BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 161|
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THIRD READING
Bill No: AB 161
Author: Maddox (R), et al
Amended: 7/17/01 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-2, 7/10/01
AYES: Escutia, Kuehl, O'Connell, Sher
NOES: Ackerman, Haynes
ASSEMBLY FLOOR : 47-17, 4/5/01 - See last page for vote
SUBJECT : Dog breeders
SOURCE : Fund for Animals
DIGEST : This bill defines a dog breeder as any
individual or organization that sells, transfers, or gives
away all or part of three or more litters or 20 or more
dogs in the preceding 12 months. It would also add a
requirement that breeders socialize their dogs to humans
and would prohibit a breeder from primarily housing a dog
on wire flooring.
ANALYSIS : Existing law defines a dog breeder as any
person, firm, partnership, corporation, or other
association that has sold, transferred, or given away 50 or
more dogs during the preceding calendar year.
This bill would change the definition of a dog breeder to
any person, firm, partnership, corporation, or other
association that has sold, transferred, or given away all
CONTINUED
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or part of three or more litters or 20 or more dogs in the
preceding 12 months.
Existing law regulates the sale of dogs by dog breeders as
follows:
1. Breeders must provide purchasers with written records
concerning the dog's medical history and other general
identifying information.
2. Breeders who knowingly sell sick dogs are subject to
civil penalties and/or temporary prohibitions on
selling.
3. If a dog sold by a breeder subsequently is found by a
veterinarian to be sick or unhealthy within certain
specified time periods after the sale, the purchaser is
entitled to a choice of remedies, including return,
exchange, or reimbursement of costs.
4. Breeders must provide purchasers with a written notice
of their rights under existing law.
5. Breeders must keep a written record on the health,
status, and disposition of the dog at least one year
after the disposition of the dog.
This bill would not make any changes to the laws regarding
sales by dog breeders, but would extend those laws to any
person or private organization that sells or transfers all
or part of three or more litters or 20 or more dogs in the
preceding 12 months that were bred and raised on the
premises of the person or organization.
Existing law requires breeders to meet the following
standards of care. Breeders must:
1. Maintain facilities where dogs are kept in a "sanitary
condition".
2. Provide dogs with adequate nutrition and water.
3. Provide dogs with adequate space.
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4. Provide dogs housed on wire flooring with a restboard,
floormat, or similar device.
5. Provide dogs with adequate exercise and socialization,
including physical contact with other dogs or with human
beings.
6. Provide necessary veterinary care.
This bill would prohibit breeders from primarily housing
dogs on wire flooring and requires breeders to socialize
their dogs with human beings. This bill would also extend
these requirements, as well as other requirements under
existing law, to the new definition of dog breeder.
Existing law provides for civil penalties of up to $1,000
for violations of dog breeder laws. Enforcement may be
brought by district attorneys or city attorneys.
Existing law does not apply the breeder regulations to pet
stores. Stores are separately regulated under different
provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/22/01)
Fund for Animals (source)
Humane Society of the United States
Center for Animal Protection and Education
California Federation for Animal Legislation
Doris Day Animal League
California Animal Control Directors' Association
Action for Animals
United Activists for Animal Rights
Animal Protection Institute
Animal Issues Movement
Actors and Others for Animals
Animal Legislative Action Network
Pets in Need
San Francisco SPCA
State Humane Association of California
Supervisor Illa Collin, Sacramento County
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Many other organizations and concerned citizens
OPPOSITION : (Verified 8/24/01)
American Kennel Club
American Pet Products Manufacturers Association
American Dog Owners Association
Board of Governors of the Bulldog Club of America Division
III
California Federation of Dog Clubs
The Animal Council
The Cat Fanciers' Association
Contra Costa Kennel Club
Coyote Hills Kennel Club
Dalmation Club of Northern California
National Pet Alliance
Plum-Perfect Airedales
San Francisco Dog Training Club, Inc.
Santa Ana Valley Kennel Club
Santa Clara Valley Kennel Club
Smooth Fox Terrier Assoc. of Northern California
Shiba Inu Fanciers of Northern California
Sacramento Dog Training Club
United Kennel Club
Urban Pet Coalition
Washington Animal Foundation
The Cat and Dog Rescue Association
German Shepherd Dog Club
German Shepherd Dog Fanciers of Northern California, Inc.
Diablo Valley German Shepherd Dog Club, Inc.
The American Staffordshire Terrier Club of Northern
California
Association of Responsible Pet Ownership, Inc.
Many other organizations and concerned citizens
ARGUMENTS IN SUPPORT : The bill's supporters argue that
the current definition of a dog breeder (as any individual
or organization that sells or transfers 50 or more dogs in
a calendar year) is flawed for two major reasons. First,
they argue that it is unworkable because it is difficult to
determine the number of dogs an individual has transferred
in a calendar year. Second, they argue that the 50-dog
threshold is too high and is not covering individuals who
are engaging in the business of dog breeding.
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The bill's supporters argue that the three-litter or 20-dog
standard proposed by the bill would be easier to enforce.
The bill's supporters also argue that there are a
significant number of consumers purchasing dogs from
individuals not covered by existing laws who would benefit
from the expansion of the law's purchaser protections.
Supporters argue that even if show breeders and hobbyists
are treating dogs well, the threshold set in current law is
not reaching many for-profit dog breeders. As an example,
they cite pit bull breeders who, due to the small number of
pups in a litter, can breed pit bulls for profit without
ever reaching the 50-dog threshold.
ARGUMENTS IN OPPOSITION : The bill's opponents argue that
the bill would unnecessarily extend the law's requirements
to hobbyists, show breeders, and other individuals who may
sell dogs, but not at a scale that justifies regulation.
They argue that for many of these individuals, the sale of
dogs is incidental to their primary motivation for breeding
dogs, such as hobby breeding or show breeding. Opponents
argue that the bill would impose significant costs and
obligations on these individuals that would make it
difficult for them to continue their primary activity, such
as hobby or show breeding. Opponents also argue that the
bill's language is too expansive and would cover many
individuals who are not engaged in the business of selling
dogs.
Opponents further argue that individuals such as hobbyists
and show breeders generally are complying with the animal
care standards applicable to dog breeders. As a result,
they argue, the cost of extending the laws concerning sale
of dogs to these individuals will produce little benefit in
animal welfare.
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Calderon, Cardenas,
Cedillo, Chan, Chavez, Corbett, Cox, Diaz, Dutra,
Goldberg, Harman, Havice, Horton, Jackson, Keeley, Kehoe,
Koretz, Leach, Liu, Longville, Lowenthal, Maddox,
Maldonado, Migden, Mountjoy, Nakano, Negrete McLeod,
Oropeza, Robert Pacheco, Pavley, Richman, Salinas,
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Shelley, Simitian, Steinberg, Strickland, Strom-Martin,
Thomson, Vargas, Washington, Wayne, Wesson, Wiggins,
Zettel
NOES: Ashburn, Briggs, Bill Campbell, John Campbell,
Cardoza, Cohn, Correa, Florez, Frommer, Hollingsworth,
Kelley, Leonard, Leslie, Matthews, Rod Pacheco, Reyes,
Runner
RJG:sl 8/27/01 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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