Bill Text: CA AB2000 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Rabies: vaccinations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-08-27 - Joint Rules 61(b)(15) and 62(a) suspended. (Ayes 27. Noes 7. Page 4959.) Senate Rule 29.3(b) suspended. (Ayes 21. Noes 11. Page 4960.) [AB2000 Detail]

Download: California-2009-AB2000-Amended.html

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BILL NUMBER: AB 2000	AMENDED
	BILL TEXT

	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 requires every dog owner, after his or her dog
attains the age of four months, to, at intervals of time not more
often than once a year, as may be prescribed by the State Department
of Public Health, procure its vaccination by a licensed veterinarian
with a canine antirabies vaccine approved by, and in a manner
prescribed by, the department.  
   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 that a licensed veterinarian determines, on an annual basis,
 may have a potentially lethal reaction to the vaccination
  is currently immune compromised or has a documented
medical record of a preexisting condition  .
   Existing law authorizes a city, city and county, or county to
provide, by ordinance, for the issuance of a dog  license for
a period not to exceed three years for dogs   license
for a dog  that  have   has  attained
the age of  12 months or older   4 months or
older  and  have   has  been
vaccinated against rabies. The  person to whom the license is
issued may choose a license period as established by the governing
body of up to one, 2, or 3 years, except that 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 increasing the duties of local
officials, 
    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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   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)  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 
may have a potentially lethal reaction to the canine antirabies
vaccine.   is currently immune compromised or has a
documented medical record of a preexisting condition, including, but
not limited to, an immune mediated disease, or a serious adverse
reaction to a prior canine antirabies vaccine.  
    (1) A request for an exemption from the requirements of this
subdivision shall be from the veterinarian on an approved form
developed by the department, and 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, who
may issue an exemption from the canine antirabies vaccine.  

   (2) A dog exempt from the canine antirabies vaccination shall be
kept quarantined as directed by the local health officer, until the
dog's medical condition has resolved and the administration of the
canine antirabies vaccine occurs.  
   (3) The responsible city, city and county, or county shall report
exemptions issued pursuant to this subdivision to the department.

   (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)   It shall be the duty of the   The 
governing body of each city, city and county, or county  to
  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)   It shall be the responsibility of each 
 Each  city, county, or city and county  to
  shall  provide dog vaccination clinics, or
 to  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,
 in the event that   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.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   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.