BILL NUMBER: AB 241	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2009
	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN SENATE  JUNE 16, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Nava
   (Coauthors: Senators DeSaulnier, Florez, and Strickland)

                        FEBRUARY 10, 2009

   An act to add Section 597.8 to the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 241, as amended, Nava. Dogs and cats: breeding for sale.
   Existing law proscribes specified acts against animals and imposes
criminal penalties for a violation.
   This bill would make it a misdemeanor for any person to have more
than a combined total of 50 adult unsterilized dogs and cats  ,
in the state,  for breeding or raising them for sale as pets, as
specified.  The bill would also prohibit a business entity, as
defined, from having more than a combined total of 50 adult
unsterilized dogs and cats, in the state, for breeding or raising
them for sale as pets, as specified. The bill would make it a
misdemeanor to act in concert with another person or to voluntarily
assist a business entity in violating these provisions.  The
bill would authorize certain officers to lawfully take possession of
an animal kept in violation of  that provision  
those provisions  , as specified.
   Because this bill would create a new crime, it would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the
Responsible Breeder Act of 2009.
  SEC. 2.  Section 597.8 is added to the Penal Code, to read:
   597.8.  (a) No person  or business entity, as defined in
subdivision (g),  shall own, possess, control, or otherwise have
charge or custody of more than a combined total of 50 adult
unsterilized dogs and cats  , in the state,  at any time
used for the purpose of breeding or raising dogs or cats for sale as
pets  , or for the purpose of producing offspring from dogs
or cats for sale as pets  . Any person  or business
entity, as defined in subdivision   (g),  that must
reduce the number of adult unsterilized dogs or cats in order to
comply with this section shall spay or neuter the excess animals or
sell, transfer, or relinquish the excess animals within 30 days
following notification by authorities specified in subdivision (b).
If necessary, any euthanasia procedures shall be performed by a
California licensed veterinarian or a person qualified to perform
euthanasia procedures pursuant to regulations adopted by the
Veterinary Medical Board for employees of an animal control shelter
or humane society and its agencies who are not veterinarians or
registered veterinary technicians.
   (b) A peace officer, humane officer, or animal control officer may
lawfully take possession of an animal kept in violation of this
section when necessary to protect the health or safety of the animal
or the health or safety of others. An officer that seizes an animal
under this subdivision shall comply with paragraphs (1) to (4),
inclusive, of subdivision (f) of Section 597.1.
   (c) A person who violates this section is guilty of a misdemeanor.

   (d) Any person who voluntarily acts in concert with another person
by aiding, abetting, counseling, commanding, inducing, soliciting,
requesting, or assisting that person in the violation of this section
shall be guilty of a misdemeanor. Any person who voluntarily assists
a business entity, as defined in subdivision (g), in the violation
of this section shall be guilty of a misdemeanor.  
   (d) 
    (e)  This section does not apply to any of the
following:
   (1) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group. Except as specified in subdivision  (e)
  (f)  , these entities are the same as the
entities regulated under Division 14 (commencing with Section 30501)
of the Food and Agriculture Code.
   (2) A veterinary facility.
   (3) A research facility, as defined in Section 2132(e) of Title 7
of the United States Code. 
   (e) 
    (f)  For purposes of this section, "rescue group" means
a not-for-profit entity whose primary purpose is the placement of
dogs, cats, or other animals that have been removed from a public
animal control agency or shelter, society for the prevention of
cruelty to animals shelter, or humane society shelter, or that have
been surrendered or relinquished to the entity by the previous owner.

   (g) For purposes of this section, "business entity" means any
company, firm, association, partnership, business trust, corporation,
limited liability company, or other legal entity.  
   (h) For purposes of this section, "adult dog" means any dog that
is four months of age or older.  
   (f) 
    (i)  Nothing in this section shall be construed to
prevent a city, county, or city and county from adopting or enforcing
any local law related to dogs or cats that may contain more
restrictive provisions relating to the possession of unsterilized
dogs and cats than those contained in this section.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.