BILL NUMBER: AB 2000 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 2, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Hagman
FEBRUARY 17, 2010
An act to amend Section 121690 of the Health and Safety Code,
relating to rabies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2000, as amended, Hagman. Rabies: vaccinations.
Existing law imposes various requirements upon dog owners in
rabies areas designated by the State Public Health Officer. Any
person who violates these requirements is guilty of an infraction,
punishable by a fine not exceeding $1,000. Violation of these
requirements also results in impounding of the dog by the local
jurisdiction. Among the requirements imposed under existing law, is
that a dog 4 months of age or older must be vaccinated for rabies, as
specified.
This bill would exempt from the vaccination requirement
the owner of a dog , whose life would be endangered
due to disease or other considerations if the dog received the
vaccine, as determined by that a licensed
veterinarian determines, on an annual basis
, is currently immune compromised or has a documented
medical record of a preexisting condition that may affect the dog's
ability to develop antirabies antibodies . The bill
would also prohibit a dog that is exempt from the vaccination
requirement to be off the premises of the owner, keeper, or harborer
or to have contact with an unvaccinated cat or dog and would require,
if the dog is off the premises of the owner, keeper, or harborer, to
be on a leash not to exceed 6 feet in length and to be under the
direct phys ical control of an adult .
Existing law authorizes a city, city and county, or county to
provide, by ordinance, for the issuance of a license for a dog that
has attained the age of 4 months or older and has been vaccinated
against rabies. The license period shall not extend beyond the
remaining period of validity for the current rabies vaccination.
This bill would prohibit, in the event that a dog is exempted from
the vaccination requirement, the license period from extending
beyond one year.
By imposing a higher level of service upon local agencies and by
changing the definition of a crime, this bill would impose a
state-mandated local program.
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. Section 121690 of the Health and Safety Code is amended
to read:
121690. In rabies areas, all of the following shall apply:
(a) Every dog owner, after his or her dog attains the age of four
months, shall no less than once every two years secure a license for
the dog as provided by ordinance of the responsible city, city and
county, or county. License fees shall be fixed by the responsible
city, city and county, or county, at an amount not to exceed
limitations otherwise prescribed by state law or city, city and
county, or county charter.
(b) (1) Every dog owner, after his or her
dog attains the age of four months, shall, at intervals of time not
more often than once a year, as may be prescribed by the department,
procure its vaccination by a licensed veterinarian with a canine
antirabies vaccine approved by, and in a manner prescribed by, the
department, unless a licensed veterinarian determines, on an annual
basis, that the dog is currently immune compromised or has a
documented medical record of a preexisting condition that may affect
the dog's ability to develop antirabies antibodies, including, but
not limited to, an immune mediated disease, or a serious adverse
reaction to a prior canine antirabies vaccine. a
rabies vaccination would endanger the dog's life due to disease or
other considerations.
(1)
(2) A request for an exemption from the requirements of
this subdivision shall be from signed by
the veterinarian on an approved form developed by the
department stating the inadvisability of the vaccination ,
and shall include a signed statement by the dog owner
affirming that the owner understands the consequences and accepts all
liability associated with owning a dog that has not received the
canine antirabies vaccine. The request shall be submitted to the
responsible city, city and county, or county
local health officer , who may issue an exemption from the
canine antirabies vaccine.
(2) The responsible city, city and county, or county
(3) The local health officer
shall report exemptions issued pursuant to this subdivision to the
department.
(4) A dog that is exempt from the vaccination requirements of this
section shall be considered unvaccinated.
(5) A dog that is exempt from the vaccination requirements of this
section shall, at the discretion of the local public health officer
or the officer's designee, be confined to the premises of the owner,
keeper, or harborer and, when off the premises, shall be on a leash
the length of which shall not exceed six feet and shall be under the
direct physical control of an adult. A dog that is exempt from the
provisions of this section shall not have contact with a dog or cat
that is not currently vaccinated against rabies.
(c) All dogs under four months of age shall be confined to the
premises of, or kept under physical restraint by, the owner, keeper,
or harborer. Nothing in this chapter and Section 120435 shall be
construed to prevent the sale or transportation of a puppy four
months old or younger.
(d) Any dog in violation of this chapter and any additional
provisions that may be prescribed by any local governing body shall
be impounded, as provided by local ordinance.
(e) The governing body of each city, city and county, or county
shall maintain or provide for the maintenance of a pound system and a
rabies control program for the purpose of carrying out and enforcing
this section.
(f) Each city, county, or city and county shall provide dog
vaccination clinics, or arrange for dog vaccination at clinics
operated by veterinary groups or associations, held at strategic
locations throughout each city, city and county, or county. The
vaccination and licensing procedures may be combined as a single
operation in the clinics. No charge in excess of the actual cost
shall be made for any one vaccination at a clinic. No owner of a dog
shall be required to have his or her dog vaccinated at a public
clinic if the owner elects to have the dog vaccinated by a licensed
veterinarian of the owner's choice.
All public clinics shall be required to operate under antiseptic
immunization conditions comparable to those used in the vaccination
of human beings.
(g) In addition to the authority provided in subdivision (a), the
ordinance of the responsible city, city and county, or county may
provide for the issuance of a license for a period not to exceed
three years for dogs that have attained the age of 12 months or older
and have been either vaccinated against rabies or exempted from the
vaccination requirement pursuant to subdivision (b). The person to
whom the license is issued pursuant to this subdivision may choose a
license period as established by the governing body of up to one,
two, or three years. However, when issuing a license pursuant to this
subdivision, the license period shall not extend beyond the
remaining period of validity for the current rabies vaccination and,
if a dog is exempted from the vaccination requirement pursuant to
subdivision (b), the license period shall not extend beyond one year.
A dog owner who complies with this subdivision shall be deemed to
have complied with the requirements of subdivision (a).
(h) All information obtained from a dog owner by compliance with
this chapter is confidential to the dog owner and proprietary to the
veterinarian. This information shall not be used, distributed, or
released for any purpose, except to ensure compliance with existing
federal, state, county, or city laws or regulations.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 or because costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
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