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
                                                                  Page  2

            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