BILL ANALYSIS AB 1347 Page 1 ASSEMBLY THIRD READING AB 1347 (Caballero) As Amended May 17, 2007 Majority vote BUSINESS & PROFESSIONS 10-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |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. AB 1347 Page 2 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 AB 1347 Page 3 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." AB 1347 Page 4 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 FN: 0000760 0000684