BILL ANALYSIS
AB 241
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 241 (Nava)
As Amended August 24, 2009
Majority vote
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|ASSEMBLY: |60-14|(May 21, 2009) |SENATE: |25-9 |(September 2, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it a misdemeanor for an individual or business
entity that buys or sells dogs or cats to have more than a
combined total of 50 adult unsterilized dogs and cats, as
specified.
The Senate amendments :
1)State that nothing in this section shall be construed to prevent
a city, county, or city and county from adopting or enforcing
any local laws that may contain more restrictive provisions
relating to the possession of unsterilized dogs and cats than
those contained in this section.
2)Clarify that only "adult" unsterilized dogs or cats shall be
subject to the prohibition.
3)Make it a misdemeanor to act in concert with another person or
to voluntarily assist a business entity in violating the
prohibition.
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
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the validity of a seizure or impoundment of the animal(s).
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.
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.
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.
5)Further states that it is the policy of California that no
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.
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.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided 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
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as pets.
2)Stated 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)Stated that if necessary, any euthanasia procedures shall be
performed by a licensed California veterinarian.
4)Provided 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)Stated 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.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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
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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.
"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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916) 319-3744
FN: 0002430