BILL ANALYSIS AB 1347 Page 1 Date of Hearing: May 9, 2007 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mark Leno, Chair AB 1347 (Caballero) - As Amended: April 16, 2007 Policy Committee: Business and Professions Vote: 10-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill establishes procedures for the care and maintenance of all animals in the custody of pet stores. Specifically, this bill: 1)Establishes procedures and requirements with regard to the condition of facilities; the provision of food and water; size and maintenance of enclosures; care of ill or injured animals; recordkeeping; and written information to be provided to the purchaser of each animal. 2)Authorizes animal control officers, human officers, and peace officers, if detecting a violation of the above requirements in the course of a routine inspection to: a) Initiate any enforcement action authorized below or by any other applicable federal, state or local law. b) Issue a notice of correction, including a specified time period for the violation to be corrected. c) Issue an infraction citation if the inspector determines the violation reflects a continuous pattern or poses a significant risk to the animals. FISCAL EFFECT Nonreimbursable costs to local governments for enforcement, offset to some extent by fine revenues. COMMENTS AB 1347 Page 2 1)Purpose . According to a sponsor, Petco, this bill, "is designed to improve the provision and enforceability of laws protecting animals sold in pet stores throughout the state. This bill was written with the input and recommendations of various animal care advocates - including animal care enforcement officers and their organization, the California Animal Control Directors Association, as well as representatives of animal welfare organizations, such as the State Humane Association of California, the Humane Society of the United States and the Animal Protection Institute." 2)Background . The federal Animal Welfare Act (AWA) of 1966 regulates the treatment of animals in research, exhibition, transport, and by dealers, but does not apply to traditional retail pet stores. As a result, states are the primary source of legal protections for animals housed in pet stores. In California, because pet stores are not licensed, and therefore not directly regulated by any state agency, enforcement is complaint driven. Local animal control agencies provide the primary enforcement, by responding to complaints and referring violations to the district attorney's office. Existing provisions in the Penal Code are very general with respect to the care and treatment of animals in the custody of pet shops. All animals must be provided with adequate nutrition, adequate space appropriate to the size, weight and species of the animal, humane care, and proper heating and ventilation in the enclosures housing animals. Additionally, the pet shop owner must take reasonable care to sell only animals that are disease and injury free. Cats and dogs sold in pet shops, under current Health and Safety Code statutes, receive extra consideration. In particular, there are requirements for dogs pertaining to veterinary care and recordkeeping, animal information postings, socialization, and limits on age and size for weaning. 3)Prior Legislation . In 2006, AB 2862 (Ridley-Thomas), as heard in this committee, was considerably more prescriptive than AB 1347 and included the potential for misdemeanor sanctions. AB 2862 was amended in the Senate to require the Department of Consumer Affairs to adopt regulations for the care and handling of animals sold to the general public at retail outlets. The governor vetoed AB 2862, stating that the bill "lacked the authority or funding source to develop and enforce AB 1347 Page 3 the new laws." Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081