BILL ANALYSIS
AB 241
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 241 (Nava) - As Amended: April 13, 2009
Policy Committee: Public
SafetyVote: 5-2
Judiciary 8-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill, titled the Responsible Breeder Act of 2009, makes it
a misdemeanor, punishable by up to six months in county jail
and/or a fine of up to $1,000, to own, possess, or otherwise
have custody of more than 50 unsterilized dogs or cats at any
time for the purpose of breeding or raising them for sale as
pets.
The Act does not apply to a publicly owned animal control
facility, a private animal shelter, a veterinary facility, or a
research facility, as specified.
FISCAL EFFECT
Minor nonreimbursable local law enforcement and incarceration
costs, offset to a degree by increased fine revenue.
COMMENTS .
1)Rationale . The author's intent is to crack down on puppy and
kitten mills, which produce large numbers of puppies and
kittens, often in less than ideal conditions.
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
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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 every year,
of whom approximately one-half are ultimately euthanized?
"AB 241 will curb pet overpopulation, eliminate mass breeding
efforts, and save state and local jurisdictions vital dollars
during our ongoing economic crisis."
2)Supporters , generally animal rights advocates, contend this
bill addresses mistreatment of animals. 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."
3)Opponents , generally pet breeders, contend this bill is
overbroad and intrusive. According to the Animal Council,
"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
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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."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081