BILL NUMBER: AB 1939	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN ASSEMBLY  APRIL 16, 2012

INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 22, 2012

   An act to amend Sections 30525, 30801, and 30804.5 of, to add
Section 30505 to, and to add and repeal Section 30503.5, of the Food
and Agricultural Code, and to amend Section 38792 of the Government
Code, relating to dog licensing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1939, 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, until January 1, 2018, and  only  in the
Counties of Los Angeles, Orange, Sacramento, San Diego, and Santa
Clara, would additionally 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 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. 
The bill would exclude a rescue group that places fewer than 20 dogs
in a calendar year from these reporting requirements.  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 the above-described
provisions from the provision which makes the violation a crime. The
bill would authorize other counties not described above to enact
local ordinances implementing a program consistent with these
provisions.
   This bill would authorize a licensing agency to issue a puppy
license to the owner of a puppy  , as defined  
that is 6 months of age or less  , which would expire when the
puppy reaches one year of age, except as specified. The bill would
require the owner of a puppy to obtain a dog license tag upon the
expiration of the puppy license. Because a violation of this
provision would be an infraction, the bill would create a new crime,
thereby imposing a state-mandated local program. The bill would also
make conforming changes.
   Existing law authorizes a 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: yes.
State-mandated local program: 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 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)  (1)    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 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, 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. 
   (2)  A rescue group, as defined in subdivision (c), that places
fewer than 20 dogs in a calendar year shall be excluded from the
requirement to submit reports pursuant to paragraph (1). 
   (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.
   (d) This section shall apply only in the Counties of Los Angeles,
Orange, Sacramento, San Diego, and Santa Clara  , including all
local jurisdictions within those counties  . Any other 
County   county  may enact a local ordinance
implementing a program consistent with this section.
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  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  for a puppy
that is six months of age or less  pursuant to this division. A
dog license tag issued for a puppy  when the puppy is six months
of age or less  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, if the puppy has been spayed or neutered, 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. If
the puppy has not been spayed or neutered, the owner of the puppy
shall obtain a dog license tag and the fee for that dog license tag
shall be subject to the regular fee for a dog that has not 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 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 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 purposes 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.