Amended in Senate August 5, 2014

Amended in Senate July 1, 2014

Amended in Senate June 9, 2014

Amended in Assembly April 23, 2014

Amended in Assembly April 10, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1809


Introduced by Assembly Member Maienschein

February 18, 2014


An act to add Chapter 1.5 (commencing with Section 121720) to Part 6 of Division 105 of the Health and Safety Code, relating to veterinary public health.

LEGISLATIVE COUNSEL’S DIGEST

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 diseasesbegin delete amongstend deletebegin insert amongend insert 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.

This 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,begin delete andend deletebegin insert or, in lieu of punishment as an infraction,end insert would authorize animal control personnel to issuebegin insert an administrative fine for the same amount orend insert a correctionbegin delete warning in lieu of the fine,end deletebegin insert warning,end insert subject to specified exceptions. By creating a new crime, the 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 specified reasons.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 1.5 (commencing with Section 121720)
2is added to Part 6 of Division 105 of the Health and Safety Code,
3to read:

4 

5Chapter  1.5. Dog Importation: Health Certificates
6

 

7

121720.  

(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
P3    1of ownership shall obtain a health certificate with respect to that
2dog that has been completed by a licensed veterinarian and is dated
3within 10 days prior to the date on which the dog is brought into
4the state.

5(2)  begin deleteThe person who is reselling or changing ownership as
6described in paragraph (1)end delete

7begin insertThe person seeking to bring the dog into this state or importing
8dogs into this state for the purpose of resale or change of
9ownershipend insert
shall submit the health certificate to the county health
10department as provided in subdivision (c). The personbegin delete mayend deletebegin insert shallend insert
11 submit the health certificate to the county health department by
12begin delete electronic transmission, facsimile, or any otherend deletebegin insert anyend insert method
13accepted by the receivingbegin delete agency.end deletebegin insert agency, including, but not limited
14to, electronic transmission and facsimile.end insert

15(b) Completion of a United States Department of Agriculture
16Animal and Plant Health Inspection Service Form 7001, known
17as the United States Interstate and International Certificate of
18Health Examination for Small Animals, shall satisfy the
19requirement of subdivision (a). A different form of canine health
20certificate acceptable to the receiving agency shall also satisfy the
21requirement of subdivision (a).

22(c) It shall be the responsibility of persons importing dogs into
23this state for the purpose of resale or change of ownership to send
24the health certificate to the county health department where the
25dog is to be offered for sale or to the county of residence of the
26individual purchasing or receiving a dog directly from a source
27outside of California.

19 28(d) The receiving agency may use the information on the health
29certificate as it deems appropriate.

30

121721.  

(a) This chapter does not apply to a person who brings
31a dog into the state that will not be offered for resale or if the
32ownership of the dog is not expected to change.

33(b)  This chapter does not apply to the import of a dog used for
34 law enforcement or military work, a guide dog, as defined by
35subdivision (d) of Section 365.5 of the Penal Code, or a dog
36imported as a result of a declared emergency as described by
37Section 8558 of the Government Code or an investigation by law
38enforcement of an alleged violation of state or federal animal
39fighting or animal cruelty laws.

P4    1

121722.  

The agency that receives a form pursuant to Section
2121720 may charge a fee in a reasonable amount sufficient to cover
3the costs associated with receiving and processing a health
4certificate submitted to the agency pursuant to this chapter.

5

121723.  

(a) A person who violates a provision of this chapter
6is guilty of an infraction, punishable by a fine not to exceed two
7hundred fifty dollars ($250) for each dog for which a violation has
8occurred.

9(b) In lieu of punishment pursuant to subdivision (a), authorized
10begin delete animal controlend deletebegin insert enforcementend insert personnel may issuebegin insert an administrative
11fine in the same amount specified in subdivision (a) orend insert
a correction
12warning to a person who violates a provision of this chapter, unless
13the violation endangers the health or safety of the animal, the
14animal has been wounded as a result of the violation, orbegin insert an
15administrative fine orend insert
a correction warning has previously been
16issued to the individual. Thebegin insert administrative fine orend insert correction
17warning shall require the person to correct the violation.

18

SEC. 2.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20of both of the following:

21(a) A local agency or school district has the authority to levy
22service charges, fees, or assessments sufficient to pay for the
23program or level of service mandated by this act, within the
24meaning of Section 17556 of the Government Code.

25(b) This act creates a new crime or infraction, eliminates a crime
26or infraction, or changes the penalty for a crime or infraction,
27within the meaning of Section 17556 of the Government Code, or
28changes the definition of a crime within the meaning of Section 6
29of Article XIII B of the California Constitution.



O

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