BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1121|
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THIRD READING
Bill No: AB 1121
Author: Pan (D)
Amended: 7/13/11 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 6-1, 7/6/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Vargas
NOES: Negrete McLeod
NO VOTE RECORDED: Walters, Wyland
ASSEMBLY FLOOR : 53-23, 6/2/11 - See last page for vote
SUBJECT : Dog licensing: issuance: puppy licenses
SOURCE : Concerned Dog Owners of California
DIGEST : This bill allows a local governmental entity to
require 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, allows
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/her dog
has been spayed or neutered.
ANALYSIS :
Existing law:
1. Authorizes cities and counties to issue dog licenses
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(Food and Agriculture Code (FAC) Section 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 Section 30951)
3. 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 Section 30525 and 30804.5; Government Code
(GOV) Section 38792)
4. 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 Section 30801; GOV Section 38792)
5. 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. (GOV Section 38792)
6. 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. (Health and Safety Code (HSC) Section
122045)
7. 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 Revenue and Taxation
Code Section 6019. This definition does not apply to
breeders of dogs regulated, nor to any person, firm,
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partnership, corporation, or other association, that
breeds or rears dogs on the premises of the person,
firm, partnership, corporation, or other association,
that has sold, transferred, or given away fewer than 50
dogs in the preceding year. (HSC Section 122125 et
seq., or the Lockyer-Polanco-Farr Pet Protection Act)
8. Defines "purchaser" as a person who purchases a dog or
cat from a pet dealer without the intent to resell the
animal. (Id.)
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. Allows a local governmental entity to require a pet
dealer, as defined, humane society, rescue group,
society for the prevention of cruelty to animals, or any
other entity described under of HSC Section 122045, 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. Restricts a local governmental entity to exercise this
authority 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.
4. 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.
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5. 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.
6. 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.
7. Defines a "puppy" as any microchipped dog less than 12
months of age.
8. Permits issuance of a puppy license for a microchipped
puppy regardless of whether the puppy has had an
anti-rabies vaccination.
9. 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/her dog has been
spayed or neutered.
10.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 GOV Section 17556.
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, approximately 1.9 million dogs were
licensed with the possibility of underreporting.
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According to information provided by the author's office,
80 percent of dogs in shelters have an owner, but only
16-20 percent 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 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 Web site, 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 Section 30525 and
30804.5 and GOV Section 38792 of one-half, or less of the
fee required for a dog.
Current Declines in Dog Licensing and Licensing Compliance .
According to the 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 2006-07. Additional information
reveals that in 2009, only 16 percent 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
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6,500 licenses and $282,000 in revenue.
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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Per Senate Business, Professions & Economic
Development Committee analysis of 7/6/11) (Unable to
reverify)
Concerned Dog Owners of California (source)
American Society for the Prevention of Cruelty to Animals
California Animal Control Directors Association
County of Sacramento
Humane Society of the United States
Laborers' International Union of North America Locals 777
and 792
Standard Schnauzer Club of Southern California Inc.
OPPOSITION : (Per Senate Business, Professions & Economic
Development Committee analysis of 7/6/11) (Unable to
reverify)
Animal Council
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California Federation of Dog Clubs
California Responsible Pet Owners' Coalition
National Federation of Independent Business
Pet Industry Joint Advisory Council
ARGUMENTS IN SUPPORT : 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.
ARGUMENTS IN OPPOSITION : Opponents believe that this
bill imposes an additional burden on pet dealers, requiring
an additional business expense. They argue that this bill
increases 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 bill 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.
ASSEMBLY FLOOR : 53-23, 6/2/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Charles Calderon, Campos, Carter,
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Cedillo, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hagman,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Smyth,
Solorio, Swanson, Valadao, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Achadjian, Conway, Cook, Donnelly, Beth Gaines,
Garrick, Grove, Halderman, Harkey, Jeffries, Jones,
Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Torres, Wagner
NO VOTE RECORDED: Butler, Chesbro, Gorell, Hall
JJA:mw 8/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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