BILL ANALYSIS
AB 1122
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1122 (Lieu) - As Amended: April 23, 2009
Policy Committee: Business and
Professions Vote: 7 - 3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits the sale of pet animals on roadsides or in
other outdoor venues. Specifically, this bill:
1)Prohibits the sale of a live animal on any street, highway,
public right-of-way, commercial parking lot, or at any outdoor
special sale, swap meet, flea market, parking lot sale,
carnival, or boardwalk.
2)Makes such a sale an infraction punishable by a fine not to
exceed $250 for a first offense.
3)Makes second and subsequent offenses a misdemeanor and
punishable by a fine of up to $1,000 per violation
4)Does not apply to events held by 4-H Clubs, Junior Farmers
Clubs or Future Farmers Clubs, state or county fairs,
livestock consignment sales, public animal control agencies or
shelters, rescue groups, federally regulated stockyards, or
regulated live animal markets
FISCAL EFFECT
Negligible, non-reimbursable costs for prosecution offset by
fine revenue for misdemeanor violations of provisions associated
with the second and subsequent violations of prohibitions
against selling animals on roadsides or at swap meets.
COMMENTS
1)Purpose . According to the author, there is a growing concern
AB 1122
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with the sale of pets along streets and at flea markets.
Several counties, including Sacramento, Los Angeles, and San
Jose have responded to this concern by passing local
ordinances to restrict their sale. The author is concerned
that many of the animals sold at these venues are mistreated,
ill, and/or diseased. The author notes that the tremendous
cost for veterinary care for these animals often leads to them
being abandoned or surrendered to animal shelters.
Current law requires pet stores that sell pets to abide by
certain animal welfare standards that promote the proper care
and treatment of the animals, thus reducing the risk of
disease. However, this law does not apply to the sale of
animals at flea markets, swap meets, or along the roadside.
2)Support . In support of the bill, the American Society for the
Prevention of Cruelty to Animals notes that the absence of
effective regulations has resulted in pet animals being sold
in terrible conditions, including unsanitary crowded cages and
without food and/or water. They believe that this bill would
alleviate the suffering of these animals while they are
awaiting sale.
3)Opposition . In opposition to the bill, the California Swap
Meet Owners Association notes that the swap meet owners have
continually argued to be treated as other retail entities
would. Therefore, the Legislature should create a set of
standards so that they can be given the opportunity to sell
these animals in a safe and healthy environment. They argue
that it is unfair to simply impose a blanket prohibition.
4)Related Legislation . AB 1347 (Caballero; Chapter 703, Statutes
of 2007) enacts the Pet Store Animal Care Act, which
establishes procedures for the care and maintenance of animals
in the custody of a pet store, and places limitations on the
sale or transfer of those animals.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081