AMENDED IN ASSEMBLY APRIL 17, 2007
AMENDED IN ASSEMBLY APRIL 9, 2007
california legislature—2007–08 regular session
ASSEMBLY BILL No. 1634
Introduced by Assembly Member Levine
(Principal coauthor: Senator Padilla)
(Coauthor: Assembly Member Nava)
February 23, 2007
An act to add Chapter 9 (commencing with Section 122336) to Part
6 of Division 105 of the Health and Safety Code, relating to pets.
legislative counsel’s digest
AB 1634, as amended, Levine. California Healthy Pets Act.
Existing law sets forth provisions relating to veterinary public health
and safety and provides for or regulates spay, neuter, and breeding
programs for animals.
This bill would prohibit any person from owning or possessing any
cat or dog over the age of 4 months that has not been spayed or neutered, unless that person possesses an intact permit, as defined. The bill would establish an intact permit fee in an amount to be determined by a local jurisdiction, and would require the revenue from these fees to be used for the administration of the local jurisdiction’s permit program. The bill would make a violation of these provisions punishable by a prescribed civil penalty. It would require all revenues derived from these civil penalties to be used for funding the outreach efforts in connection with, and the administration and enforcement of, these provisions, and, to the extent funding is available, free and low-cost spay and neuter programs, and outreach efforts for those programs, which would be required to be established by each local animal control agency.
By increasing the enforcement responsibility of local agencies, this bill would create a state-mandated local program.
The bill would become operative on April 1, 2008.
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. This act shall be known and may be cited as the
California Healthy Pets Act.
SEC. 2. Chapter 9 (commencing with Section 122336) is added
to Part 6 of Division 105 of the Health and Safety Code, to read:
Chapter 9. Spay and Neuter Program for Cats and Dogs
Article 1. Definitions
122336. For purposes of this chapter, the following definitions
shall apply:
(a) “Intact permit” means a document issued annually by a local
jurisdiction or its local animal control agency if authorized to issue
these permits, that authorizes a person to own or possess within
that locality an unaltered cat or dog and meets the requirements
of subdivision (a) of Section 122336.2. A dog or cat license that
meets the requirements of subdivision (a) of Section 122336.2
shall be considered a permit for purposes of this chapter.
(b) “Local animal control agency” means the municipal or
county animal control agency or other entity responsible for
enforcing animal-related laws.
(c) “Local jurisdiction” means any city, county, or city and
county.
(d) “Spay or neuter” means any procedure, as performed by a
duly licensed veterinarian, that permanently sterilizes an animal
and makes it incapable of reproduction.
Article 2. General Provisions
122336.1. (a) A person shall not own or possess within the
state any cat or dog over the age of four months that has not been
spayed or neutered, unless that person possesses an intact permit,
as defined in subdivision (b) of Section 122336.
(b) Any person who violates subdivision (a) shall be subject to
the following:
(1) Unless paragraph (2) applies, a person in violation of
subdivision (a) shall have his or her cat or dog spayed or neutered
within 30 days from the date of compliance as required under this
section or Article 3 (commencing with Section 122336.2),
whichever is applicable.
(2) If a person in violation of subdivision (a) provides a letter
from a California licensed veterinarian indicating that due to age,
poor health, or illness, it is unsafe to spay or neuter the cat or dog
within 30 days from the date of compliance under this section or
Article 3 (commencing with Section 122336.2), whichever is
applicable, and indicating that arrangements have been made to
spay or neuter the cat or dog within 75 days from that date of
compliance, he or she shall have his or her cat or dog spayed or
neutered within that 75-day period.
(3) Any(b) Subject to subdivision (c), any person who violates
subdivision (a) shall, for each animal for which a violation has
occurred, be subject to a civil penalty of five hundred dollars ($500)
for each applicable period of noncompliance, as set forth in
paragraphs (1) and (2). This penalty of five hundred dollars ($500).
This penalty shall be imposed in addition to any other civil or
criminal penalties imposed by the local jurisdiction.
(c) If an owner of a cat or dog provides a letter from a
California licensed veterinarian indicating that due to age, poor
health, or illness, it is unsafe to spay or neuter the cat or dog and
that arrangements have been made to spay or neuter the cat or
dog within 75 days from the date the cat or dog reaches the age
of four months, and the owner has his or her cat or dog spayed
within that 75-day period, and the owner shall not be in violation
of this act.
(c) Any fines (d) Any civil penalty imposed under subdivision
(b) may be waived by the local jurisdiction if the person in violation
provides verification that his or her cat or dog has been spayed or
neutered.
(d)
(e) Any person who, on or after April 1, 2008, is in possession
of an intact permit or a document that qualifies as an intact permit,
as defined in subdivision (a) of Section 122336, shall be deemed
of any document issued by the local jurisdiction or its authorized
animal control agency that permits the owner to possess an
unaltered cat or dog shall be deemed in compliance with this act
until the permit the document expires, and in any event, not later
than January 1, 2009, shall be required to comply with subdivision
(a), unless that person qualifies for a new intact permit pursuant
to Article 3 (commencing with Section 122336.2). or January 1,
2009, which ever occurs first.
Article 3. Permits
122336.2. (a) A local jurisdiction shall issue an intact permit,
as defined in subdivision (a) of Section 122336, if any of the
following conditions is met:
(1) The owner demonstrates, by providing a copy of his or her
business license and federal and state tax number, or by other
means, as determined by the local entity authorized to issue
permits, that he or she is doing business and is licensed as a breeder
by the local jurisdiction or its authorized local animal control
agency. proof, as requested by the local jurisdiction or its
authorized animal control agency, that he or she is doing business
and is licensed as a breeder at a location for which the local
jurisdiction or its authorized animal control agency has issued a
breeder permit.
(2) The owner sufficiently demonstrates, as determined in the
discretion of the local entity authorized to issue intact permits, all
discretion of the local jurisdiction or its authorized animal control
agency, all of the following:
(A) His or her cat or dog is used to show or compete and has
competed in at least one legitimate show or sporting competition
within the last two years. , hosted by, or under the approval of, a
recognized purebred registry or association in existence since at
least October 1, 2007, within the last two years, or by whatever
proof is requested by the authorized local animal control agency
that the cat or dog is being trained to show or compete and is too
young to have yet competed.
(B) His or her cat or dog is a valid breed that is recognized by
an approved registry. an approved purebred registry or association
in existence since at least October 1, 2007.
(C) The cat or dog has earned, or if under two years old, is in
the process of earning, a conformation, obedience, agility, carting,
herding, protection, rally, sporting, working, or other title from an
approved purebred registry or association.
(3) The dog is appropriately trained and meets the definition of
(3) The owner provides proof to the local jurisdiction or its
authorized local animal control agency that the dog is being
trained or is documented as having been appropriately trained
and meets the definition of guide dog, service dog, or signal dog,
as set forth in subdivisions (d), (e), and (f) of Section 365.5 of the
Penal Code.
(4) The dog is owner provides proof to the local jurisdiction or
its authorized local animal control agency that the dog is being
trained, or is documented as having been appropriately trained,
and actively used by law enforcement agencies for law enforcement
andor rescue activities.
(5) The owner of a cat or dog provides a letter to the local
jurisdiction or its authorized local animal control agency from a
California licensed veterinarian stating that due to age, poor health,
or illness, it is unsafe to spay or neuter the cat or dog. This letter
shall include the veterinarian’s license number and shall, if this
information is available, include the date, shall be periodically
updated, and shall, if this information is available, include the
duration of the condition of the dog or cat, and the date by which
the dog or cat may be safely spayed or neutered.
(b) An unaltered cat or dog for which an intact permit was issued
who ceases to meet the requirements of subdivision (a) is subject
to the spay and neuter requirements set forth in Section 122336.1.
(c) (1) The amount of the fee for an intact permit shall be
determined by the local jurisdiction, and shall be no more than
what is reasonably necessary to fund the administration of that
jurisdiction’s intact permit program.
(2) If necessary, by May 15, 2008, a local jurisdiction may adopt
a permit differential fee for any dog or cat that is not spayed or
neutered, and for which there has been issued an intact permit, or
a document that qualifies as an intact permit under subdivision (a)
of Section 122336, prior to the enactment of this chapter.
(2) A local jurisdiction shall waive the fee for an unaltered cat
or dog that meets the requirements of paragraph (3) or (4) of
subdivision (a), and may waive all or part of the fee for an
unaltered cat or dog meeting the requirements of paragraph (5)
of subdivision (a).
(d) Nothing in this section shall prohibit a local jurisdiction
from adopting or enforcing a more restrictive spay or neuter
program pursuant to Section 122331, provided that the program
allows for a cat or dog to be temporarily or permanently exempted
from a spay or neuter requirement for the reasons set forth in
paragraph (4) of subdivision (a).paragraphs (3) to (5), inclusive,
of subdivision (a).
(e) Any owner of a cat or dog who is not a resident of California
and who brings a cat or dog into California from outside the state
shall be exempted from the permit requirements set forth in this
chapter if the owner provides proof, as determined by the local
jurisdiction or its authorized animal control agency, that he or
she moved from another state or country after April 1, 2008. For
purposes of this subdivision, proof may include, but need not be
limited to, a valid driver’s license from another state.
Article 4. Funding
122336.3. (a) To1) Any civil penalty collected pursuant to
subdivision (b) of Section 122336.1 shall be used for funding the
administration, outreach, and enforcement activities set forth in
Article 5 (commencing with Section 122336.4).
(2) To the extent that funding is available pursuant to this
chapter, a local animal control agency shall establish a free and
low-cost spay and neuter program for low-income individuals.
The agency shall undertake outreach efforts to inform qualified
persons about these programs.
(b) All civil penalties collected pursuant to paragraph (3) of
subdivision (b) of Section 122336.1 shall be used for funding the
enforcement activities set forth in Article 5 (commencing with
Section 122336.4).
(c)
(b) All permit fees collected pursuant to subdivision (c) of
Section 122336.2, shall be used for funding the administration of
the permit program in the local jurisdiction in which the permits
are issued.
Article 5. Enforcement
122336.4. A local animal control agency shall be responsible
for enforcing, conducting outreach efforts in connection with, and
and administering this chapter.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or 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, within the meaning of Section
17556 of the Government Code.
SEC. 4. This act shall become operative on April 1, 2008.