 months of
age.
9) Permits issuance of a puppy license for a microchipped puppy
regardless of whether the puppy has had an anti-rabies vaccination.
10)Provides for the responsible city, county, or city and county to
specify the means by which the dog owner is required to provide
proof that his or her dog has been spayed or neutered.
11)Declares that no reimbursement is required because the act creates
a new crime or infraction to local agencies or school districts
under Section 6 of Article XIIIB of the California Constitution and
Section 17556 of the Government Code.
FISCAL EFFECT: According to Assembly Appropriations analysis dated
May 17, 2011, "Local governments will incur costs for processing the
reports filed by entities that sell or transfer a dog. These costs
are estimated to be approximately $300,000. The possibility of
revenues could more than offset costs if local governments are able to
successfully use the data that is reported.
If California were to achieve a 25% licensing rate compliance from its
current rate of 16.5%, that could mean an additional $12.75 million in
revenues statewide and $50.25 million at 50% compliance.
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COMMENTS:
1. Purpose. According to the Author, the purpose of the bill is to
increase dog licensing compliance and revenues in California by
removing barriers to obtaining a dog license and by educating the
dog owning public about the existing licensing requirement in state
law.
The Author seeks to address several issues. When people retrieve
puppies from pet stores, private parties, or even rescue puppies
from shelters, they are unable to license the dogs when they are
first acquired. When animal control agencies can visually confirm
a dog has been altered, they cannot sell an altered license until
the owner can provide a certificate of sterilization. Animal
control agencies have limited tools to locate owners of dogs in
their communities and educate them about dog ownership
requirements.
2. Background. California state law requires that all dogs over the
age of four months be vaccinated against rabies and possess a
license. Licensing is a means of identification in the event that
a dog becomes lost. Licensing revenues aid licensing entities in
promoting and protecting human and animal safety. Failure to
license one's dog may result in fines, penalties and/or citations.
According to data from the American Veterinary Medical Association,
California itself has approximately 9.3 million dogs.
Approximately 715,000 dogs die each year in California. In 2008,
about 1,900,000 dogs were licensed with the possibility of
underreporting.
According to information provided by the Author, 80% of dogs in
shelters have an owner, but only 16-20% are returned to their
owners because of licensing. Low rates of licensing compliance
also results in lower revenue for local governments.
As early as birth, puppies can be microchipped. A microchip is
about the size of a grain of rice, and consists of a tiny computer
chip housed in a type of glass made to be compatible with living
tissue. This microchip is implanted between the dog's shoulder
blades under the skin with a needle and special syringe. Little to
no pain is experienced. The microchip can be detected immediately
with a handheld device that uses radio waves to read the chip which
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displays a unique alphanumeric code. They are designed to last the
life of a dog and can be easily identified if found by a shelter in
possession of a scanner. (Once microchipped, this bill will
qualify the puppy for a puppy license.)
According to the American Humane Association Website, it is
generally safe to spay or neuter most puppies at 8 weeks of age.
Once a dog is spayed or neutered, it may qualify for the fee
discount pursuant to FAC §§ 30525, 30804.5 and GC § 38792 of
one-half, or less of the fee required for a dog.
This bill does not require vaccination as a pre-requisite to
licensing; however, owners must still vaccinate the puppy when it
reaches 4 months of age. If the owner has not provided acceptable
proof when the puppy reaches five months of age that the puppy has
received an anti-rabies vaccination, the puppy license shall expire
until the issuing agency receives satisfactory evidence indicating
the puppy has received vaccination.
After one year, puppies are considered adults. This bill provides
that the puppy license shall expire when the puppy reaches one year
of age and upon expiration of this license, the owner must obtain a
dog license.
3. Current Declines in Dog Licensing and Licensing Compliance.
According to the California Department of Public Health, the past
three decades have seen a sharp decline in the number of California
dogs licensed per 1000 people. In 1996-97 Los Angeles Animal
Services saw 137,000 animals licensed which shrank to 125,000 in
2006-2007. Additional information reveals that in 2009, only 16%
of California's dogs were licensed. Supporters contend that by
permitting licensing and education when a dog is still a puppy,
licensing compliance will go up.
The Los Angeles Animal Services had a different method of improving
compliance by implementing their License Canvassing program, which
utilized employees in a canvassing effort, following up on breeding
permits. They saw positive results in increasing compliance,
bringing in 6,500 licenses and $282,000 in revenue.
4. Current Reporting Requirements for Pet Dealers. Much of the
existing reporting for pet dealers requirements are established
in the Lockyer-Polanco-Farr Pet Protection Act (Act). Apart from
setting forth definitions for pet dealers and purchasers, the Act
sets forth guidelines for the health and safety of dogs and cats.
The Act also sets forth information pet dealers shall provide to
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purchasers, including information on disease, illness, and any
congenital or hereditary condition that adversely affects the
health of the dog at the time of sale. It also provides for a
civil penalty of $1,000 per violation of the Act.
Pet dealers are also required to provide a basic standard of living
for dogs and sets forth provisions addressing dog illness after
purchase regarding refunds and veterinary costs. Pet dealers are
also required to provide the purchaser at the time of sale, a
written notice of rights upon request setting forth rights provided
for in the Act.
5. Measure May Decrease Euthanasia for Shelter Dogs. A key
concern of some animal groups is the number of dogs that are
euthanized when they are not reclaimed by owners, transferred,
adopted, or die of natural causes in shelters. They believe that
euthanasia of dogs would decrease if more owners are reunited
with dogs in shelters through increased licensing efforts.
According to information from the California Department of Public
Health, 35% of shelter dogs are euthanized, 16% are reclaimed by
owners and 27% are adopted. Increasing licensing tools for local
governmental entities may improve the percentage of dogs reclaimed
by owners from shelters. This particular bill would provide
microchips to puppies, so that in the event that they are lost and
returned to a shelter, a shelter would be able to scan the dog and
contact the owner through the national registry.
According to the California Department of Public Health, if there
is a 10% increase in the rate at which lost dogs are returned to
owners, the chance that they are euthanized goes down by roughly
5-20%.
6. Related Legislation. AB 258 (Hagman) of 2011, exempts from the
rabies vaccination requirement a dog that a licensed veterinarian
determines, on an annual basis, would be endangered from the
vaccine due to disease or other conditions. This bill is pending
before the Senate Appropriations Committee.
SCR 51 (Lieu) of 2011, declares July 7, 2011 to be Microchip Your
Animal Day 2011 in California and would request that Californians
observe this day by having their dogs and cats microchipped and by
supporting organizations that provide no-cost and affordable
microchipping services. This resolution is pending before the
Senate Rules Committee.
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SB 702 (Lieu) of 2011, prohibits any public animal control agency
or shelter, society for the prevention of cruelty to animals
shelter, humane society shelter, or rescue group from releasing to
an owner seeking to reclaim his or her dog or cat, or selling or
giving away to a new owner, a dog or cat that has not been
microchipped, except under a specified circumstance. Because a
violation of these provisions would be a crime, the bill would
impose a state-mandated local program. This bill is pending before
the Assembly Appropriations Committee.
AB 2716 (Mendoza) of 2010, provided for a reduced fee for a dog
license tag if a certificate was presented from a licensed
veterinarian stating that the dog is a puppy under the age of 8
months. By expanding the population of dogs eligible for a reduced
license fee, the bill would have imposed a state-mandated local
program on a local government which would administer the expanded
program. This measure was referred to the Assembly Committee on
Local Government but was never heard.
SB 250 (Florez) of 2010, restricted the ownership of unsterilized
dogs and cats and required surgical sterilization of the animal in
specified circumstances. This bill died on the Assembly Floor.
AB 1634 (Levine) of 2008, enacted the California Responsible Pet
Ownership Act which specifies that a person who owns a dog or cat
that is not licensed (or is improperly licensed) and that has not
been spayed or neutered may be cited, and if cited, must pay civil
penalties. It also increased existing fines for nonspayed or
unneutered dogs and cats. This bill required microchipping of the
animal for a second occurrence for which the owner would have to
pay the cost of the microchip procedure, as specified. This bill
died on the Senate Floor.
SB 861 (Speier, Chapter 668, Statutes of 2005) allows cities and
counties to pass specified breed-specific legislation for mandatory
spaying and neutering and breeding restrictions. This bill
provides for increased reporting to the State Public Health
Veterinarian of dog bite data and other information by local
jurisdictions that makes use of the authorization provided by the
bill.
SB 934 (Vincent) of 2005, provided that the entity selling or
giving away of an unspayed or unneutered dog or cat shall require
the adopter or purchaser to execute a written agreement
acknowledging that the dog or cat is not spayed or neutered and
agreeing that the adopter or purchaser shall be responsible for
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ensuring that the dog or cat will be spayed or neutered, as
specified. The bill would have subject a purchaser or adopter who
violates the agreement to spay or neuter to specified civil fines
and penalties. Because the bill increased the duties of local
humane officers, this bill would have imposed a state-mandated
local program upon local governments. This measure was referred to
the Senate Business, Professions and Economic Development Committee
but was never heard.
SB 1301 (Vincent, Chapter 253, Statutes of 2004) repeals the sunset
date of January 1, 2006, for statutory provisions effective January
1, 2000, relating to the spaying and neutering of dogs and cats.
SB 1785 (Hayden, Chapter 752, Statutes of 1998) provides that
public and private animal shelters are subject to the same
anti-cruelty statues as private citizens who take possession of a
stray dog or cat and requires animal shelters to keep animals for a
minimum of three business days before they are put up for adoption
and a minimum of six business days before they are euthanized among
other provisions.
7. Arguments in Support. Supporters argue that this bill moves us
into the 21st century where electronic information is now available
and means that male dogs attending a low-cost rabies clinic would
be able to be licensed at the clinic because it is easy to make a
determination.
Also, this will allow local animal control to follow up on dogs in
their area to ensure owners are advised of rabies vaccination
requirements and licensing requirements. Supporters also tout the
potential licensing revenue that may result.
8. Arguments in Opposition. Opponents believe that this would
impose an additional burden on pet dealers, requiring an
additional business expense. They argue that this would increase
the cost of selling animals. They claim that under current
economic conditions, local governments are unlikely to expend
funds and employ the human resources necessary to compile reports
submitted by multiple sources and that localities will be
receiving useless information. Opponents firmly believe that
this will create a new level of bureaucracy that imposes costs on
small businesses.
Opponents to this bill also argue that increasing reporting
requirements on humane societies, rescue groups, and other
entities is burdensome and unnecessary.
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9. Policy Issue : Assembly Appropriations Committee Amendments
Changed.
The Author and Sponsor submitted amendments that modify changes made
by the Assembly Appropriations Committee as the bill was moved off
of the suspense file. Assembly Appropriations amendments dated May
27, 2011, contained language which would have authorized local
governments to pass an ordinance requiring reporting of sales and
transfers. These amendments were taken to reduce potential costs
from a possible reimbursable state mandate and to reduce the
reporting burden in instances where local governments were not
going to use the information. This bill contains amendments dated
June 27, 2011, that restore the bill's provisions to uniformly
require pet stores, non-profit animal shelters and rescue
organizations, and high-volume dog breeders to submit to their
local animal control agency a monthly list of contact information
for the new owners of the dogs they have sold or placed, even if
the dog and new owner reside in a different jurisdiction.
This bill also restores language that allows for penalties to
aforementioned organizations in the amount of a civil fine of $50
for the first offense and $100 for each subsequent offense for the
violation of provisions, providing a stronger incentive for
compliance with the law.
Legislative counsel has opined that this version of the bill is not a
reimbursable mandate. However, an earlier version of the bill with
an identical requirement was considered by Legislative Counsel to
be a reimbursable mandate. These conflicting opinions will be
resolved if this bill is enacted, by the Commission on State
Mandates.
10.Proposed Author's Amendments. The Author has agreed to restore
those amendments made by the Assembly Appropriations Committee on
May 27, 2011.
SUPPORT AND OPPOSITION:
Support:
Concerned Dog Owners of California (Sponsor)
American Society for the Prevention of Cruelty to Animals
California Animal Control Directors Association
Humane Society of the United States
Laborers' International Union of North America Locals 777 and 792
Sacramento County
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Standard Schnauzer Club of Southern California Inc.
Opposition:
Animal Council
California Federation of Dog Clubs
California Responsible Pet Owners' Coalition
National Federation of Independent Business
Pet Industry Joint Advisory Council
Consultant:Jonathan Ma and Bill Gage