BILL ANALYSIS Ó
AB 1121
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1121 (Pan)
As Amended August 24, 2011
Majority vote
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|ASSEMBLY: |53-23|(June 2, 2011) |SENATE: |26-10|(September 8, |
| | | | | |2011) |
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Original Committee Reference: L. GOV.
SUMMARY : Allows cities and counties to issue puppy licenses, as
defined, specifies provisions by which cities and counties can
issue puppy licenses, and requires pet dealers, rescue groups
and other specified entities to submit monthly reports
containing information about recently sold or adopted dogs to
local jurisdictions.
The Senate amendments :
1)Strike the language authorizing local governments to require
monthly reports and instead require each pet dealer, humane
society, rescue group, or other specified group to submit
monthly reports to the local government entity responsible for
dog licensing with specified information on adopted or sold
dogs.
2)Provide that a violation of the monthly reporting requirement
is punishable by a civil fine, as determined by the local
jurisdiction, not to exceed $50 for the first offense and $100
for each subsequent offense.
3)Provide that no reimbursement is required by the bill's
provisions.
4)Make other technical, clarifying changes.
EXISTING LAW :
1)Provides for dog licensing requirements for cities and
counties.
2)Requires that all dogs over the age of four months be
vaccinated against rabies.
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3)Prohibits any public pound, society for the prevention of
cruelty to animals' shelter, or humane shelter from selling or
giving away any dog that has not been spayed or neutered,
unless a deposit for spaying or neutering the dog has been
tendered to the pound or shelter.
4)Specifies provisions relating to requirements for spaying and
neutering applicable to a county that has a population of less
than 100,000 persons as of January 1, 2000, and to cities
within that county.
5)Requires, for counties of less than 100,000 persons and cities
within those counties, to issue a dog license tag 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.
6)Allows a board of supervisors to provide for the issuance of
serially numbered metallic dog licenses, and specifies that
these licenses shall be issued for a period of not to exceed
two years, or for three years for dogs that are 12 months, or
older, and who have been vaccinated against rabies.
7)Allows the board of supervisors to increase the fee for the
issuance of dog licenses.
8)Requires dog license tags to 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.
9)Requires local governments to fine owners of a nonspayed or
unneutered dog that is impounded by a city or county animal
control agency or shelter.
AS PASSED BY THE ASSEMBLY , this bill:
1)Authorized a local governmental entity to require a pet
dealer, humane society, rescue group, society for the
prevention of cruelty to animals, or other specified entity,
to submit, once a month, 30 days after the close of business
for the previous month, a report to the local governmental
entity that is responsible for licensing dogs in the city or
county.
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2)Required the report to 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.
3)Required the report to include the breed, age, microchip
number and reproductive status of the dog.
4)Stated that a report is not required in any month in which a
dog was not adopted or sold.
5)Required the reporting entity to retain copies of the report
for 12 months.
6)Specified that 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.
7)Allowed a local governmental entity to exercise the authority
to require monthly reports only for the following purposes:
a) Providing notice regarding law requiring the person to
obtain a license for the dog to a person who receives a dog
that was adopted or sold as described in 2) above; or,
b) 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.
8)Defined "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 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.
9)Required 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,
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including, but not limited to, by electronic transmission or
facsimile.
10)Defined "puppy license" to mean a dog license tag issued for
a microchipped puppy.
11)Allowed a licensing entity to issue a puppy license pursuant
to the provisions of this bill, as follows:
a) Provides that a puppy license shall expire when the
puppy reaches one year of age;
b) Provides that upon expiration of a puppy license, the
owner shall obtain a dog license tag and provides that the
fee of the tag shall be the same fee that is authorized
pursuant to existing law for a dog that has been spayed or
neutered;
c) States, notwithstanding any other law or local
ordinance, that a puppy license for a microchipped puppy
shall, upon application of the owner, be issued regardless
of whether the puppy has had an antirabies vaccination;
d) Requires the expiration of a puppy license 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;
e) Provides that if the puppy license expires pursuant to
d) above, the owner shall not be eligible to obtain a
second puppy license; and,
f) Provides that the fee for a puppy license shall be the
same fee that is authorized pursuant to existing law for a
dog that has been spayed or neutered.
12)Defined "puppy" to mean any dog under 12 months of age.
13)Declared 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 declares 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.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill contains a state mandate for local
governments and likely minor costs for local licensing entities
to receive monthly reports on dog sales and adoptions. Local
governments may see a potential increase in dog and puppy
license revenues to the extent local governments use the
reported information to enhance dog license enforcement efforts.
COMMENTS : According to the sponsor, the Concerned Dog Owners of
California, the purpose of this bill is to remove barriers that
reduce compliance with the state laws that require dog
licensing. The sponsor believes that removing these barriers
and increasing licensing would have a number of beneficial
effects. First, it would make it easier to get lost dogs back
home to their owners which will result in lower kill rates in
shelters. Second, increasing licensing would provide local
government with access to additional revenues. And third, the
bill will provide local governments with ways to recover costs
more quickly.
Since the mid-1950s, California has required that dogs be
licensed by the time they are four months of age and owners are
obligated to provide proof of anti-rabies vaccination. Dog tag
licenses are issued by local jurisdictions pursuant to
provisions contained in the Food and Agriculture Code.
According to the Humane Society, only one in five dogs in
California is licensed. This low rate means that the state does
not know how many dogs are actually protected against rabies,
and may result in lost dogs staying longer in shelters because
they cannot be readily identified and returned promptly to their
owners.
This bill would require pet stores, non-profit animal shelters,
rescue organizations, and high-volume dog breeders to compile
and send to their local licensing agency a monthly list of
licensing information regarding dogs they have placed, adopted,
or sold. If the local government has the resources to process
the reports, this information will provide a way for local
governments to contact new dog owners and ensure better
compliance with existing dog licensing laws. This bill also
states that a violation of the requirement to file monthly
reports by specified entities is punishable by a civil fine, as
determined by the local jurisdiction, and specifies that the
fine cannot exceed $50 for the first offense and $100 for each
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subsequent offense.
Additionally, this bill would permit cities and counties to
offer a puppy license to microchipped puppies under the age of
four months. If the local agency opts to offer puppy licensing,
then that city or county would be required to follow the
provisions of the bill, which contain the process for the
licensing. For cities and counties that choose to offer a puppy
license, the bill requires the local government to offer it for
the same fee charged to owners of altered dogs. A puppy license
would be temporary and become permanent when the owners provide
their local licensing agency with proof of proper rabies
documentation (no later than five months of age).
Support arguments: Supporters argue that this bill will result
in higher licensing rates for dogs in California and allow for
better compliance in getting lost dogs home to their owners.
Local governments may also choose to start licensing puppies
pursuant to the bill's provisions, which will allow local
governments to get dogs into their systems much earlier on in
the process. This additionally gives the local governments
choosing to do puppy licensing the ability to track dogs
throughout their lifetime and send license renewals with
efficiency.
Opposition arguments: Opponents argue that increasing reporting
requirements on humane societies, rescue groups, and other
entities is burdensome and unnecessary. Additionally, local
governments, due to economic conditions, may not have the
resources to use this information effectively.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN:
0002779