Breeders are exempt by obtaining a permit, which goes to local spay/neuter programs to offset their social impact.
The bill contains 20 common sense exceptions for guide dogs, show dogs, sporting dogs, law
enforcement dogs, search and rescue dogs, service dogs, signal dogs, purebred dogs, pets that areelderly, pets that are in poor health, pets that are ill, pets that are non-residents and pets that have won titles for conformation, obedience, agility, carting, protection, rally, working or herding competitions.
show breeders get exemptions
Did show entry fees of $25 per class, "end dogs shows as we know them"? Or 1-day parking of $25?
How about handler fees over $75 ...each time the dog steps in the ring? Stud fees over $750, or artificial inseminations for $1500?
NOPE! -Zero- effect on "dog shows as we know them!" So how is an exemption fee of
$20 per dog, which helps pay for low-cost spay and neuters, going to break the bank?
SERVICE, POLICE AND WORKING DOGSThere are groups which specialize in extracting 'pound' dogs and rehabbing them to do service, police and therapy. Do we need BREEDERS making money off government and nonprofit agencies for THAT??? While MOST dogs for those purposes come from sources outside California, breeders here are EXEMPT. The bill's provision was recently revised to expand the exemption, accomodating even more situations. Where's the beef?
the bill:
legislative counsel#%92s 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#%92s 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:
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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 Subject to subdivision (c), 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) (a) of
Section 122336.
(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). 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 or neutered
within that 75-day period, the owner shall not be in violation of
this act.
(d) Any civil penalty imposed under subdivision (b) may be
waived, in whole or in part, by the local jurisdiction if the person
in violation provides verification that his or her cat or dog has been
spayed or neutered.
(e) Any person who, on or after April 1, 2008, is in possession
of any document issued by the local jurisdiction or its authorized
local animal control agency that permits the owner to possess an
unaltered cat or dog shall be deemed in compliance with this act
until the document expires, or January 1, 2009, whichever occurs
first.
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Article 3. Permits
122336.2. (a) A local jurisdiction shall issue an intact permit,
as defined in subdivision (a) of Section 122336, if the owner
provides sufficient proof, as determined by the local jurisdiction
or its authorized local animal control agency, that any of the
following conditions are met:
(1) The owner demonstrates, by providing a copy of his or her
business license and federal and state tax number, or by other
proof, as required by the local jurisdiction or its authorized local
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 local animal control agency has issued a breeder
license.
BLUE SECTION HAVE BEEN STRIKEN FROM THE BILL (
2) The owner sufficiently demonstrates, as determined in the
discretion of the local jurisdiction or its authorized local animal
control agency, that his or her cat or dog is a valid breed that
(2) The owner#%92s cat or dog is a valid breed that is recognized
by an approved registry or association, and complies with at least
one 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
hosted by, or under the approval of, a recognized registry or
association within the last two years, or by whatever proof is
requested by the local jurisdiction or its 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) The cat or dog has earned, or if under two three 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.
BLUE SECTION HAVE BEEN STRIKEN FROM THE BILL(
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 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
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AB 1634 — 4 —used by law enforcement agencies for law enforcement or rescue
activities.
[color="#000000"](3)[color="#ff0000"] The owner is a legitimate breeder of working dogs, or is
supplying dogs for training as working dogs to law enforcement,
fire agencies, or legitimate professional or volunteer private sector
working dog organizations.
(4) The dog is being raised, groomed, socialized, or otherwise
prepared for duties as a legitimate working dog.
(5) The dog is being actively used by law enforcement, fire
agencies, or legitimate professional or volunteer private sector
working dog organizations for law enforcement, fire service, search
and rescue, or medical service activities.
(5)
(6) 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#%92s license number 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#%92s intact permit program.
(2) A local jurisdiction shall waive the intact permit fee for an
unaltered cat or dog that meets the requirements of paragraph (3)
or (4) unaltered cat or dog that meets 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 unaltered cat or dog meeting the
requirements of paragraph (5) (6) of subdivision (a).
(3) Any fee assessed by a local jurisdiction pursuant to this
chapter shall not be duplicative of any other local fee in that
jurisdiction.
(d) Nothing in this section shall prohibit a local jurisdiction
from adopting or enforcing a more restrictive spay or neuter
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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
paragraphs (3) to (5) (6), inclusive, of subdivision (a), or the
provisions of subdivision (f).
[color="#ff0000"](e) Any owner of a cat or dog who is not a resident of California
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 local animal control agency, that the
cat or dog is temporarily in California for training, showing, or
any other legitimate reason, as determined by the local jurisdiction.
(f) (1) Any individual or organization breeding animals for
services provided by guide dogs, signal dogs, or service dogs, as
defined in subparagraph (C) of paragraph (6) of subdivision (b)
of Section 54.1 of the Civil Code, shall be presumptively entitled
to an intact permit issued pursuant to this chapter.
(2) Any animal possessed by any individual with a disability
protected by the federal Americans with Disabilities Act shall be
exempt from the provisions of this chapter if the animal is providing
guide dog, service dog, or signal dog services, as defined in
subparagraph (C) of paragraph (6) of subdivision (b) of Section
54.1 of the Civil Code.
(3) Guide dog, signal dog, and service dog programs licensed
by the State of California are exempt from all of the provisions of
this chapter.
Article 4. Funding
122336.3. (a) (1) 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 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
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.
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