Amended in Senate May 28, 2013

Amended in Assembly April 19, 2013

Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 272

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 amended, 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 begin insert or 4 end insert 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
three begin insert or four end insert 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) A dog in violation of this chapter and any additional
provisions that may be prescribed by 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.

(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.