BILL NUMBER: AB 272	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 7, 2013

   An act to amend Section 121690 of the Health and Safety Code,
relating to rabies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 272, as introduced, Gomez. Rabies: vaccinations.
   Existing law imposes various requirements upon dog owners in
rabies areas designated by the State Public Health Officer. Any
person who violates these requirements is guilty of an infraction,
and is punishable by a fine not exceeding $1,000. Violation of these
requirements also results in impounding of the dog by the local
jurisdiction. Among the requirements imposed under existing law is
that a dog 4 months of age or older be vaccinated against rabies.
   This bill would require that a dog 3 months of age or older be
vaccinated against rabies. By expanding the definition of a crime,
this bill would impose a state-mandated local program.
   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.  Section 121690 of the Health and Safety Code is amended
to read:
   121690.  In rabies areas, all of the following shall apply:
   (a) 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. License fees shall be fixed by the responsible
city, city and county, or county, at an amount not to exceed
limitations otherwise prescribed by state law or city, city and
county, or county charter.
   (b) (1) Every dog owner, after his or her dog attains the age of
 four   three  months, shall, at intervals
of time not more often than once a year, as may be prescribed by the
department, procure its vaccination by a licensed veterinarian with a
canine antirabies vaccine approved by, and in a manner prescribed
by, the department, unless a licensed veterinarian determines, on an
annual basis, that a rabies vaccination would endanger the dog's life
due to disease or other considerations that the veterinarian can
verify and document. The responsible city, county, or city and county
may specify the means by which the dog owner is required to provide
proof of his or her dog's rabies vaccination, including, but not
limited to, by electronic transmission or facsimile.
   (2) A request for an exemption from the requirements of this
subdivision shall be submitted on an approved form developed by the
department and shall include a signed statement by the veterinarian
explaining the inadvisability of the vaccination and a signed
statement by the dog owner affirming that the owner understands the
consequences and accepts all liability associated with owning a dog
that has not received the canine antirabies vaccine. The request
shall be submitted to the local health officer, who may issue an
exemption from the canine antirabies vaccine.
   (3) The local health officer shall report exemptions issued
pursuant to this subdivision to the department.
   (4) A dog that is exempt from the vaccination requirements of this
section shall be considered unvaccinated.
   (5) A dog that is exempt from the vaccination requirements of this
section shall, at the discretion of the local health officer or the
officer's designee, be confined to the premises of the owner, keeper,
or harborer and, when off the premises, shall be on a leash the
length of which shall not exceed six feet and shall be under the
direct physical control of an adult. A dog that is exempt from the
provisions of this section shall not have contact with a dog or cat
that is not currently vaccinated against rabies.
   (c) All dogs under four months of age shall be confined to the
premises of, or kept under physical restraint by, the owner, keeper,
or harborer. Nothing in this chapter and Section 120435 shall be
construed to prevent the sale or transportation of a puppy four
months old or younger.
   (d)  Any   A  dog in violation of this
chapter and any additional provisions that may be prescribed by
 any   a  local governing body shall be
impounded, as provided by local ordinance.
   (e) The governing body of each city, city and county, or county
shall maintain or provide for the maintenance of a pound system and a
rabies control program for the purpose of carrying out and enforcing
this section.
   (f)  (1)    Each city, county, or city and
county shall provide dog vaccination clinics, or arrange for dog
vaccination at clinics operated by veterinary groups or associations,
held at strategic locations throughout each city, city and county,
or county. The vaccination and licensing procedures may be combined
as a single operation in the clinics. No charge in excess of the
actual cost shall be made for any one vaccination at a clinic. No
owner of a dog shall be required to have his or her dog vaccinated at
a public clinic if the owner elects to have the dog vaccinated by a
licensed veterinarian of the owner's choice. 
    All 
    (2)     All  public clinics shall be
required to operate under antiseptic immunization conditions
comparable to those used in the vaccination of human beings.
   (g) In addition to the authority provided in subdivision (a), the
ordinance of the responsible city, city and county, or county may
provide for the issuance of a license for a period not to exceed
three years for dogs that have attained the age of 12 months or older
and have been vaccinated against rabies or one year for dogs
exempted from the vaccination requirement pursuant to subdivision
(b). The person to whom the license is issued pursuant to this
subdivision may choose a license period as established by the
governing body 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 and, if a dog is exempted from the
vaccination requirement pursuant to subdivision (b), the license
period shall not extend beyond one year. A dog owner who complies
with this subdivision shall be deemed to have complied with the
requirements of subdivision (a).
   (h) All information obtained from a dog owner by compliance with
this chapter is confidential to the dog owner and proprietary to the
veterinarian. This information shall not be used, distributed, or
released for any purpose, except to ensure compliance with existing
federal, state, county, or city laws or regulations.
  SEC. 2.  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.