AB 1809, as amended, Maienschein. Dogs: health certificates.
Existing law imposes specified requirements on animal owners in order to prevent or control the transmission of zoonotic diseases, such as rabies, and communicable diseases amongst animals. Existing law also provides for the licensing and registration of dogs, as specified.
This bill would require a person seeking to bring a dog into this state, or importing dogs into this state for the purpose of resale or change of ownership, to obtain a health certificate with respect to that dog that has been completed by a licensed veterinarian and is dated within 10 days prior to the date on which the dog is brought into the state. The bill would require the person to submit the health certificate to the county health department, as specified. The bill would exempt from these requirements a person who brings a dog into the state that will not be offered for resale or if the ownership of the dog is not expected to change. The bill also would exempt from these requirements the import of a dog used for law enforcement or military work, a guide dog, as defined, or a dog imported as a result of a declared emergency or an investigation by law enforcement of an alleged violation of state or federal animal fighting or animal cruelty laws. The bill would authorize the agency receiving the health certificate to use the information on the health certificate as it deems appropriate, and to charge a fee in a reasonable amount sufficient to cover the costs associated with receiving and processing a health certificate submitted to the county health department pursuant to these provisions. By imposing a higher level of service on county health agencies, the bill would impose a state-mandated local program.
begin insertThis bill would make a violation of its provisions an infraction punishable by a fine not to exceed $250 for each dog for which a violation has occurred, and would authorize animal control personnel to issue a correction warning in lieu of the fine, subject to specified exceptions. By creating a new crime, the bill would impose a state-mandated local program.
end insertThe 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 forbegin delete aend delete specifiedbegin delete reasonend deletebegin insert reasonsend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 1.5 (commencing with Section 121720)
2is added to Part 6 of Division 105 of the Health and Safety Code,
3to read:
4
(a) (1) A person seeking to bring a dog into this state
8or importing dogs into this state for the purpose of resale or change
9of ownership shall obtain a health certificate with respect to that
10dog that has been completed by a licensed veterinarian and is dated
11within 10 days prior to the date on which the dog is brought into
12the state.
P3 1(2) Except as provided in subdivision (c), the person described
2in paragraph (1) shall submit the health certificate to the county
3health department. The person may submit the health certificate
4to the county health department by electronic transmission,
5facsimile, or any other method accepted by the receiving
agency.
6(b) Completion of a United States Department of Agriculture
7Animal and Plant Health Inspection Service Form 7001, known
8as the United States Interstate and International Certificate of
9Health Examination for Small Animals, shall satisfy the
10requirement of subdivision (a). A different form of canine health
11certificate acceptable to the receiving agency shall also satisfy the
12requirement of subdivision (a).
13(c) It shall be the responsibility of persons importing dogs into
14this state for the purpose of resale or change of ownership to send
15the health certificate to the county health department where the
16dog is to be offered for sale or to the county of residence of the
17individual purchasing or receiving a dog directly from a source
18outside of California.
19(d) The receiving agency may use the information on the health
20certificate as it deems appropriate.
(a) This chapter does not apply to a person who brings
22a dog into the state that will not be offered for resale or if the
23ownership of the dog is not expected to change.
24(b) This chapter does not apply to the import of a dog used for
25
law enforcement or military work, a guide dog, as defined by
26subdivision (d) of Section 365.5 of the Penal Code, or a dog
27imported as a result of a declared emergency as described by
28Section 8558 of the Government Code or an investigation by law
29enforcement of an alleged violation of state or federal animal
30fighting or animal cruelty laws.
The agency that receives a form pursuant to Section
32121720 may charge a fee in a reasonable amount sufficient to cover
33the costs associated with receiving and processing a health
34certificate submitted to the agency pursuant to this chapter.
(a) A person who violates a provision of this chapter
36is guilty of an infraction, punishable by a fine not to exceed two
37hundred fifty dollars ($250) for each dog for which a violation
38has occurred.
39(b) In lieu of punishment pursuant to subdivision (a), authorized
40animal control personnel may issue a correction warning to a
P4 1person who violates a provision of this chapter, unless the violation
2endangers the health or safety of the animal, the animal has been
3wounded as a result of the violation, or a correction warning has
4previously been issued to the individual. The correction warning
5shall require the person to correct the violation.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8a local agency or school district has the authority to levy service
9charges, fees, or assessments sufficient to pay for the program or
10level of service mandated by this act, within the meaning of Section
1117556 of the Government Code.
begin insertNo reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14of both of the following:end insert
15(a) A local agency or school district has the authority to levy
16service charges, fees, or assessments sufficient to pay for the
17program or level of service mandated by this act, within the
18meaning of Section 17556 of the Government Code.
19begin insert(b)end insertbegin insert end insertbegin insertThis act creates a new crime or infraction, eliminates a
20crime or infraction, or changes the penalty for a crime or
21infraction, within the meaning of Section 17556 of the Government
22Code, or changes the definition of a crime within the meaning of
23Section 6 of Article XIII B of the California Constitution.end insert
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