BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 241
                                                                  Page  1

          Date of Hearing:   April 14, 2009
          Counsel:        Kathleen Ragan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Jose Solorio, Chair

                     AB 241 (Nava) - As Amended:  April 13, 2009
           

                                        REVISED
           

          SUMMARY  :   Makes it a misdemeanor for an individual or business  
          that buys or sells dogs or cats to have more than a combined  
          total of 50 unsterilized dogs and cats, as specified.   
          Specifically,  this bill  :  

          1)Provides that no person shall own, possess, or otherwise have  
            charge or custody of more than a combined total of 50  
            unsterilized dogs and cats at any time for purposes of  
            breeding or raising such dogs and cats for sale as pets or for  
            the purposes of producing offspring from such dogs and cats  
            for sale as pets.  

          2)States that an individual or business that must reduce the  
            number of intact 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 of  
            notification by authorities.  

          3)States that if necessary, any euthanasia procedures shall be  
            performed by a licensed California veterinarian.

          4)Provides that a peace officer, humane society 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.  Requires an officer that seizes an animal  
            under this subdivision to provide the owner of the animal with  
            the opportunity for a post-seizure hearing, as specified.  

          5)States that this section does not apply to a publicly owned  
            animal control facility or animal shelter; to a veterinary  
            facility, a retail pet store or a research institution.  








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           EXISTING LAW  :

          1)Makes it a misdemeanor to permit an animal to be in any  
            building, enclosure, street, lot, or judicial district without  
            proper care and attention.  States that any peace officer,  
            humane society officer, or animal control officer shall take  
            possession of the stray or abandoned animal and shall provide  
            proper care and treatment for the animal until the animal is  
            deemed to be in a suitable condition to be returned to the  
            owner.  Provides that when the officer has reasonable grounds  
            to believe that very prompt action is required to protect the  
            health or safety of the animal, the officer shall immediately  
            seize the animal and comply with specified opportunity for a  
            pre-seizure or post-seizure hearing, as specified, to  
            determine the validity of a seizure or impoundment of the  
            animal(s).  [Penal Code Section 597.1(a).]

          2)Provides that the animal's failure to request to attend, or to  
            attend a scheduled hearing shall result in a forfeiture of the  
            animal(s) and the right to challenge the costs of the  
            owner(s)' liability for any costs incurred.  [Penal Code  
            Section 597.1(f).]

          3)Provides that where the need for the immediate seizure of the  
            animal is not present and prior to the commencement of any  
            criminal proceedings, the agency shall provide the owner or  
            keeper of the animal with the opportunity for a hearing prior  
            to the seizure of the animal, if ascertainable after  
            reasonable investigation.  [Penal Code Section 597.1(f).]

          4)States that it is the policy of California that no adoptable  
            animal should be euthanized if it can be adopted into a  
            suitable home.  Provides that adoptable animals include only  
            those animals eight weeks of age or older that, at or  
            subsequent to the time the animal is impounded have manifested  
            no sign of behavioral or temperamental defect that could pose  
            a health or safety risk or otherwise make the animal  
            unsuitable for placement as a pet, and have manifested no sign  
            of disease, injury, congenital or hereditary condition that  
            adversely affects the health of the animal or that is likely  
            to adversely affect the health of the animal in the future.   
            [Penal Code Section 599d(a).]

          5)Further states that it is the policy of California that no  








                                                                  AB 241
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            treatable animal should be euthanized.  States that a  
            treatable animal includes any animal that is not adoptable but  
            that could become adoptable with reasonable efforts.  [Penal  
            Code Section 599d(b).]

          6)Requires a notice with specified information to be posted to a  
            conspicuous place where the animal was situated stating the  
            grounds for believing the animal should be seized.  [Penal  
            Code Section 597.1(g)(1).]

          7)Requires the notice to state that the cost of caring for and  
            treating the animal is a lien on the animal and that any  
            animal shall not be returned to the owner until the charged  
            are paid.  [Penal Code Section 597(g)(1).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "A 'puppy mill'  
            is a large-scale commercial breeding facility that  
            mass-produces puppies for sale.'  The World Animal Foundation  
            explains that 'puppy mill kennels usually consist of small  
            wood and wire-mesh cages, or even empty crates or trailer  
            cabs, all kept outdoors, where female dogs are bred  
            continuously, with no rest between heat cycles.  The mothers  
            and their litters often suffer from malnutrition, exposure,  
            and lack of veterinary care.  

          "Continuous breeding takes its toll on the females; they are  
            killed at about age six or seven when their bodies give out,  
            and they can no longer produce enough litters.  The puppies  
            are taken from their mothers at the age of four to eight  
            weeks, and sold to brokers who pack them into crates for  
            transport and resale to pet shops.  Puppies being shipped from  
            mill to broker to pet shop can cover hundreds of miles by  
            pickup truck, tractor trailer, and/or plane, often without  
            adequate food, water, ventilation, or shelter.  

          "Between unsanitary conditions at puppy mills and poor  
            conditions in transport, only half of the dogs bred at mills  
            survive to make it to market.  Of those that eventually do  
            make it to stores, thousands of puppies each year are often  
            sold to 'impulse buyers' and ultimately end up in shelters.    
            Nearly one million dogs and cats land in California shelters  








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            every year, of whom approximately one-half are ultimately  
            euthanized.  

          "A criminal bust of a single puppy mill can yield massive  
            expenses to the state and local jurisdictions due to the cost  
            of shelter, food, and veterinary care.  A puppy mill bust last  
            year in which 249 animals were rescued in Buxton, Maine cost  
            the state $440,000.  Humane organizations in the region raised  
            approximately $70,000 in additional funds to assist with the  
            rescue operation.  

          "AB 241 will curb pet overpopulation, eliminate mass breeding  
            efforts, and save state and local jurisdictions vital dollars  
            during our ongoing economic crisis."

           2)Background  :  According to background information supplied by  
            the author, "The U.S. Department of Agriculture is tasked with  
            monitoring and inspecting kennels to ensure that they are not  
            violating the standards of the Animal Welfare Act (AWA.)   
            Unfortunately, kennel inspections are a low priority.  In the  
            U.S. there are more than 1000 research facilities, more than  
            2,800 exhibitors, and 4,500 dealers that are supposed to be  
            inspected each year.  There are three Animal and Plant Health  
            Inspection Service sector offices with a total of  
            approximately 70 veterinary inspectors who are supposed to  
            inspect, unannounced, the various types of facilities covered  
            by the AWA.  This means that 70 inspectors are expected to  
            cover more than 8,300 facilities nationwide.  

          "Two other states - Louisiana and Virginia - have laws that cap  
            the number of animals a breeder mazy maintain.  Twenty-nine  
            other states are also currently considering animal cap  
            legislation."  
           
           3)Other Facts Provided by the Sponsor  :  According to other  
            background information provided by the author:

             a)   The U.S. Department of Agriculture is tasked with  
               monitoring and inspecting kennels to ensure that they are  
               not violating the AWA standards.  Unfortunately, kennel  
               inspections are a low priority.  In the U.S. there are more  
               than 1,000 research facilities, more than 2,800 exhibitors  
               and 4,500 dealers that are supposed to be inspected each  
               year.  There are three Animal and Plant Health Inspection  
               Service sector offices with a total of a proximately 770  








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               veterinary inspectors who are supposed to inspect,  
               unannounced, the various types of facilities covered by the  
               AWA.   This means that 70 Inspectors are expected to cover  
               more than 8,300 facilities nationwide annually.

             "Two other states - Louisiana and Virginia - have laws that  
               cap the number of animals a breeder may maintain.   
               Twenty-nine other states are also currently considering  
               animal cap legislation.  

             b)   According to the sponsor, the U.S. Humane Society of the  
               United States, "AB 241 addresses the problems puppy mills  
               create by limiting the number of intact cats or dogs a  
               seller can maintain.  By limiting the number of animals who  
               can produce, this legislation will improve enforcement of  
               existing state law and enable animal control to  more  
               effectively and efficiently deal with complaints about dogs  
               and cats living in squalid conditions and receiving  
               inadequate care.  This legislation also addresses pet  
               overpopulation and the stress that large-scale breeders  
               place on animal shelters and our communities.

           4)Arguments in Support  :

             a)   According to the  Humane Society of the United States  ,  
               "AB 241 addresses the problems puppy mills create by  
               limiting the number of intact cats or dogs a seller can  
               maintain.  By limiting the number of animals who can  
               reproduce, this legislation will improve enforcement of  
               existing state law and enable animal control to more  
               effectively and efficiently deal with complaints about dogs  
               and cats living in squalid conditions and receiving  
               inadequate care.  This legislation also addresses pet  
               overpopulation and the stress that large-scale breeders  
               place on animal shelters and our communities."  
              
             b)   According to the  San Diego Animal Advocates  , "[w]e have  
               seen the cruel consequences and the huge financial costs to  
               taxpayers of pet overpopulation.  Puppy mills and kitten  
               mills are not only a huge part of that problem but are  
               inherently cruel in their practices.  AB 241 is an  
               important tool to curb this ugly business and stop the  
               suffering of innocent animals."  

             c)   According to  Last Chance for Animals  , "Although the U.S.  








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               Department of Agriculture licenses and inspects large scale  
               breeding operations, the current laws are insufficient in  
               addressing the pet overpopulation problem that plagues this  
               country.  If implemented, AB 241 will help curb pet  
               overpopulation, prevent animal cruelty and save taxpayer  
               money by reducing the number of cats and dogs euthanized in  
               local shelters.  The law will reach these goals by limiting  
               the number of intact cats and dogs a breeder may maintain  
               to 50.  By limiting the number of animals allowed in a  
               breeding situation, AB 241 makes the enforcement of state  
               animal welfare laws possible and efficient."  

             d)   According to  Born Free  , "Many animals sold in pet shops  
               have been bred in mills - outfits where animals are  
               mass-produced in often appalling conditions.  Puppy mills  
               are most commonly known; they are breeding facilities that  
               produce purebred puppies or trendy breed puppies such as  
               the 'cockapoo' (cocker spaniel and poodle mix) in large  
               numbers.  The puppies are sold either directly to the  
               public via the Internet, newspaper ads, at the mill itself,  
               or are sold to brokers and pet shops across the country.

             "The documented problems of puppy mills include  
               over-breeding, inbreeding, minimal veterinary care,  
               overcrowding of cages, poor quality of food and shelter,  
               lack of socialization with humans, and the killing of  
               unwanted puppies or adult animals that can no longer  
               reproduce.  

             "In spite of these awful conditions as well as the millions  
               of dogs put to death each year for lack of a home at local  
               animal shelters, puppy mills continue to churn out puppies.  
                By placing a cap in the number of animals that can be kept  
               at a facility, AB 241 will help to improve conditions at  
               these commercial breeding facilities, thereby helping  
               animals and protecting consumers."  

             e)   According to  Pet Overpopulation Task Force  , "In the year  
               2008, the City of Stockton Animal Shelter took in 6,430  
               dogs and 6,547 cats.  These numbers include puppies and  
               kittens.  Of the 12,997 dogs and cats taken in at our  
               shelter, 3,868 and 5,837 cats were euthanized.  The  
               opponents of this bill will tell you that most of the dogs  
               and cats killed at shelters are feral and not suitable for  
               adoption.  This simply is not true.  Many of these animals  








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               were healthy and docile but there simply were not enough  
               homes for them.  [I]t is time to look at and address the  
               facts of the pet overpopulation crisis and stop listening  
               to special interest groups that are selfishly protecting  
               their personal interests at the expense of mixed-breed  
               animals that have the misfortune of being born in a state  
               that is willing to spend a quarter of a billion dollars a  
               year to destroy unwanted animals."

           5)Arguments in Opposition  :

             a)   According to  PetPAC  , "While owning 50 intact dogs seems  
               excessive, there are a number of toy and small breeds that  
               rarely breed large numbers in their litters.  In many  
               instances, not all intact dogs are bred each year.  This  
               bill makes it a misdemeanor if one violates this provision.  
                It allows the officer to investigate books and records . .  
               . and allows the officer to confiscate animals.  

             "Because this is a criminal investigation, PetPAC feels this  
               section may be unconstitutional under self incrimination  
               and the 5th Amendment Sections of the United States  
               Constitution.  This bill may even violate illegal search  
               and seizure laws as well as Miranda warnings under statutes  
               of the State of California."

             b)   According to the  Animal Council  , "While this bill may be  
               intended to criminalize puppy mills and animal hoarding,  
               the proposed offense is only based on a person owning,  
               possessing, controlling or otherwise having charge or  
               custody of more than a combined total of 50 unsterilized  
               dogs and cats at any time used for purposes of breeding or  
               raising such dogs or cats for sale as pets, or for the  
               purposes of producing offspring from such dogs or cats for  
               sale as pets.  Does this mean that all 50 must have  
               actually been bred and produced offspring or that they are  
               unsterilized and therefore potentially usable to do so?  If  
               the latter, then there is no maturity threshold so that  
               younger animals being kept for evaluation as breeding stock  
               or even awaiting placement as pets would be excluded from  
               this cap.  

             "In fact, commercial breeding of dogs based on a business  
               model requires limiting mature animals kept and selling  
               offspring at wholesale to contain economic risk of the cost  








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               of carrying 'inventory' beyond the minimum saleable age.   
               This requires a USDA license and is rare in California for  
               reasons not limited to cost of real estate, transportation  
               and labor.  Hoarding is not merely keeping a large number  
               of animals but lacking the combined means - financial,  
               physical, managerial or psychological to care for them  
               adequately regardless of whether breeding is involved.  

             "2009 is the first time we have ever seen legislative  
               proposals to regulate dog or cat owners based on a cap of  
               unaltered animals, so this is a novel and untried concept,  
               particularly if applied to economically viable businesses  
               conducted under satisfactory husbandry standards.  Would we  
               limit dairies the number of cows or factories the number of  
               producing machines?  No, because there are other ways to  
               regulate business as to safety and quality standards.  As  
               to animals, California already has such statutes in  
               addition to many local ordinances.  AB 241 would create an  
               unworkable, difficult to ascertain standard for a criminal  
               offense that is not rationally linked to criminal activity  
               or conduct of an economically viable business."

             c)   According to  California Responsible Pet Owners  
               Coalition  , "AB 241 is vague in intent, definition and  
               application.  It seeks to create a new misdemeanor and  
               criminal offense prohibiting anyone who buys or sells dogs  
               or cats from owning, possessing, controlling or otherwise  
               having charge or custody of more than a combined total of  
               50 intact dogs and/or cats.  The vagaries of the bill's  
               language opens the door to potential abuse of power,  
               invasive investigation, and arbitrary enforcement.  

             "By adding to the Penal Code as proposed, AB 241 is taking an  
               inappropriate approach to attempt to address issues of care  
               and husbandry.  This proposal mandates new regulations to  
               state and/or local agencies yet denies reimbursement by the  
               state for implementation.  

             "Limit laws like the 50-dog limit contained in AB 241 are  
               based on arbitrary numbers and have been found to be  
               unenforceable as well as vulnerable to court challenges.  

             "Responsible pet and hobby breeders should be treated as  
               partners in helping to improve kennel standards and to  
               eliminate negligent breeders.  Instead, this bill threatens  








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               to alienate the very community that can help most.  

             "What is needed is appropriate enforcement of existing  
               cruelty and nuisance laws to crack down on those who  
               disobey the law, not more regulation for reasonable  
               law-abiding citizens."

             d)   According to the  Cat Fanciers' Association, Inc.,  (CFA),  
               "This criminal bill is based on a cap on owning 50  
               unaltered cats.  It is virtually impossible to breed  
               pedigreed cats as an economically viable business; i.e., a  
               'kitty mill' so this bill would more likely ensnare  
               citizens trying to care for unaltered feral or neighborhood  
               cats, criminalizing a labor of love.  Capping unaltered  
               animals is a new policy concept and the likelihood of  
               lowering a cap will be a liability to both our constituent  
               hobby breeders as well as community cat caretakers.   
               Finally, creating a new misdemeanor crime adds unfunded  
               costs to the criminal justice system without offsetting  
               benefits.  

             "CFA is a non-profit organization founded in 1906.  Part of  
               CFA's mission is to enhance the well-being of all cats.   
               CFA participants, who breed and show pedigreed cats, are  
               active in cat health promotion, cat breed rescue, shelter  
               support and other animal related programs throughout the  
               world."  

             e)   According to the  German Shepherd Dog Club of America  ,  
               "AB 241, the Responsible Breeder Act of 2009 is attempting  
               to bypass the inherent financial problems by adding it to  
               the Penal Code.  Nevertheless, this does mandate new  
               regulations to a state or local agency, probable budget  
               shortfalls and future requests for reimbursement by the  
               state.

             "AB 241 creates a new misdemeanor offense prohibiting anyone  
               who buys or sells dogs or cats from owning, possessing,  
               controlling or otherwise having charge or custody of more  
               than a combined total of 50 dogs and cats with intact  
               sexual organs.  This would incur abuse of power, invasive  
               investigation and arbitrary enforcement.  The bill is vague  
               in intent and in definition.

             "Limit laws, like the 50-dog limit contained in AB 241 are  








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               based on an arbitrary number and have been found to be  
               unenforceable and vulnerable to court challenges.  

             "Responsible breeders should be treated as partners in  
               helping to improve kennel standards and eliminate negligent  
               breeders, but this bill threatens to alienate the very  
               community that can be of the most help.  

             "What is needed is greater enforcement of existing cruelty  
               and nuisance laws to find those who disobey the law, not  
               more regulation for law-abiding citizens.  Please be fair  
               and thoughtful as you consider this bill."  

              f)   Peggy Ruchter  states "this bill omits to address the age  
               of such animals.  Consequently, an owner of a boarding and  
               training kennel which nay have charge or custody of 30  
               adult animals could also have one litter of 14 puppies  
                                                                                  under one week of age and one litter of 10 kittens and be  
               in violation of this law.  A training facility for dogs  
               such as military working dogs or service dogs would also be  
               in violation.  Rescues funded other than through the public  
               would be in violation.  This has the unintended penalty for  
               those whose animals are not contributing to shelter  
               populations and there is no benefit to the public in so  
               restricting them.  

             "[O]ne has to wonder if the intent is to simply force all  
               ownership of intact animals to either Government-run  
               shelters or commercial Pet stores who obtain their animals  
               from out of state . . . . "

              g)   Oneta Cox  states, "This week a TV news report showed  
               about 2,000 people standing in front of the Capitol  
               picketing against cuts to education and school funding  
               across the State.  And State Legislators are proposing law  
               after law about . . . whether cats and dogs get to keep  
               their sexual organs?"

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Society for the Protection of
            Cruelty Against Animals (Co-Sponsor)
          Humane Society of the United States (Co-Sponsor)








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          Social Compassion in Legislation (Co-Sponsor)
          Born Free
          California Peace Officers' Association
          California Police Chiefs Association
          Compassion for Animals
          Henry T. Perea, Council Member, 
            7th District, City of Fresno
          Humane Society Veterinary Medical Association
          Last Chance for Animals
          Madera County Animal Services
          PawPAC
          Pet Care Foundation
          Pet Overpopulation Task Force of Stockton
          Placer County Animal Shelter
          San Diego Animal Advocates
          San Diego Animal Advocates
          Shasta Animal Welfare Foundation
          Stockton Police Department
          United Animal Nations
          14 private individuals

           Opposition 
           
          Animal Council 
          American Kennel Club
          California Federation of Dog Clubs
          Cat Fanciers' Association
          Feline Friends International
          German Shepherd Dog Club of America
          Golden Retriever Club of Greater
            Los Angeles
          Miniature Schnauzer Club of
            Northern California
          PetPAC
          We the People for Pets
          United States Society for the Prevention
            of Cruelty to Others
          Five private individuals
           

          Analysis Prepared by  :    Kathleen Ragan / PUB. S. / (916)  
          319-3744