Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 62 of 3307/5/2010handler is away from his or her home jurisdiction because of an official mutual aid request or training. Existing law provides the peace officer's law enforcement agency or the firefighter'sfire agency is liable for any damages to the premises or facilities caused by the peace officer's or firefighter's dog. The bill would require the handler would be liable for any damages to thepremises or facilities caused by the search and rescue dog.AB2411 - An act to amend Sections 100, 700.01, 739, and 1063 of, to add Section 119.7 to, and to add Part 9 (commencing with Section 12880) to Division 2 of, the Insurance Code, relating toinsurance. Existing law provides for the regulation of various types of insurance by the Department of Insurance. This bill would provide for the regulation of pet insurance, as defined. Thebill would prohibit a pet insurer from excluding coverage on the basis of a preexisting condition provision for a period beyond 6 months following the insured's effective date of coverage andwould specify that a preexisting condition provision may only relate to conditions for which medical advice, diagnosis, care, or treatment, including, but not limited to, use of prescriptiondrugs, was recommended or received from a veterinarian during the 6 months immediately preceding the effective date of coverage. The bill would authorize a pet insurer that does not utilizea preexisting condition provision to impose a waiting or affiliation period of no more than 30 days. The bill would require a pet insurer to provide specified reimbursement for coveredveterinary expenses incurred by an insured and would also require a pet insurer to make a reasonable disclosure, as part of its solicitation and sales materials, of certain terms and conditionscontained in its pet insurance policies, as specified. The bill would enact other related conforming provisions.AB2612 - An act to amend Sections 19204, 19220, and 19312 of the Food and Agricultural Code, relating to animals. Existing law requires a person engaged in the business of operating acollection center to obtain a license from the Department of Food and Agriculture for each collection center operated. "Collection center" is defined to mean a receiving area for the temporarystorage of animal carcasses, packinghouse waste, or other products before transportation to a licensed rendering plant. Existing law makes a violation of these provisions a crime. This bill,instead, would define "collection center" to mean a receiving area for the temporary storage of animal carcasses, packinghouse waste, or other products before transportation to a licensedrendering plant or pet food processor. Because this bill would change the definition of an existing crime, it would impose a state-mandated local program. Existing law requires personsengaged in certain businesses, including, among others, rendering, pet food processing, and operating a collection center, to obtain a license from the department. Existing law provides thatthose licenses are valid for a year from the date of issuance. This bill, instead, would provide that those licenses shall expire on December 31 of each year.Existing law requires any person orentity who engages in the transportation of inedible kitchen grease, as defined, to be registered with the department. An applicant for registration as a transporter of inedible kitchen grease isrequired to include a registration fee of $100, except for any renderer who registers. This bill would also exempt a collection center that registers from this registration fee. The CaliforniaConstitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making thatreimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.AB2689 - An act relating to public health. Existing law requires, in areas designated as rabies areas, that a city, county, or city and county, provide or arrange for dog vaccination clinics andfor the issuance of a dog license for a dog that has been vaccinated against rabies. This bill would declare the intent of the Legislature to enact legislation that would allow licensing agenciesthe ability to verify rabies vaccinations using modern communication and technology, including, but not limited to, computer systems, facsimile, and e-mail.AB2716 - An act to amend Sections 30525 and 30804.5 of the Food and Agricultural Code, and to amend Section 38792 of the Government Code, relating to dogs. As introduced, Puppies: reduced licensingfee. Existing law authorizes counties to issue dog licenses and dog license tags for a fee, as specified. Existing law provides that whenever dog license tags are issued, the tag shall be issued for 1/2 or less ofthe fee required for a dog, if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered. This bill would provide, in addition, for a reduced fee for a dog license tag, asspecified above, if a certificate is presented from a licensed veterinarian stating that the dog is a puppy under the age of 8 months. The bill would make conforming changes to a related provision. By expandingthe population of dogs eligible for a reduced license fee, the bill would impose a state-mandated local program on local government which would administer the expanded program.SB1138 - An act to add Article 1.5 (commencing with Section 19218) to Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code, relating to slaughtered animalsSB1185 - An act to amend Section 17072 of, and to add Section 17239 to, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. This bill would allow adeduction, in computing adjusted gross income, for the costs, not to exceed $250, paid or incurred during the taxable year for food and supplies purchased for an animal adopted during thetaxable year from a qualified animal rescue organization, as defined.SB1190 - An act to amend Section 12002 of the Penal Code, relating to animal control officers. Existing law, animal control officers are not peace officers but may exercise the powers ofarrest and the power to serve warrants if the officers have completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training. Underexisting law an animal control officer may carry a wooden club or baton if the officer has completed a course certified by the Department of Consumer Affairs in the carrying or use of the clubor baton. This bill would remove the requirement that animal control officers complete training certified by the Department of Consumer Affairs in order to be permitted to carry a club orbaton and would instead require the officers to complete training approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton in order tocarry a club or baton.SB1277 - An act to add Sections 600.6, 600.7, and 600.8 to the Penal Code, relating to animal abuse, making an appropriation therefor, and declaring the urgency thereof, to take effectimmediately. This bill would require any person, over 18 years of age, convicted of felony animal abuse, as defined, to register with the appropriate law enforcement agency, as provided. Thebill would require that the registration consist of a signed written statement of specified information, including, but not limited to, legal name and aliases, date of birth, address or currentlocation, name and address of employer, and specific felony animal abuse conviction. The registration would also consist of a photograph of the person, a complete set of fingerprints, and adescription of any tattoos, scars, or other distinguishing features on the person's body that would assist in identifying the person. The bill would require that, within 3 days after theregistration, the registering law enforcement agency electronically forward the statement, fingerprints, and photograph of the registrant to the Department of Justice. Because the bill wouldrequire local law enforcement agencies to provide this new service, it would impose a state-mandated local program.The bill would require that any person required to register who violatesany provision would be guilty of a misdemeanor, and if the person willfully fails to register, he or she would be guilty of a misdemeanor punishable by not less than 90 days and not more thanone year in a county jail. A person could be eligible to be relieved of the duty to register, only as specifiedSB1417 - An act to amend Sections 10402, 10405, 14501, and 14502 of the Corporations Code, relating to corporations. Existing law authorizes corporations for the prevention of cruelty tochildren or animals, or both, to be formed under the Nonprofit Public Benefit Corporation Law and requires the articles of incorporation for those corporations to be endorsed, as evidence ofnecessity, by the Department of Justice or by a judge of the superior court of the county in which the society's principal office is located, as specified. This bill would require these societies toprovide a copy of the application for endorsement to each law enforcement agency and animal control agency having jurisdiction in the county in which the society proposes to operate. Thebill would also require a judge to request and consider advice from each of these agencies prior to granting the endorsement. Existing law requires magistrates, sheriffs, and officers of policeto aid these societies in enforcing laws relating to children or animals and requires a city or county, or city and county, to pay up to $500 per month to a society actively engaged in enforcingstate laws for the prevention of cruelty to animals or children. This bill would instead authorize local governments to enter into contracts with these societies for the enforcement of theselaws. The bill would also provide that a magistrate, sheriff, and an officer of police shall not be held civilly or criminally liable for any action within the scope of his or her employment taken inreliance upon information provided by the society, its officers, members, or agents.SB1473 - An act to amend Section 60042 of the Education Code, relating to instructional material. Existing law provides that when adopting instructional materials for use in the schools,governing boards shall require such materials as they deem necessary and proper to encourage thrift, fire prevention, and the humane treatment of animals and people. This bill would maketechnical, nonsubstantive changes in that provision.SB1777 - An act to add Sections 600.6, 600.7, and 600.8 to the Penal Code, relating to animal abuse, making an appropriation therefor, and declaring the urgency thereof, to take effectimmediately. Would require any person, over 18 years of age, convicted of felony animal abuse, as defined, to register with the appropriate law enforcement agency, as provided. The billwould require that the registration consist of a signed written statement of specified information, including, but not limited to, legal name and aliases, date of birth, address or currentlocation, name and address of employer, and specific felony animal abuse conviction. The registration would also consist of a photograph of the person, a complete set of fingerprints, and adescription of any tattoos, scars, or other distinguishing features on the person's body that would assist in identifying the person. The bill would require that, within 3 days after theregistration, the registering law enforcement agency electronically forward the statement, fingerprints, and photograph of the registrant to the Department of Justice. Because the bill wouldrequire local law enforcement agencies to provide this new service, it would impose a state-mandated local program. Bill would require that any person required to register who violates anyprovision would be guilty of a misdemeanor, and if the person willfully fails to register, he or she would be guilty of a misdemeanor punishable by not less than 90 days and not more than oneyear in a county jail. A person could be eligible to be relieved of the duty to register, only as specified.ACR118 - Spay Day USA 2010 - This measure would declare February 23, 2010, to be Spay Day USA 2010 in California, and would request that Californians observe that day by having theirdogs and cats spayed or neutered and by providing voluntary services or other support to organizations that provide spay and neuter services.