BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1809
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1809 (Maienschein)
          As Amended  August 5, 2014
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(May 23, 2014)  |SENATE: |35-0 |(August 11,    |
          |           |     |                |        |     |2014)          |
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          Original Committee Reference:    B., P. & C. P.  

           SUMMARY  :  Requires a person seeking to bring a dog into  
          California for resale or change of ownership to obtain a health  
          certificate from a licensed veterinarian, dated within ten days  
          prior to the dog's arrival, and submit the certificate to the  
          county health department, and establishes a penalty for  
          violating the requirement to obtain and submit a health  
          certificate.     Specifically,  this bill  :  

          1)Requires a person bringing or importing 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 ten  
            days prior to the date on which the dog is brought into the  
            state.

          2)Requires the person responsible for providing the health  
            certificate to submit it to the county health department by  
            electronic transmission, facsimile, or any other method  
            accepted by the receiving agency, including electronic  
            transmission and facsimile.

          3)Accepts a completed United States Department of Agriculture  
            Animal and Plant Inspection Service Form 7001 (APHIS Form  
            7001), known as the United States Interstate and International  
            Certificate of Health Examination for Small Animals, as an  
            acceptable health certificate or a different canine health  
            certificate form determined by the receiving agency.

          4)States that it is the responsibility of the person 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.








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          5)Specifies that the receiving agency may use the information on  
            the health certificate as it deems appropriate.

          6)States that these provisions shall 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 will not change. 

          7)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. 

          8)Specifies that a person who violates the requirement to  
            provide a health certificate, as specified, is guilty of an  
            infraction, punishable by a fine not to exceed $250 for each  
            dog for which a violation has occurred.

          9)Authorizes enforcement personnel, in lieu of a fine, to issue  
            an administrative fine in the same amount or a correction  
            warning to a person who violates the health certificate filing  
            requirement 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.  The  
            administrative fine or correction warning requires the person  
            to correct the violation.  

          10)States that no reimbursement is required by this bill  
            pursuant to the California Constitution because of both of the  
            following:

             a)   A local agency or a school district has the authority to  
               levy service charges, fees, or assessments sufficient to  
               pay for the program or level of service mandated by this  
               act, or changes the definition of a crime; and,

             b)   This act creates a new crime or infraction, eliminates a  
               crime or infraction, or changes the penalty for a crime or  
               infraction, or changes the definition of crime.  


           The Senate amendments  add an enforcement provision for the  
          requirement that a person seeking to bring a dog into this state  
          for resale or change of ownership obtain and file the health  








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          certificate as specified, and make other minor and technical  
          amendments.  


           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  


           COMMENTS  :   

          1)Purpose of this bill.  This bill requires individuals  
            importing dogs into California for resale or change of  
            ownership to complete and file a health certificate with the  
            county health department, dated within ten days prior to the  
            dog's arrival, in order to provide local governments, animal  
            control agencies, and consumers with pertinent information  
            regarding the animal's health.  The author's aim is to protect  
            consumers from purchasing or adopting sick animals and help  
            prevent dogs from being imported into the state which may  
            unknowingly be carrying contagious diseases.  This bill is  
            sponsored by the American Society for the Prevention of  
            Cruelty to Animals (ASCPA). 

          2)Author's statement.  According to the author, "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 equivalent, prior to, or upon, entry into  
            the state.  CVIs are legal documents signed by veterinarians  
            who have evaluated the health of dogs and can attest to the  
            accuracy of the information.  These important documents help  
            protect consumers from purchasing sick dogs, and reduce the  
            likelihood that imported dogs bring contagious diseases into  
            California.  

            "With the increase of online sales of puppies direct to  
            consumers in California, there is no official document that  
            notifies local governments to the number of dogs entering  
            their jurisdiction from out of state.  This makes the job of  
            California's animal care and control agencies even more  
            challenging as they do not have a complete picture of the  
            number of dogs entering their municipality from outside  
            California.  Existing law merely requires that imported dogs  
            be healthy and have a current rabies vaccination."  

          3)Animal importation.  According to the American Veterinary  








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            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  
            animals: passing through the state for short periods of time;  
            being transferred to educational, scientific, or research  
            facilities; being transferred to veterinary care facilities;  
            or, 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.  

          While there are no exact numbers on the amount of dogs purchased  
            over the internet or between states, according to the Humane  
            Society of the United States, tens of thousands of dogs are  
            shipped into the United States from "puppy mills" in foreign  
            countries, purchased by people over Internet sites, and many  
            people who have purchased puppies and kittens online find that  
            these pets are sick and often die from their health problems.   
            Some never even knew they were dealing with someone outside of  
            the United States or that their puppy was born overseas before  
            being sold to a United States 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.  


          4)Regulation of animal sales.  This bill does not impact  
            California's current law with respect to selling, breeding or  
            rehoming dogs inside of California.  This bill only requires  
            that persons importing a dog into California for purchase 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.  








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            Additionally, this bill does not require 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. 
             

          Analysis Prepared by  :    Elissa Silva / B., P. & C.P. / (916)  
          319-3301 


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