BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1347
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          ASSEMBLY THIRD READING
          AB 1347 (Caballero) 
          As Amended May 17, 2007
          Majority vote
           
           BUSINESS & PROFESSIONS     10-0 APPROPRIATIONS      16-0        
           
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          |Ayes:|Eng, Emmerson, Bass,      |Ayes:|Leno, Walters, Caballero, |
          |     |Carter, Hayashi,          |     |Davis, DeSaulnier,        |
          |     |Hernandez, Horton, Maze,  |     |Emmerson, Huffman,        |
          |     |Price, Torrico            |     |Karnette, Krekorian, La   |
          |     |                          |     |Malfa,                    |
          |     |                          |     |De La Torre, Ma,          |
          |     |                          |     |Nakanishi, Nava, Sharon   |
          |     |                          |     |Runner, Solorio           |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Enacts the Pet Store Animal Care Act (Act) that would  
          establish procedures for the care and maintenance of animals in  
          the custody of a pet store, and places limitations on the sale  
          or transfer of those animals.  Specifically,  this bill  :  

          1)Provides that each pet store operator is responsible for  
            specified conditions of a pet store, including the following:

             a)   Protecting animals kept in the pet store from injury,  
               restricting the entry of pests from outside, ensuring the  
               containment of animals within the pet store, and, in the  
               event that animals escape, being responsible for reporting  
               this fact, as necessary, to local authorities and making  
               reasonable efforts to capture the animals that escape;

             b)   Ensuring that the temperature within an animal's primary  
               and temporary enclosure is appropriate for the species,  
               age, size and condition of the animals; 

             c)   Providing ventilation using fresh or filtered air to  
               minimize drafts, odors, and moisture condensation and to  
               provide for the health of the animals; and,

             d)   Uniformly distributing light, by natural or artificial  
               means, in a manner that permits routine inspection and  
               cleaning, and proper care and maintenance of the animals.








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          2)Requires a pet store operator, or one of his/her employees, to  
            be present in the store at least once daily, regardless of  
            whether the store is open, for general care and maintenance of  
            the animals in the pet store. 

          3)Requires a pet store operator to ensure that records of all  
            veterinary visits to the pet store are documented in writing  
            and that a veterinary treatment record be kept for each  
            animal, or group of animals, that receives medications or  
            immunizations while in the care of the pet store. 

          4)Provides that primary enclosures must meet specified  
            requirements, including the following:

             a)   Be constructed so they can be routinely maintained to  
               allow animals to stay clean and to provide access to  
               adequate food and water;

             b)   Be constructed to prevent injury and provide a solid  
               platform or shelf when a grid-flooring system is used;

             c)   Provide adequate space and adequate mobility for the  
               animal or animals housed in the enclosure; and,

             d)   Provide animals with an enrichment device or devices  
               appropriate for the species, age, size, and condition of  
               the animal.

          5)Allows an animal control officer, a humane officer, or a peace  
            officer who, in the course of inspecting a pet store, detects  
            a violation of the requirements of the Act to do one, or both,  
            of the following:

             a)   Take or initiate any enforcement action authorized by  
               the Act or other applicable law; and/or,

             b)   Issue a single notice of correction that specifies every  
               violation of the provisions of the Act found during the  
               inspection and clearly identify a specific period of time  
               during which the listed violations must be corrected.

          6)Allows the inspecting office to issue an infraction citation,  
            or misdemeanor, or take any other action permitted by  
            applicable federal, state or local law, if the officer  








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            determines that the violation reflects a pattern of continued  
            violations of the same requirements of the Act, the pet store  
            operator has failed to comply with a notice of correction, or  
            if the violation poses a significant risk of harm to one or  
            more animals.

          7)Prohibits a pet store from selling a cat that is under the age  
            of eight weeks or selling any animal that is not weaned.

          8)Prohibits a pet store from offering any animal as a prize, or  
            giving away any animal as an inducement to enter a contest,  
            game, or other competition.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, nonreimbursable costs to local governments for  
          enforcement, offset to some extent by fine revenues. 

           COMMENTS  :  According to one of the sponsors, 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."

          The California Alliance for Consumer Protection writes in  
          support of this bill, "It is important for California's  
          Legislature to establish and enact standards that ensure the  
          delivery of both healthy pets and quality products to  
          consumers."

          The California Federation for Animal Legislation, in opposition  
          to this bill, explains that current law relating to pet shops  
          allows that misdemeanors and violations under the general  
          anti-cruelty law may be prosecuted as a felony.  This bill  
          provides that a violation, after a warning, may be an  
          infraction.  According to the California Federation for Animal  
          Legislation, "pet shops should have minimum care standards but  
          penalties should not regress to infractions.  Existing laws are  
          misdemeanors and wobblers.  Through the years there have been  
          many cases of abuse/cruelty and neglect in pet shops?and  
          existing penalties are appropriate."








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          Previous legislation, AB 2862 (Ridley-Thomas) of 2006, which was  
          vetoed by the Governor, would have required the Department of  
          Consumer Affairs (Department) to adopt regulations to regulate  
          the care and handling of animals sold to the general public at  
          retail outlets.  In his veto message the Governor stated, "[AB  
          2862] mandates the creation of a state program without providing  
          the authority or funding source to develop or enforce the new  
          laws.  The Department is funded by the licensing fees of the  
          professionals it regulates, such as doctors, dentists and  
          accountants.  It is not legal for the Department to use these  
          license fees to implement or enforce this bill."


           Analysis Prepared by  :    Tracy Rhine / B. & P. / (916) 319-3301 


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