BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1809| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1809 Author: Maienschein (R) Amended: 8/5/14 in Senate Vote: 21 SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-0, 6/23/14 AYES: Lieu, Wyland, Berryhill, Corbett, Galgiani, Hernandez, Hill, Torres NO VOTE RECORDED: Block SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 73-0, 5/23/14 (Consent) - See last page for vote SUBJECT : Dogs: health certificates SOURCE : American Society for the Prevention of Cruelty to Animals DIGEST : This bill requires a person seeking to bring a dog into California for resale or change or ownership to obtain a health certificate from a licensed veterinarian, dated within 10 days prior to the dog's arrival, and submit the certificate to the county health department, as specified. ANALYSIS : Existing law: CONTINUED AB 1809 Page 2 1. Defines "dog breeder" or "breeder" as a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of three or more litters or 20 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association; "purchaser" as a person who purchases a dog or cat from a pet dealer without the intent to resell the animal; and "pet dealer" as a person engaging in the business of selling dogs or cats, or both, at retail, and by virtue of the sales of dogs and cats is required to possess a permit, as specified, and does not apply to breeders of dogs, nor to any person, firm, partnership, corporation, or other association, that breeds or rears dogs on the premises of the person, firm, partnership, corporation, or other association, that has sold, transferred, or given away fewer than 50 dogs in the preceding year. 2. Requires every breeder of dogs to deliver to each purchaser of a dog a written disclosure containing specified information including any information regarding the health, status and disposition of the dog; and requires a breeder to maintain a written record on the health, status, and disposition of each dog for a period of not less than one year after disposition of the dog, as specified. 3. Provides that if a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of a dog following the sale, the dog becomes ill, or, if within one year after the purchaser has taken physical possession of the dog after the sale by a breeder or dealer, a licensed veterinarian states in writing that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely to require, hospitalization or nonelective surgical procedures, the dog shall be considered unfit for sale, and a breeder or pet dealer must provide the purchaser with specified remedies. 4. Requires all dogs or cats received by a retail dealer, prior to being placed with other dogs or cats, to be examined for sickness. Any dog or cat found to be afflicted with a contagious disease shall be kept caged separately from healthy animals. CONTINUED AB 1809 Page 3 5. Requires pet dealers to provide to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department of Consumer Affairs (DCA), containing certain information regarding the breeder, the animal, medical history, for dogs a record of veterinarian treatment, a statement that the dog is free from disease or a record of any known disease; and requires at the time of sale, the purchaser of a dog and the pet dealer selling the dog, to sign a written statement acknowledging receipt and accuracy of the information contained on the DCA form. 6. Requires a pet dealer to maintain a written record on the health, status, and disposition of each dog and each cat for a period of not less than one year after disposition of the dog or cat, as specified, and requires the records to be available to humane officers, animal control officers, and law enforcement officers for inspection during normal business hours. This bill: 1. Requires a person seeking to bring or import a dog into California for the purpose of resale or change of ownership, to obtain a health certificate with respect to that dog, which 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. 2. Requires the person responsible who is reselling or changing ownership as specified in #1 above to submit the health certificate to the county health department by any method accepted by the receiving agency, including, but not limited to, electronic transmission and facsimile. 3. Provides that completion of a United States Department of Agriculture Animal and Plant Inspection Service Form 7001 (APHIS Form 7001), known as the U.S. Interstate and International Certificate of Health Examination for Small Animals, may be used for purposes of obtaining a health certificate or a different canine health certificate form may be used as determined by the receiving agency. 4. Provides that it is the responsibility of the person CONTINUED AB 1809 Page 4 importing the dog into California to send the health certificate to the county health department where the dog is offered for sale, or to the county of residence of the individual purchasing a dog directly from a source outside of California. 5. Specifies that the receiving agency may use the information on the health certificate as it deems appropriate. 6. States that these provisions do not apply to 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. 7. States that these provisions do not apply to 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, as specified, or an investigation by law enforcement of an alleged violation of state or federal animal fighting or animal cruelty laws. 8. Provides that the agency that receives the form, as specified, may charge a fee in a reasonable amount sufficient to cover the costs associated with receiving and processing a health certificate. 9. Makes a violation of any of the provisions an infraction punishable by a fine not to exceed $250 for each dog for which a violation has occurred, but that in lieu of punishment, authorized enforcement personnel may issue an administrative fine not to exceed $250 or a correction warning to a person who violates any of the provisions, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the violation, or an administrative fine or a correction warning has previously been issued to the individual. Specifies that the administrative fine or correction warning shall require the person to correct the violation. Background Problems with animal importation . In order to prevent the spread of animal diseases across state lines, state departments of agriculture and other state agencies have created rules and CONTINUED AB 1809 Page 5 regulations which govern the importation of livestock, companion animals, equines, and other animals. While all states have set forth stringent requirements for the importation and movement of livestock, not all states have stringent requirements for the importation of companion animals. According to the American Veterinary Medical Association, the majority of states require some type of "health certificate" be provided for companion animals imported into the state, but some exceptions are made for (1) animals passing through the state for short periods of time, (2) being transferred to educational, scientific, or research facilities, (3) being transferred to veterinary care facilities, or (4) entering the state for exhibitions, shows, or fairs. California only requires that all domestic dogs be healthy, and those over four months of age must have a certificate of current rabies vaccination. According to the Humane Society of the United States, while there are no exact numbers on the amount of dogs purchased over the Internet or between states, tens of thousands of dogs are shipped into the U.S. from "puppy mills" in foreign countries or purchased by people over Internet sites. Many people who have purchased puppies and kittens online find that these pets are sick and often die from their health problems. Some consumers never even knew they were dealing with someone outside of the U.S., or that their puppy was born overseas before being sold to a U.S. broker. When dogs or other animals are exported outside of the state, veterinarians in California typically complete the APHIS Form 7001. Under this bill, California consumers receiving a copy of the certificate will be provided with more accurate information about the health of animals acquired from out-of-state breeders, private sale individuals, or animal re-homers. This bill will also provide county health agencies with important animal-related health data including a more accurate count of the number of animals imported from other states. This bill further allows local agencies to charge a reasonable fee to cover the costs associated with receiving the documentation. APHIS Form 7001 . The APHIS Form 7001 is an official document issued and signed by a licensed veterinarian providing verification that an animal, or group of animals, was inspected and found to be healthy and showing no signs of contagious or CONTINUED AB 1809 Page 6 communicable disease on the date of inspection. Information provided on the document includes the type of animal, number of animals in the shipment, breed, age, sex, color or distinctive marks, names, address and license number of the signing veterinarian is required. Each state determines the health requirements for animals being transported into their state. This information is considered an essential element in a disease outbreak to identify the source of a disease and to locate potentially exposed animals and people. The veterinary certification section of the form contains specific statements of regarding the veterinarian's examination, as well as the veterinarian contact information, license number and signature. Certificates are valid for use for 30 days after animal examination. Current regulation of animal sales . The Polanco-Lockyer Pet Breeder Warranty Act (AB 161, Maddox, Chapter 350, Statutes of 2001), within the Health and Safety Code, requires all dog breeders to provide a written disclosure upon the sale of any dog with information such as the breeder's name and address, the dog's birth date, breed, sex, color, a veterinarian record, and a signed statement from the breeder that the dog has no known diseases. Any breeder who knowingly sells a diseased dog faces a civil penalty and purchasers of dogs with health conditions are afforded the opportunity for remedies such as the return of the dog, compensation or replacement if the dog passes away. Additionally, the Lockyer-Polanco-Farr Pet Protection Act (SB 1360, Senate Health and Human Services Committee, Chapter 415, Statutes of 1995) requires pet dealers to have dogs examined by a licensed veterinarian before they are offered for sale, and specifies that exams must occur within five days of the dealer receiving the dog, and every 15 days thereafter until the dog is sold. This bill does not impact California's existing law with respect to selling, breeding or reselling dogs inside of California. This bill only requires that persons seeking to bring a dog into this state or importing a dog into California for resale or change of ownership file a health certificate prior to the dog's arrival to California. There is no requirement that county health departments do anything with the information, other than collect it. Additionally, this bill does not require CONTINUED AB 1809 Page 7 individuals who are bringing dogs into California for an extended period or moving into California to file a certificate as long as the dog is not changing ownership. Comments According to the author's office, California is currently one of only two states that do not require dogs to be inspected and issued a "Certificate of Veterinarian Inspection" (CVI) or its equivalent, prior to or upon entry into the state. The author's office states that this bill will require individuals importing dogs into California for sale or change of ownership (i.e. online sale direct to a consumer) to file a CVI with the county health department where the dog is destined. This bill does not apply to family dogs where ownership is not changing, dogs visiting California with their families or dogs participating in dog shows. Since CVIs are already done as a matter of practice for shipping to 48 other states, this bill simply directs these forms to the counties in order to provide local governments with necessary information about the number of dogs imported into their jurisdiction. Further, this bill makes clear that the state and local government may use this information at their discretion, and that there is no mandate to do anything with the information. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/5/14) American Society for the Prevention of Cruelty to Animals (source) California Animal Control Directors Association OPPOSITION : (Verified 8/5/14) The Animal Council ARGUMENTS IN SUPPORT : The American Society for the Prevention of Cruelty to Animals (ASPCA), as the sponsor of this bill, states that existing law merely requires that imported dogs be healthy and have a current rabies vaccination. They indicate that by requiring a CVI of those individuals who are importing dogs into California it will provide better data on the number CONTINUED AB 1809 Page 8 of dogs entering a municipality and more importantly help protect consumers from purchasing sick dogs and reduce the likelihood that imported dogs will bring any contagious diseases into this state. The ASPCA notes that the completed CVI forms will be sent to local governments, through electronic transmission or otherwise, so they have information on the number of dogs imported entering their jurisdictions from out of state and are authorized to reasonably cover the costs of receiving these documents but are not required to do anything further with the information received. The ASPCA further states that this bill does not apply to family dogs where ownership is not changing, dogs visiting California with their families or dogs participating in dog shows. Nor does it apply to dogs used for law enforcement purposes or military work, guide dogs or dogs utilized for declared emergency situations. ARGUMENTS IN OPPOSITION : The Animal Council states that although amendments have limited the scope of persons covered by the requirement to obtain health certificates, they remain concerned that the covered class of mandated filers will still include individuals and small groups involved sporadically in bringing dogs into California for eventual transfer to others. ASSEMBLY FLOOR : 73-0, 5/23/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson, Perea, John A. Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Bonilla, Harkey, Roger Hernández, Melendez, Nestande, V. Manuel Pérez, Vacancy MW:k 8/6/14 Senate Floor Analyses CONTINUED AB 1809 Page 9 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED