BILL ANALYSIS Ó
AB 1121
Page 1
GOVERNOR'S VETO
AB 1121 (Pan)
As Amended August 24, 2011
2/3 vote
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| |53-23|(June 2, 2011) |SENATE: |27-10|(September 8, |
| | | | | |2011) |
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|ASSEMBLY: | | | | | |
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|ASSEMBLY: |49-27|(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
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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.
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
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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.
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
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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, 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;
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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.
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
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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
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
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to economic conditions, may not have the resources to use this
information effectively.
GOVERNOR'S VETO MESSAGE : "Nothing in existing law prevents local
governments from issuing puppy licenses or imposing requirements on
dog sellers. In fact, some cities and counties have already adopted
excellent programs of the kind envisioned by this bill.
"Licensing and tracking of dogs is quintessentially a local
function."
Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958
FN: 0002932