BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1347|
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THIRD READING
Bill No: AB 1347
Author: Caballero (D)
Amended: 9/4/07 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-0, 7/3/07
AYES: Cogdill, Margett, Ridley-Thomas
NO VOTE RECORDED: Romero, Cedillo
SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 8-1, 7/9/07
AYES: Ridley-Thomas, Calderon, Corbett, Denham, Florez,
Harman, Simitian, Yee
NOES: Aanestad
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-1, 5/24/07 - See last page for vote
SUBJECT : Pet Store Animal Care Act
SOURCE : PETCO
DIGEST : This bill enacts the Pest Store Animal Care Act.
This bill details specifically the care of animals
required by a pet shop, creates penalties in addition to
existing penalties to enforce those new provisions.
ANALYSIS : Existing law provides that every person who
maliciously and intentionally maims, mutilates, tortures,
CONTINUED
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or wounds a living animal, or maliciously and intentionally
kills an animal, is guilty of an offense punishable by
imprisonment in the state prison, or by a fine of not more
than twenty thousand dollars ($20,000), or by both the fine
and imprisonment, or, alternatively, by imprisonment in a
county jail for not more than one year, or by a fine of not
more than twenty thousand dollars ($20,000), or by both the
fine and imprisonment.
Existing law provides every person who overdrives,
overloads, drives when overloaded, overworks, tortures,
torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any
animal, or causes or procures any animal to be so
overdriven, overloaded, driven when overloaded, overworked,
tortured, tormented, deprived of necessary sustenance,
drink, shelter, or to be cruelly beaten, mutilated, or
cruelly killed; and whoever, having the charge or custody
of any animal, either as owner or otherwise, subjects any
animal to needless suffering, or inflicts unnecessary
cruelty upon the animal, or in any manner abuses any
animal, or fails to provide the animal with proper food,
drink, or shelter or protection from the weather, or who
drives, rides, or otherwise uses the animal when unfit for
labor, is, for every such offense, guilty of a crime
punishable as a misdemeanor or as a felony or alternatively
punishable as a misdemeanor or a felony and by a fine of
not more than twenty thousand dollars ($20,000).
Existing law provides that it is a misdemeanor punishable
by a fine of up to $1,000 plus penalty assessments and/or
up to 90 days in jail for any person who operates a pet
shop to fail do all of the following:
1.Maintains the facilities used for the keeping of pet
animals in a sanitary condition.
2.Provides proper heating and ventilation for the
facilities used for the keeping of pet animals.
3.Provides adequate nutrition for, and humane care and
treatment of, all pet animals under his or her care and
control.
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4.Takes reasonable care to release for sale, trade, or
adoption only those pet animals that are free of disease
or injuries.
5.Provides adequate space appropriate to the size, weight,
and specie of pet animals.
Existing law provides that sellers of pet animals shall
provide buyers of a pet animal with general written
recommendations for the generally accepted care of the
class of pet animal sold, including recommendations as to
the housing, equipment, cleaning, environment, and feeding
of the animal. This written information shall be in a form
determined by the sellers of pet animals and may include
references to Web sites, books, pamphlets, videos, and
compact discs. Charges against a seller of pet animals for
a first violation of the provisions of this subdivision
shall be dismissed if the person charged produces in court
satisfactory proof of compliance. A second or subsequent
violation is an infraction punishable by a fine not to
exceed $250.
Existing law in the Lockyer-Polanco-Farr Pet Protection
Act, regulates the sale of dogs and cats by pet dealers and
provides for civil penalties in the amount up to $1,000 for
violations of the act. The civil penalty may be enforced
by the local district attorney or city attorney.
Existing law further provides that no pet dealer shall
knowingly sell a dog that is diseased, ill, or has a
condition, any one of which requires hospitalization or
surgical procedures. In lieu of the civil penalties
imposed pursuant to Section 122150, any pet dealer who
violates this section shall be subject to a civil penalty
of up to one thousand dollars ($1,000), or shall be
prohibited from selling dogs at retail for up to 30 days,
or both. If there is a second offense, the pet dealer
shall be subject to a civil penalty of up to two thousand
five hundred dollars ($2,500), or a prohibition from
selling dogs at retail for up to 90 days, or both. For a
third offense, the pet dealer shall be subject to a civil
penalty of up to five thousand dollars ($5,000) or a
prohibition from selling dogs at retail for up to six
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months, or both. For a fourth and subsequent offense, the
pet dealer shall be subject to a civil penalty of up to ten
thousand dollars ($10,000) or a prohibition from selling
dogs at retail for up to one year, or both. For purposes
of this section, a violation that occurred over five years
prior to the most recent violation shall not be considered.
An action for recovery of the civil penalty and for a
court order enjoining the pet dealer from engaging in the
business of selling dogs at retail for the period set forth
in this section, may be prosecuted by the district attorney
for the county where the violation occurred, or the city
attorney for the city where the violation occurred, in the
appropriate court.
This bill provides that each pet store operator shall be
responsible for all the following:
1.Maintaining the entire pet store facility in good repair.
2.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
have escaped.
3.Ensuring that the pet store's interior building surfaces,
including walls and floors, are constructed in a manner
that permits them to be readily cleaned and maintained.
4.Uniformly distributing light, by natural or artificial
means, in a manner that permits routine inspection and
cleaning, and the proper care and maintenance of the
animals.
5.When dog or cat grooming services are offered by a pet
store, separating the grooming work area from the store's
primary animal enclosures, animal food storage areas, and
isolation areas for housing sick animals. The grooming
area shall be cleaned and maintained at least once daily.
6.With respect to dogs, complying with all of the
requirements of Section 122155.
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This bill sets forth specific requirements regarding the
primary enclosures of animals in pet shops including
specific requirements for bird enclosures.
This bill provides that primary enclosures shall be
observed at least once daily, and animal and food wastes,
used bedding, debris, and any other organic wastes shall be
removed as necessary to prevent contamination of the
animals and to reduce disease and hazards and odors.
This bill provides that pest control measures shall be
implemented to effectively control infestation of vermin,
insects or other pests.
This bill provides that the pet store operator or at least
or at least one of his/her employees shall be present in
the store at least once daily, regardless of whether the
store is open for care and maintenance of the animals in
the pet store and provides that the pet store operator
shall comply with the following animal care requirements:
1.House only compatible animals in the same enclosure.
2.Observe each animal at regular intervals, at least once a
day, in order to recognize and evaluate general symptoms
of sickness, injury, or abnormal behavior.
3.Take reasonable measures to house intact mammals that
have reached sexual maturity in a manner to prevent
unplanned reproduction.
4.Maintain and abide by written animal husbandry procedures
that address animal care, management and safe handling,
disease prevention and control, veterinary care routine
care, preventative care, emergency veterinary care,
euthanasia, and disaster planning, evacuation, and
recovery that is applicable to the location of the pet
store. These procedures shall be reviewed with employees
who provide animal care and shall be present in writing,
either electronically or physically, in the store and
made available to all store employees.
5.If there is a determination that an animal may need to be
euthanized, ensure that veterinary treatment is provided
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without delay. However, if the animal is intended as
food for another animal then the animal may be destroyed
using a method authorized, as specified.
This bill provides that each employee who performs
euthanasia shall receive adequate training.
This bill provides that the pet store operator shall
isolate and not offer for sale, those animals that have or
are suspected of having a contagious condition.
This bill provides that a pet store operator shall have a
documented program of routine care, preventative care, and
emergency care, disease control and prevention, veterinary
treatment and euthanasia that is established and maintained
by the pet store, in consultation with, a licensed
veterinarian employed by the pet store or a
California-licensed veterinarian, to ensure adherence to
the program with respect to each animal. The program shall
also include a documented onsite visit to the pet store
premises by a California-licensed veterinarian, at least
once a year.
This bill provides that the pet store operator shall ensure
that each diseased, ill, or injured animal is evaluated and
treated without delay. If necessary for the humane care
and treatment of the animal, the animal shall be provided
with veterinary treatment without delay.
This bill provides that in the event of a natural disaster,
an emergency evacuation, or other similar occurrence, the
humane care and treatment of each animal is provided for,
to the extent access to the animals is reasonably
available.
This bill provides that each pet store operator shall
ensure that records of all veterinary visits to the pet
store are documented in writing. Veterinary treatment
records shall be kept for each animal or group of animals
that receives medications or immunizations while in the
care of the pet store. This bill specifies what the
records shall include.
This bill provides that the pet store shall provide to the
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purchaser of an animal at the time of sale information
concerning the store's animal return policy.
This bill provides that the pet store owner shall maintain
records for identification purposes of the person who
purchased the animal including their name, address, and
telephone number, and the date the animal was required.
This bill provides that all records required under this
bill shall be maintained by the pet store for two years
from the date of disposition of the animal and shall be
made available upon request to appropriate law enforcement
officers exercising authority under this bill.
This bill provides that an animal control officer, a humane
officer, or a peace officer who detects specified
violations under this bill shall issue a single notice to
correct, which shall contain all the following information:
1.Specify each violation of this chapter found in the
inspection.
2.Identify the corrective action for each violation.
3.Include a specific period of time for which the listed
violation or violations must be corrected.
This bill provides that after issuing a notice to correct
the officer or another qualified officer shall verify
compliance by conducting a subsequent investigation of the
pet store within a reasonable period of time.
This bill provides that an exact, legible copy of the
notice to correct shall be delivered to the pet store
operator at the time he or she signs the notice. In the
alternative, the issuing agency may personally deliver the
notice to the pet store operator within 48 hours of its
issuance, excluding holidays and weekends. The signing of
the notice is an acknowledgement of receipt, and does not
constitute an admission of guilt.
This bill provides a pet store operator who fails to comply
with a notice to correct is guilty of an infraction.
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This bill provides a pet store operator who violates the
same provisions of this chapter on more than one occasion
within a 12-month period, at the same location, is not
eligible to receive a notice to correct, and is guilty of
an infraction on the second violation, and is guilty of a
misdemeanor on a third or subsequent violation.
This bill provides, however, that if a pet store owner
violates these provisions and by doing so, the pet store
operator causes or allows harm or injury is guilty of a
misdemeanor.
This bill provides that violations not specified for a
notice of correction are misdemeanors.
This bill provides that an infraction is punishable by a
fine not to exceed $250 per violation and a misdemeanor by
affine not to exceed $1,000 per violation.
This bill provides that a pet store shall not offer any
live animal as a prize or give away any animal as an
inducement to enter any contest, game, or other
competition.
This bill provides that a pet store shall not sell, offer
for sale, trade, or barter any dog or cat that is under
eight weeks of age. Notwithstanding any other provision of
law, dogs or cats over eight weeks of age may be sold,
offered for sale, traded, or barter only if the animal is
weaned. Pet stores shall not sell any animal before it is
weaned, except for animals intended to be used as food for
other animals.
This bill provides that nothing in this chapter shall be
construed to in any way limit or affect the application or
enforcement of any other law that protects animals or
rights of consumers, including, but not limited to the
Lockyer-Polanco-Farr Pet Protection Act contained in
Article 2 (commencing with Section 122125) of Chapter 5 of
Part 6 of Division 105, or Section 597 or 5971 of the Penal
Code.
Animal rights of consumers . This bill provides that
nothing in this chapter limits or authorizes any act or
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omission that violates Section 597 and 5971 of the Penal
Code, or any other local, state, or federal law. The
procedures set forth in this chapter shall not apply to any
civil violation of any other local, state or federal law
that protects or to a violation of Section 597 or 5971 of
the Penal Code, which is cited or prosecuted pursuant to
one or both of those section or to a violation of any other
local, state or federal law that is cited or prosecuted
pursuant to that law.
This bill defines the following terms as specified:
1."Adequate space" means sufficient height and sufficient
floor space for the animals to stand up, sit down and
turn about freely using normal body movements without
the head touching the top of the primary enclosure; lie
down with limbs outstretched and exercise normal
postural movement, and move about freely as appropriate
for the species, age, size, and condition of the animal,
and when appropriate, to experience socialization with
other animals in the primary enclosure, if any.
However, when freedom of movement would endanger the
animal, temporarily and appropriately restricting
movement of the animal in a humane manner is permitted.
2."Animal" means any nonhuman vertebrate species housed,
offered for sale or adoption, or both, in the pet store,
including, but not limited to, mammals, birds, reptiles,
amphibians, fish, andalso invertebrates housed, sold, or
adopted as pets.
3."Disposition" means the transfer of an animal from a pet
store to another location, including the sale or
adoption of the animal, the return of the animal to the
person who supplied the animal to the pet store, or
removal from the pet store of any animal that is
deceased for any reason, including euthanasia.
4."Enrichment" means providing objects or activities,
appropriate with the needs of the species, as well as
the age, size, and condition of the animal that
stimulate the animal and promote the animal's
well-being.
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5."Euthanasia" or "euthanize" means the humane destruction
of an animal in compliance with the requirements set
forth in paragraph (7) of subdivision (b) of Section
122354.
6."Impervious to moisture" means a surface that prevents
the absorption of fluids and that can be thoroughly and
repeatedly sanitized, will not retain odors, and from
which fluids bead up and run off or can be removed
without being absorbed into the surface material.
7."Intact" means an animal that retains its sexual organs
or ability to procreate and has not been sterilized.
8."Person" means any individual, partnership, firm,
joint-stock company, corporation, association, trust,
estate, or other legal entity.
9."Pet store" means a retail establishment open to the
public and selling or offering for sale animals. Any
person who sells, exchanges, or otherwise transfers only
animals that were bred or raised, or both, by the
person, or sells or otherwise transfers only animals
kept primarily for reproduction, shall be considered a
breeder and not a pet store.
10."Pet store operator" or "operator" means a person who
owns or operates a pet store, or both.
11."Primary enclosure" means any structure used to
immediately restrict an animal or animals to a limited
amount of space, such as a room, pen, cage, aquarium,
terrarium, habitat compartment or hutch, where the
animal or animals reside until their sale, transfer, or
other disposition.
12."Rodent" means an animal of the order Rodentia, such as
a guinea pig, rat, mouse, chinchilla, or hamster.
13."Sanitize" means to make physically clean and to
destroy, to the extent practical, agents injurious to
health.
14."Temporary enclosure" means a confined space used by the
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pet store to house an animal when the animal is not in
its primary enclosure for a period not to exceed four
consecutive hours. The temporary enclosure shall allow
the animals to stand up, lie down, and turn around. Any
enclosure used by the pet store to house an animal for
longer than four consecutive hours shall meet the
requirements of a primary enclosure.
15."Time of sale" means the calendar date the retail
purchaser removes the animal from the premises of the
pet store following the retail sale of that animal.
16."Transfer" means the release of an animal by its owner
to another person by sale, gift, adoption, or other
disposition, including the exchange of animals between
pet stores.
17."Veterinarian" means any person who is licensed by the
State of California under Chapter 11 (commencing with
Section 4800) of Division 2, or who is exempt from
licensing requirements pursuant to Section 4827 of the
Business and Professions Code.
18."Veterinary treatment" means treatment by or at the
direction of a California-licensed veterinarian.
This bill makes the following legislative findings:
1.It is the intent of the Legislature to establish
standards of care for animals in pet stores.
2.Standards of care for animals in pet stores are essential
to ensure the humane treatment of the animals, safeguard
the public.
3.The Legislature does not intend, by this act, to regulate
the care or handling of animals in or on farms, ranches,
livestock or horse auctions, livestock markets,
slaughtering facilities, or any place other than pet
stores.
4.The Legislature does not intend, by regulating pet
stores, to classify as a pet store a person who breeds
and sells animals directly to the public.
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This bill has a delayed operative date of January 1, 2009.
provides a pet store operator who fails to comply with a
notice to correct is guilty of an infraction.
This bill provides a pet store operator who violates the
same provision of this chapter on more than one occasion
within a 12-month period, at the same location, is not
eligible to receive a notice to correct, and is guilty of
an infraction on the second violation, and is guilty of a
misdemeanor on a third or subsequent violation.
This bill provides, however, that if a pet store owner
violates these provisions and by doing so, the pet store
operator causes or allows harm or injury to an animal, or
allows an animal to be subject to an unreasonable risk of
harm or injury is guilty of a misdemeanor.
This bill provides that violations not specified for a
notice of correction are misdemeanors.
This bill provides that an infraction is punishable by a
fine not to exceed $250 per violation and a misdemeanor by
a fine not to exceed $1,000 per violation.
This bill provides that a pet store shall not offer any
live animal as a prize or give away any animal as an
inducement to enter any contest, game, or other
competition.
This bill provides that a pet store shall not sell, offer
for sale, trade, or barter any dog or cat that is under
eight weeks of age. Notwithstanding any other provision of
law, dogs or cats over eight weeks of age may be sold,
offered for sale, traded, or bartered only if the animal is
weaned. Pet stores shall not sell any animal before it is
weaned, except for animals intended to be used as food for
other animals.
This bill provides that nothing in this chapter shall be
construed to in any way limit or affect the application of
any other law that protects animals or the rights of
animals, including, but not limited to the
Lockyer-Polanco-Farr Pet Protection Act contained in
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Article 2 (commencing with Section 122125) of Chapter 5 of
Part 6 of Division 105, or Section 597 or 597l of the Penal
Code.
This bill provides that nothing in this chapter limits or
authorizes any act or omission that violates Section 597
and 597l of the Penal Code, or any other local, state, or
federal law. The procedures set forth in this chapter
shall not apply to a violation of Section 597 or 597l of
the Penal Code, which is cited or prosecuted pursuant to
one or both of those sections.
This bill defines the following terms as specified:
"Adequate space" means sufficient height and sufficient
floor space for the animals to stand up, sit down and turn
about freely using normal body movements without the head
touching the top of the primary enclosure; lie down with
limbs outstretched and exercise normal postural movement,
and move about freely as appropriate for the species, age,
size, and condition of the animal, and when appropriate, to
experience socialization with other animals in the primary
enclosure, if any. However, when freedom of movement would
endanger the animal, temporarily and appropriately
restricting movement of the animal in a humane manner is
permitted.
"Animal" means any nonhuman vertebrate species housed,
offered for sale or adoption, or both, in the pet store,
including, but not limited to, mammals, birds, reptiles,
amphibians, fish, andalso invertebrates housed, sold, or
adopted as pets.
"Disposition" means the transfer of an animal from a pet
store to another location, including the sale or adoption
of the animal, the return of the animal to the person who
supplied the animal to the pet store, or removal from the
pet store of any animal that is deceased for any reason,
including euthanasia.
"Enrichment" means providing objects or activities,
appropriate with the needs of the species, as well as the
age, size, and condition of the animal that stimulate the
animal and promote the animal's well-being.
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"Euthanasia" or "euthanize" means the humane destruction of
an animal that is in compliance with the requirements set
forth in paragraph (7) of subdivision (b) of Section
122354.
"Impervious to moisture" means a surface that prevents the
absorption of fluids and that can be thoroughly and
repeatedly sanitized, will not retain odors, and from which
fluids bead up and run off or can be removed without being
absorbed into the surface material.
"Intact" means an animal that retains its sexual organs or
ability to procreate and has not been sterilized.
"Person" means any individual, partnership, firm,
joint-stock company, corporation, association, trust,
estate, or other legal entity.
"Pet store" means a retail establishment open to the public
and selling or offering for sale animals. Any person who
sells, exchanges, or otherwise transfers only animals that
were bred or raised, or both, by the person, or sells or
otherwise transfers only animals kept primarily for
reproduction, shall be considered a breeder and not a pet
store.
"Pet store operator" or "operator" means a person who owns
or operates a pet store, or both.
"Primary enclosure" means any structure used to immediately
restrict an animal or animals to a limited amount of space,
such as a room, pen, cage, aquarium, terrarium, habitat
compartment or hutch, where the animal or animals reside
until their sale, transfer, or other disposition.
"Rodent" means an animal of the order Rodentia, such as a
guinea pig, rat, mouse, chinchilla, or hamster.
"Sanitize" means to make physically clean and to destroy,
to the extent practical, agents injurious to health.
"Temporary enclosure" means a confined space used by the
pet store to house an animal when the animal is not in its
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primary enclosure for a period not to exceed four
consecutive hours. The temporary enclosure shall allow the
animals to stand up, lie down, and turn around. Any
enclosure used by the pet store to house an animal for
longer than four hours shall meet the requirements of a
primary enclosure.
"Time of sale" means the calendar date the retail purchaser
removes the animal from the premises of the pet store
following the retail sale of that animal.
"Transfer" means the release of an animal by its owner to
another person by sale, gift, adoption, or other
disposition, including the exchange of animals between pet
stores.
"Veterinarian" means any person who is licensed by the
State of California under Chapter 11 (commencing with
Section 4800) of Division 2, or who is exempt from
licensing requirements pursuant to Section 4827 of the
Business and Professions Code.
"Veterinary treatment" means treatment by or at the
direction of a California-licensed veterinarian.
This bill makes the following legislative findings:
1.It is the intent of the Legislature to establish
standards of care for animals in pet stores.
2.Standards of care for animals in pet stores are essential
to ensure the humane treatment of the animals, safeguard
the public, and are in the public interest.
3.The Legislature does not intend, by this act, to regulate
the care or handling of animals in or on farms, ranches,
livestock or horse auctions, livestock markets,
slaughtering facilities, or any place other than pet
stores.
4.The Legislature does not intend, by regulating pet
stores, to classify as a pet store a person who breeds
and sells animals directly to the public.
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16
This bill has a delayed operative date of January 1, 2009.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/20/07)
PETCO (source)
Pet Industry Advisory Council
Animal Protection Institute
Humane Society of the United States
ARGUMENTS IN SUPPORT : According to the author's office,
this bill is designed to fill a significant hole in state
and local law for the protection of animals sold in pet
stores throughout the state. Although some large cities
have animal control ordinances, the primary state law for
the protection of animals in pet stores is California Penal
Code Section 597 l which gives local animal control
officers general authority to prosecute the inhumane
treatment of animals in pet stores through the local
judicial system as misdemeanors. Section 597 l is brief
and written very generally. It is primarily used for
serous mistreatment of animals. California law does not
provide detail on the daily operating practices of pet
stores, such as what constitutes appropriate animal
enclosures, feeding, watering, general health veterinary
treatment, record keeping and other related matters. This
bill fills that gap and will greatly assist Animal Control
Officers to seek to ensure the humane treatment of animals
in pet stores.
The bill was written with a lot of help of the Animal Care
Enforcement Officers, through their association, the
California Animal Care Director's Association (CACDA) to
help ensure that the pet store enforcement provisions of
this bill fill the gaps in present law, make the
enforcement job easier, and give the enforcement officers
the discretion necessary to appropriately deal with the
varied types of pet care enforcement issues they face on a
daily basis in this state. The pet store coalition has
also sought and received drafting advice from the
California State Humane Society, the Humane Society of the
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United States and API.
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,
De Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson,
Eng, Evans, Feuer, Fuller, Gaines, Galgiani, Garcia,
Garrick, Hancock, Hayashi, Hernandez, Horton, Houston,
Huff, Huffman, Jeffries, Jones, Karnette, Keene,
Krekorian, La Malfa, Laird, Leno, Levine, Ma, Maze,
Mendoza, Mullin, Nakanishi, Nava, Niello, Parra, Plescia,
Portantino, Price, Richardson, Sharon Runner, Ruskin,
Salas, Saldana, Silva, Smyth, Solorio, Spitzer,
Strickland, Swanson, Torrico, Tran, Villines, Walters,
Wolk
NOES: Lieu
NO VOTE RECORDED: Lieber, Soto, Nunez, Vacancy
RJG:do 9/4/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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