Sorry ... I know this is long, but I thought you might want to read the exact bill...
UPDATES FROM THE ANIMAL COUNCIL
June 6, 2007
(Last publication date5/30/07
Appropriate forwarding encouraged.)
Preserving Our Right ToOwn And Breed Animals Is Your Responsibility
IN THIS ISSUE:
* CA AB1634 (LEVINE/NAVA/PADILLA/SOLARIO) PASSES ASSEMBLY 41-38
* CA AB 1634MAY 31 AMENDED TEXT
THE ANIMAL COUNCIL'S web site athttp://www.theanimalcouncil.com is
updated frequently supplementingadvocacy information through these
Updates with new and expandedfeatures. 2007 California bill
information for each bill we trackwith links to key documents,
contact information for legislators andmore:
http://www.theanimalcouncil.com/CA20...YNOTED
SB 969 authored by Senator Sam Aanestad (R-3) of Grass Valleyand
sponsored by the California Veterinary Medical Association wasamended again on May 30 to only allow until January 1, 2012, aRegistered Veterinary Technician or unregistered assistant toadminister drugs, including controlled substances but not anesthesia,under either direct or indirect supervision of a licensedveterinarian when done pursuant to the order, control, and fullprofessional responsibility of a licensed veterinarian. The originalbill would have relaxed the licensing standards for out-of-stateveterinarians but these provisions were opposed by the CaliforniaVeterinary Medical Board. SB 969 passed the Senate on consent andmoves on to the Assembly.
*****
CA AB 1634 (LEVINE, NAVA; SEN.PADILLA), the "California Healthy Pets
Act" passed the Assembly Floorwith the bare minimum 41 affirmative
votes and 38 noes after the callwas lifted tonight at 10:15 p.m.
following a morning vote of only 37ayes and 34 noes. Author Levine
had promised objecting Democratsadditional amendments in the Senate
this morning and continuedlobbying efforts throughout the day to
secure the additional 4 votesneeded for passage. There is still no
indication of provision forfuture review or sunset, standards of
local accountability or dueprocess provision for appeal of local
agency denial of intactpermits.
AB 1634 will move on to the Senate and then to the SenateRules
Committee for assignment to a policy committee.
AB 1634 waslast amended on May 31 in the Assembly to read currently:
THE PEOPLEOF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This actshall be known and may be cited as the
California Healthy Pets Act.SEC. 2. Chapter 9 (commencing with Section 122336) is added to
Part 6of Division 105 of the Health and Safety Code, to read:
CHAPTER 9.SPAY AND NEUTER PROGRAM FOR CATS AND DOGS
Article 1. Definitions122336. For purposes of this chapter, the following definitions
shallapply:
(a) "Intact permit" means a document issued annually by a local
jurisdiction or its local animal control agency if authorized toissue these permits, that authorizes a person to own or possesswithin that locality an unaltered cat or dog and meets therequirements of subdivision (a) of Section 122336.2. A dog or catlicense that meets the requirements of subdivision (a) of Section122336.2 shall be considered a permit for purposes of this chapter.(b) "Local animal control agency" means the municipal or countyanimal control agency or other entity responsible for enforcinganimal-related laws.
(c) "Local jurisdiction" means any city, county,or city and
county.
(d) "Spay or neuter" means any procedure, asperformed by a duly
licensed veterinarian, that permanentlysterilizes an animal and
makes it incapable of reproduction.
Article2. General Provisions
122336.1. (a) Subject to subdivision (c), aperson shall not own
or possess within the state any cat or dog overthe age of four
months that has not been spayed or neutered, unlessthat person
possesses an intact permit, as defined in subdivision (a)of Section
122336.
(b) Subject to subdivision (c), any person whoviolates
subdivision (a) shall, for each animal for which a violationhas
occurred, be subject to a civil penalty of five hundred dollars($500). This penalty shall be imposed in addition to any other civilor criminal penalties imposed by the local jurisdiction.
(c) If anowner of a cat or dog provides a letter from a
California licensedveterinarian indicating that due to age, poor
health, or illness, itis unsafe to spay or neuter the cat or dog and
that arrangements havebeen made to spay or neuter the cat or dog
within 75 days from thedate the cat or dog reaches the age of four
months, and the owner hashis or her cat or dog spayed or neutered
within that 75 day period,the owner shall not be in violation of
this act.
(d) Any civilpenalty imposed under subdivision (b) may be
waived, in whole or inpart, by the local jurisdiction if the person
in violation providesverification that his or her cat or dog has
been spayed or neutered.(e) Any person who is in possession of any document issued by thelocal jurisdiction or its authorized local animal control agency thatpermits the owner to possess an unaltered cat or dog shall be deemedin compliance with this act until the document expires or January 1,2009, whichever occurs first.
Article 3. Permits
122336.2. (a) Alocal jurisdiction shall issue an intact permit,
as defined insubdivision (a) of Section 122336, if the owner
provides sufficientproof, as determined by the local jurisdiction or
its authorizedlocal animal control agency, that any of the
following conditions aremet:
(1) The owner demonstrates, by providing a copy of his or herbusiness license and federal and state tax number, or by other proof,as required by the local jurisdiction or its authorized local animalcontrol agency, that he or she is doing business and is licensed as abreeder at a location for which the local jurisdiction or itsauthorized local animal control agency has issued a breeder license.(2) The owner's cat or dog is a valid breed that is recognized
by anapproved registry or association, and complies with at least
one ofthe following:
(A) His or her cat or dog is used to show or competeand has
competed in at least one legitimate show or sportingcompetition
hosted by, or under the approval of, a recognizedregistry or
association within the last two years, or by whateverproof is
requested by the local jurisdiction or its authorized localanimal
control agency that the cat or dog is being trained to show or
compete and is too young to have yet competed.
(B) The cat or dog hasearned, or if under three years old, is in
the process of earning, aconformation, obedience, agility, carting,
herding, protection,rally, sporting, working, or other title from an
approved purebredregistry or association.
(3) The owner is a legitimate breeder ofworking dogs, or is
supplying dogs for training as working dogs tolaw enforcement, fire
agencies, or legitimate professional orvolunteer private sector
working dog organizations.
(4) The dog isbeing raised, groomed, socialized, or otherwise
prepared for dutiesas a legitimate working dog.
(5) The dog is being actively used bylaw enforcement, fire
agencies, or legitimate professional orvolunteer private sector
working dog organizations for lawenforcement, fire service, search
and rescue, or medical serviceactivities.
(6) The owner of a cat or dog provides a letter to thelocal
jurisdiction or its authorized local animal control agency froma
California licensed veterinarian stating that due to age, poorhealth, or illness, it is unsafe to spay or neuter the cat or dog.This letter shall include the veterinarian's license number andshall, if this information is available, include the duration of thecondition of the dog or cat, and the date by which the dog or cat maybe safely spayed or neutered.
(b) An unaltered cat or dog for which anintact permit was issued
who ceases to meet the requirements ofsubdivision (a) is subject to
the spay and neuter requirements setforth in Section 122336.1.
(c) (1) The amount of the fee for an intactpermit shall be
determined by the local jurisdiction, and shall be nomore than what
is reasonably necessary to fund the administration ofthat
jurisdiction's intact permit program.
(2) A local jurisdictionshall waive the intact permit fee for an
unaltered cat or dog thatmeets any of the requirements described in
paragraphs (3) to (5),inclusive, of subdivision (a), and the
provisions of subdivision (f)and may waive all or part of the intact
permit fee for an unalteredcat or dog meeting the requirements of
paragraph (6) of subdivision(a).
(3) Any fee assessed by a local jurisdiction pursuant to thischapter shall not be duplicative of any other local fee in thatjurisdiction.
(d) Nothing in this section shall prohibit a localjurisdiction
from adopting or enforcing a more restrictive spay orneuter program
pursuant to Section 122331, provided that the programallows for a
cat or dog to be temporarily or permanently exemptedfrom a spay or
neuter requirement for the reasons set forth inparagraphs (3) to
(6), inclusive, of subdivision (a), or theprovisions of subdivision
(f).
(e) Any owner of a cat or dog who isnot a resident of California
shall be exempted from the permitrequirements set forth in this
chapter if the owner provides proof,as determined by the local
jurisdiction or its authorized localanimal control agency, that the
cat or dog is temporarily inCalifornia for training, showing, or any
other legitimate reason