<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 62 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>handler is away from his or her home jurisdiction because <strong>of</strong> an <strong>of</strong>ficial mutual aid request or training. Existing law provides the peace <strong>of</strong>ficer's law enforcement agency or the firefighter'sfire agency is liable for any damages to the premises or facilities caused by the peace <strong>of</strong>ficer's or firefighter's dog. <strong>The</strong> 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 <strong>of</strong>, to add Section 119.7 to, and to add Part 9 (commencing with Section 12880) to Division 2 <strong>of</strong>, the Insurance Code, relating toinsurance. Existing law provides for the regulation <strong>of</strong> various types <strong>of</strong> insurance by the Department <strong>of</strong> Insurance. This bill would provide for the regulation <strong>of</strong> pet insurance, as defined. <strong>The</strong>bill would prohibit a pet insurer from excluding coverage on the basis <strong>of</strong> a preexisting condition provision for a period beyond 6 months following the insured's effective date <strong>of</strong> 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 <strong>of</strong> prescriptiondrugs, was recommended or received from a veterinarian during the 6 months immediately preceding the effective date <strong>of</strong> coverage. <strong>The</strong> bill would authorize a pet insurer that does not utilizea preexisting condition provision to impose a waiting or affiliation period <strong>of</strong> no more than 30 days. <strong>The</strong> 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 <strong>of</strong> its solicitation and sales materials, <strong>of</strong> certain terms and conditionscontained in its pet insurance policies, as specified. <strong>The</strong> bill would enact other related conforming provisions.AB2612 - An act to amend Sections 19204, 19220, and 19312 <strong>of</strong> the Food and Agricultural Code, relating to animals. Existing law requires a person engaged in the business <strong>of</strong> operating acollection center to obtain a license from the Department <strong>of</strong> Food and Agriculture for each collection center operated. "Collection center" is defined to mean a receiving area for the temporarystorage <strong>of</strong> animal carcasses, packinghouse waste, or other products before transportation to a licensed rendering plant. Existing law makes a violation <strong>of</strong> these provisions a crime. This bill,instead, would define "collection center" to mean a receiving area for the temporary storage <strong>of</strong> animal carcasses, packinghouse waste, or other products before transportation to a licensedrendering plant or pet food processor. Because this bill would change the definition <strong>of</strong> 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 <strong>of</strong> issuance. This bill, instead, would provide that those licenses shall expire on December 31 <strong>of</strong> each year.Existing law requires any person orentity who engages in the transportation <strong>of</strong> inedible kitchen grease, as defined, to be registered with the department. An applicant for registration as a transporter <strong>of</strong> inedible kitchen grease isrequired to include a registration fee <strong>of</strong> $100, except for any renderer who registers. This bill would also exempt a collection center that registers from this registration fee. <strong>The</strong> 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 <strong>of</strong> a dog license for a dog that has been vaccinated against rabies. This bill would declare the intent <strong>of</strong> 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 <strong>of</strong> the Food and Agricultural Code, and to amend Section 38792 <strong>of</strong> 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 <strong>of</strong>the 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 <strong>of</strong> 8 months. <strong>The</strong> bill would make conforming changes to a related provision. By expandingthe population <strong>of</strong> 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 <strong>of</strong> Part 3 <strong>of</strong> Division 9 <strong>of</strong> the Food and Agricultural Code, relating to slaughtered animalsSB1185 - An act to amend Section 17072 <strong>of</strong>, 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 <strong>of</strong> the Penal Code, relating to animal control <strong>of</strong>ficers. Existing law, animal control <strong>of</strong>ficers are not peace <strong>of</strong>ficers but may exercise the powers <strong>of</strong>arrest and the power to serve warrants if the <strong>of</strong>ficers have completed an introductory course <strong>of</strong> training prescribed by the Commission on Peace Officer Standards and Training. Underexisting law an animal control <strong>of</strong>ficer may carry a wooden club or baton if the <strong>of</strong>ficer has completed a course certified by the Department <strong>of</strong> Consumer Affairs in the carrying or use <strong>of</strong> the clubor baton. This bill would remove the requirement that animal control <strong>of</strong>ficers complete training certified by the Department <strong>of</strong> Consumer Affairs in order to be permitted to carry a club orbaton and would instead require the <strong>of</strong>ficers to complete training approved by the Commission on Peace Officer Standards and Training in the carrying and use <strong>of</strong> 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 there<strong>of</strong>, to take effectimmediately. This bill would require any person, over 18 years <strong>of</strong> age, convicted <strong>of</strong> felony animal abuse, as defined, to register with the appropriate law enforcement agency, as provided. <strong>The</strong>bill would require that the registration consist <strong>of</strong> a signed written statement <strong>of</strong> specified information, including, but not limited to, legal name and aliases, date <strong>of</strong> birth, address or currentlocation, name and address <strong>of</strong> employer, and specific felony animal abuse conviction. <strong>The</strong> registration would also consist <strong>of</strong> a photograph <strong>of</strong> the person, a complete set <strong>of</strong> fingerprints, and adescription <strong>of</strong> any tattoos, scars, or other distinguishing features on the person's body that would assist in identifying the person. <strong>The</strong> bill would require that, within 3 days after theregistration, the registering law enforcement agency electronically forward the statement, fingerprints, and photograph <strong>of</strong> the registrant to the Department <strong>of</strong> Justice. Because the bill wouldrequire local law enforcement agencies to provide this new service, it would impose a state-mandated local program.<strong>The</strong> bill would require that any person required to register who violatesany provision would be guilty <strong>of</strong> a misdemeanor, and if the person willfully fails to register, he or she would be guilty <strong>of</strong> 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 <strong>of</strong> the duty to register, only as specifiedSB1417 - An act to amend Sections 10402, 10405, 14501, and 14502 <strong>of</strong> the Corporations Code, relating to corporations. Existing law authorizes corporations for the prevention <strong>of</strong> cruelty tochildren or animals, or both, to be formed under the Nonpr<strong>of</strong>it Public Benefit Corporation Law and requires the articles <strong>of</strong> incorporation for those corporations to be endorsed, as evidence <strong>of</strong>necessity, by the Department <strong>of</strong> Justice or by a judge <strong>of</strong> the superior court <strong>of</strong> the county in which the society's principal <strong>of</strong>fice is located, as specified. This bill would require these societies toprovide a copy <strong>of</strong> 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. <strong>The</strong>bill would also require a judge to request and consider advice from each <strong>of</strong> these agencies prior to granting the endorsement. Existing law requires magistrates, sheriffs, and <strong>of</strong>ficers <strong>of</strong> 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 <strong>of</strong> cruelty to animals or children. This bill would instead authorize local governments to enter into contracts with these societies for the enforcement <strong>of</strong> theselaws. <strong>The</strong> bill would also provide that a magistrate, sheriff, and an <strong>of</strong>ficer <strong>of</strong> police shall not be held civilly or criminally liable for any action within the scope <strong>of</strong> his or her employment taken inreliance upon information provided by the society, its <strong>of</strong>ficers, members, or agents.SB1473 - An act to amend Section 60042 <strong>of</strong> 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 <strong>of</strong> 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 there<strong>of</strong>, to take effectimmediately. Would require any person, over 18 years <strong>of</strong> age, convicted <strong>of</strong> felony animal abuse, as defined, to register with the appropriate law enforcement agency, as provided. <strong>The</strong> billwould require that the registration consist <strong>of</strong> a signed written statement <strong>of</strong> specified information, including, but not limited to, legal name and aliases, date <strong>of</strong> birth, address or currentlocation, name and address <strong>of</strong> employer, and specific felony animal abuse conviction. <strong>The</strong> registration would also consist <strong>of</strong> a photograph <strong>of</strong> the person, a complete set <strong>of</strong> fingerprints, and adescription <strong>of</strong> any tattoos, scars, or other distinguishing features on the person's body that would assist in identifying the person. <strong>The</strong> bill would require that, within 3 days after theregistration, the registering law enforcement agency electronically forward the statement, fingerprints, and photograph <strong>of</strong> the registrant to the Department <strong>of</strong> 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 <strong>of</strong> a misdemeanor, and if the person willfully fails to register, he or she would be guilty <strong>of</strong> 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 <strong>of</strong> the duty to register, only as specified.ACR118 - Spay Day USA <strong>2010</strong> - This measure would declare February 23, <strong>2010</strong>, to be Spay Day USA <strong>2010</strong> 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.
<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 63 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>SACRAMENTO - (Wednesday 03/03/10) State wildlife <strong>of</strong>ficials ruled that the California tiger salamander deserves protection as a threatened species, subjecting landowners to morescrutiny if they want to build or farm in the amphibian's habitat.Exeter - City Council will consider an ordinance that would do just that. Some critics say the restrictions would be akin to "racial pr<strong>of</strong>iling." <strong>The</strong> proposed ordinance, as would any other dogidentifiable as an American pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier or any mix <strong>of</strong> those breeds. Other breeds included in the ordinance are: Chow, Rottweiler,Akita, Anatolian shepherd,Doberman pinscher,Wolf/wolf hybrids and any dog the City Council deems, on an individual basis, to be dangerous or vicious. Information from Jodi Preis. (Thanks,Jodi !) Update: (02/09/10)By a 5-0 vote Tuesday night, the Exeter City Counci voted to delay a vote on a controversial dog ordinance that would have targeted certain breeds for especially stiff licensing requirements and harsh confinement.COLORADOHB1124 - An act concerning laws related to animal welfareHB1214 - A BILL FOR AN ACT CONCERNING FINANCIAL SUPPORT FOR EFFORTS TO REDUCE THE OVERPOPULATION OF PETS, AND, IN CONNECTION THEREWITH,AUTHORIZING THE ISSUANCE OF AN ADOPT A SHELTER PET LICENSE PLATE.CONNECTICUTSB274 - AN ACT PROHIBITING THE UNREASONABLE CONFINEMENT AND TETHERING OF DOGS.GEORGIAS303 - dead in CommitteeFLORIDASB572 - An act relating to pythons and reptiles; expressing the legislature to reverse the law relating to pythons and reptiles; providing a effective date.SB1276 - An act relating to dangerous dogs; amending s. 767.14, F.S.; eliminating the prohibition <strong>of</strong> breed-specific local government regulation <strong>of</strong> dangerous dogs; providing an effectivedate.SB1708/HB765 - Unlawful Slaughter <strong>of</strong> Horses - Prohibits specified acts relating to horsemeat for human consumption. Increases the classification <strong>of</strong> <strong>of</strong>fenses relating to horsemeat forhuman consumption. Provides for suspension <strong>of</strong> licenses <strong>of</strong> certain businesses for <strong>of</strong>fenses relating to horsemeat. Revises provisions prohibiting certain acts relating to horses to apply to allhorses regardless <strong>of</strong> breed, etc.ILLINOISHB0180 - AN ACT concerning handgun regulation. Creates the Handgun Dealer Licensing Act. Provides for the regulation <strong>of</strong> handgun dealers through licensure by the Department <strong>of</strong> StatePolice. Provides that no person may sell or otherwise transfer, expose for sale or transfer, or have in his or her possession with the intent to sell or transfer, any concealable firearm without beinglicensed under the Act. Provides, however, that the prohibition does not apply to a person who makes occasional sales, exchanges, or purchases <strong>of</strong> concealable firearms for the enhancement <strong>of</strong>a personal collection or as a hobby, or who sells all or part <strong>of</strong> his or her personal collection <strong>of</strong> firearms. Sets forth provisions concerning application, fees, duration <strong>of</strong> licensure, license retentionrequirements, submissions to the Department, penalties, revocation, and suspension. Grants rulemaking authority to the Department and provides that for the purpose <strong>of</strong> determining compliancewith the Act, the Act may be enforced by any municipality in which a licensee is located or, if a licensee is not located in a municipality, by the county in which a licensee is located.HB4722 - AN ACT concerning antifreeze. Creates the Antifreeze Bittering Act. Provides that any engine coolant or antifreeze that is manufactured after January 1, 2011, and subsequentlysold within the State, and that contains more than 10% ethylene glycol, shall include denatonium benzoate at a minimum <strong>of</strong> 30 parts per million and a maximum <strong>of</strong> 50 parts per million as abittering agent within the product so as to render it unpalatable. Requires a manufacturer <strong>of</strong> a product subject to this Act to maintain a record <strong>of</strong> the trade name, scientific name, and activeingredients <strong>of</strong> any bittering agent used and to make such information available to the public upon request. Provides that subject to certain exceptions, a manufacturer, processor, distributor,recycler, or seller <strong>of</strong> an engine coolant or antifreeze that is required to contain an aversive agent shall not be liable to any person for any personal injury, death, property damage, damage tothe environment (including natural resources), or economic loss that results from the inclusion <strong>of</strong> denatonium benzoate in any engine coolant or antifreeze, provided that the inclusion <strong>of</strong>denatonium benzoate is present in concentrations mandated under the Act. Contains provisions concerning exemptions and penalties. Denies home rule powers.HB4812 - Amends the Illinois Horse Meat Act. Exempts certain types <strong>of</strong> horse meat from regulation under the Act. Creates the Equine Rescue Assistance Fund. Requires certain facilities tocollect a $25 fee for each slaughtered horse and to remit those sums to the Department <strong>of</strong> Agriculture for deposit into the Equine Rescue Assistance Fund. Requires the Department to create andadminister an Equine Rescue Assistance Program to make grants to qualified equine rescue organizations for the expansion <strong>of</strong> equine rescue facilities and for the care and maintenance <strong>of</strong>rescued horses. Repeals a provision that prohibits the slaughter <strong>of</strong> horses for human consumption. Amends the Animals Intended for Food Act. Expands the definition <strong>of</strong> "animal" to include"horses, mules, or other equidae". Amends the Illinois Equine Infectious Anemia Control Act. Allows equidae more than 12 months <strong>of</strong> age to enter the State for immediate slaughter without acertificate <strong>of</strong> veterinary inspection. Requires equidae entering the State for immediate slaughter to be accompanied by a consignment direct to slaughter at an approved equine slaughteringestablishment. Amends the Humane Care for Animals Act. Creates an exemption from the general prohibition against selling, <strong>of</strong>fering to sell, leading, riding, transporting, or driving on any publicway any equidae that, because <strong>of</strong> debility, disease, lameness, or any other cause could not be worked in this State. Deletes a provision that prohibits injured equidae from being sent directly to aslaughter facility. Amends the Humane Slaughter <strong>of</strong> Livestock Act. Deletes a provision in the definition <strong>of</strong> the term "livestock" that excludes "horses, mules, or other equidae to be used in and forthe preparation <strong>of</strong> meat or meat products for consumption by human beings". Effective immediately.HB5377/SB3712 - Vet Med Pract Act - AN ACT concerning pr<strong>of</strong>essional regulation. Amends the Veterinary Medicine and Surgery Practice Act <strong>of</strong> 2004. Provides that no person maypractice veterinary medicine in the State except within the context <strong>of</strong> a veterinarian-client-patient relationship. Changes the definition <strong>of</strong> "veterinarian-client-patient relationship" to include alicensed veterinarian who has access to the animal patient's records and has been designated by the veterinarian with the prior relationship with the animal patient to provide reasonable andappropriate medical care if he or she is unavailable. Adds exemptions from the Act for certain specified persons. Requires a veterinarian to maintain patient records, which shall includecertain specified information, for a minimum <strong>of</strong> 5 years from the date <strong>of</strong> the last known contact with an animal patient. Increases the maximum civil penalty allowed for a violation <strong>of</strong> the Actfrom $5,000 to $10,000. Makes several changes to the definition <strong>of</strong> "practice <strong>of</strong> veterinary medicine". Makes changes to the definitions <strong>of</strong> "accredited program in veterinary technology","certified veterinary technician", and "complementary, alternative, and integrative therapies". Defines "immediate supervision", "licensed veterinarian", "veterinary premises", "veterinaryprescription drugs", and "veterinary specialist". Replaces all references in the Act to "Director" with "Secretary". Makes other changes. Also makes technical changes. Amends the RegulatorySunset Act. Extends the repeal date <strong>of</strong> the Veterinary Medicine and Surgery Practice Act <strong>of</strong> 2004 from January 1, 2014 to January 1, 2020. Effective immediatelyHB5689 - Amends the State Finance Act. Creates the Pet Overpopulation Control Fund. Prohibits certain transfers from the Pet Overpopulation Control Fund (rather than the Pet PopulationControl Fund). Repeals the Pet Population Control Fund. Amends the State Mandates Act to require implementation without reimbursement. Amends the Illinois Income Tax Act. Repeals the PetPopulation Control Fund income tax check<strong>of</strong>f. Amends the Animal Control Act. Requires certain fines and fees to be deposited into county animal control funds rather than the Pet PopulationControl Fund. Deletes a provision requiring animal control agencies to assist and share certain information with the Director <strong>of</strong> Public Health. Makes other technical changes. Amends the IllinoisPublic Health and Safety Animal Population Control Act to provide reimbursement only for certain claims made through June 30, <strong>2010</strong>. Repeals the Pet Population Control Fund. Repeals the Acton July 1, <strong>2010</strong>. Amends the Illinois Vehicle Code. Provides that certain portions <strong>of</strong> the pet friendly license plate registration and renewal fee must be paid into the Pet Overpopulation ControlFund rather than the Pet Population Control Fund. Requires all moneys in the Pet Overpopulation Control Fund to be paid, subject to appropriation by the General Assembly and approval by theDirector <strong>of</strong> Agriculture, as grants to certain humane societies for the humane sterilization <strong>of</strong> dogs and cats in the State. Requires the Director <strong>of</strong> Agriculture, when approving these grants, to
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