Bill Text: CA AB1809 | 2013-2014 | Regular Session | Chaptered
Bill Title: Dogs: health certificates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 498, Statutes of 2014. [AB1809 Detail]
Download: California-2013-AB1809-Chaptered.html
BILL NUMBER: AB 1809 CHAPTERED
BILL TEXT
CHAPTER 498
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2014
APPROVED BY GOVERNOR SEPTEMBER 20, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN SENATE AUGUST 5, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 9, 2014
AMENDED IN ASSEMBLY APRIL 23, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 18, 2014
An act to add Chapter 1.5 (commencing with Section 121720) to Part
6 of Division 105 of the Health and Safety Code, relating to
veterinary public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1809, Maienschein. Dogs: health certificates.
Existing law imposes specified requirements on animal owners in
order to prevent or control the transmission of zoonotic diseases,
such as rabies, and communicable diseases among animals. Existing law
also provides for the licensing and registration of dogs, as
specified.
This bill would require a person seeking to bring a dog into this
state, or importing dogs into this state for the purpose of resale or
change of ownership, to obtain a health certificate with respect to
that dog that has been completed by a licensed veterinarian and is
dated within 10 days prior to the date on which the dog is brought
into the state. The bill would require the person to submit the
health certificate to the county health department, as specified. The
bill would exempt from these requirements a person who brings a dog
into the state that will not be offered for resale or if the
ownership of the dog is not expected to change. The bill also would
exempt from these requirements the import of a dog used for law
enforcement or military work, a guide dog, as defined, or a dog
imported as a result of a declared emergency or an investigation by
law enforcement of an alleged violation of state or federal animal
fighting or animal cruelty laws. The bill would authorize the agency
receiving the health certificate to use the information on the health
certificate as it deems appropriate, and to charge a fee in a
reasonable amount sufficient to cover the costs associated with
receiving and processing a health certificate submitted to the county
health department pursuant to these provisions. By imposing a higher
level of service on county health agencies, the bill would impose a
state-mandated local program.
This bill would make a violation of its provisions an infraction
punishable by a fine not to exceed $250 for each dog for which a
violation has occurred, or, in lieu of punishment as an infraction,
would authorize animal control personnel to issue an administrative
fine for the same amount or a correction warning, subject to
specified exceptions. By creating a new crime, the 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 specified reasons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.5 (commencing with Section 121720) is added
to Part 6 of Division 105 of the Health and Safety Code, to read:
CHAPTER 1.5. DOG IMPORTATION: HEALTH CERTIFICATES
121720. (a) (1) A person seeking to bring a dog into this state
or importing dogs into this state for the purpose of resale or change
of ownership shall obtain a health certificate with respect to that
dog that has been completed by a licensed veterinarian and is dated
within 10 days prior to the date on which the dog is brought into the
state.
(2) The person seeking to bring the dog into this state or
importing dogs into this state for the purpose of resale or change of
ownership shall submit the health certificate to the county health
department as provided in subdivision (c). The person shall submit
the health certificate to the county health department by any method
accepted by the receiving agency, including, but not limited to,
electronic transmission and facsimile.
(b) Completion of a United States Department of Agriculture Animal
and Plant Health Inspection Service Form 7001, known as the United
States Interstate and International Certificate of Health Examination
for Small Animals, shall satisfy the requirement of subdivision (a).
A different form of canine health certificate acceptable to the
receiving agency shall also satisfy the requirement of subdivision
(a).
(c) It shall be the responsibility of persons importing dogs into
this state for the purpose of resale or change of ownership to send
the health certificate to the county health department where the dog
is to be offered for sale or to the county of residence of the
individual purchasing or receiving a dog directly from a source
outside of California.
(d) The receiving agency may use the information on the health
certificate as it deems appropriate.
121721. (a) This chapter does not apply to a person who brings a
dog into the state that will not be offered for resale or if the
ownership of the dog is not expected to change.
(b) This chapter does not apply to the import of a dog used for
law enforcement or military work, a guide dog, as defined by
subdivision (d) of Section 365.5 of the Penal Code, or a dog imported
as a result of a declared emergency as described by Section 8558 of
the Government Code or an investigation by law enforcement of an
alleged violation of state or federal animal fighting or animal
cruelty laws.
121722. The agency that receives a form pursuant to Section
121720 may charge a fee in a reasonable amount sufficient to cover
the costs associated with receiving and processing a health
certificate submitted to the agency pursuant to this chapter.
121723. (a) A person who violates a provision of this chapter is
guilty of an infraction, punishable by a fine not to exceed two
hundred fifty dollars ($250) for each dog for which a violation has
occurred.
(b) In lieu of punishment pursuant to subdivision (a), authorized
enforcement personnel may issue an administrative fine in the same
amount specified in subdivision (a) or a correction warning to a
person who violates a provision of this chapter, unless the violation
endangers the health or safety of the animal, the animal has been
wounded as a result of the violation, or an administrative fine or a
correction warning has previously been issued to the individual. The
administrative fine or correction warning shall require the person to
correct the violation.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because of
both of the following:
(a) 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.
(b) 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.
