BILL ANALYSIS
AB 1122
Page 1
ASSEMBLY THIRD READING
AB 1122 (Lieu)
As Amended May 14, 2009
Majority vote
BUSINESS & PROFESSIONS 7-3 APPROPRIATIONS 11-2
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|De Leon, Ammiano, Charles |
| |Nava, | |Calderon, Davis, Fuentes, |
| |John A. Perez, Ruskin, | |Hall, John A. Perez, |
| |Smyth | |Price, Skinner, Solorio, |
| | | |Torlakson |
| | | | |
|-----+--------------------------+-----+---------------------------|
|Nays:|Emmerson, Conway, Niello |Nays:|Nielsen, Duvall |
| | | | |
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SUMMARY : Prohibits the sale of pet animals on roadsides or in
other outdoor venues, as specified. Specifically, this bill :
1)Prohibits a commercial transaction involving a live animal on
any street, highway, public right-of-way, commercial parking
lot, or at any outdoor special sale, parking lot sale,
carnival, or boardwalk.
2)Makes such a sale an infraction punishable by a fine not to
exceed $250.
3)Does not apply to events held by specified 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 as
specified.
EXISTING LAW proscribes animal abuse, as specified, including
the failure to maintain and care for the premises and animals at
pet shops, and generally provides that a pet store shall not
sell any dog or cat under eight weeks of age, but may sell a dog
or cat over eight weeks of age if the animal is weaned.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible, non-reimbursable costs for prosecution
AB 1122
Page 2
offset by fine revenue for misdemeanor violations of provisions
associated with the second and subsequent violations of
prohibitions against selling animals on roadsides.
COMMENTS : According to the author's office, "There is a
growing concern with the sale of pets along streets?and other
outdoor venues. Numerous local governments have enacted
ordinances addressing this issue - Sacramento, Los Angeles, and
San Jose Counties all currently restrict the sale of animals at
flea markets, swap meets, and roadsides.
"In California, backyard breeding and puppy mills present a
significant problem with ensuring the health and safety of our
animal population. Currently the result of these unregulated
and irresponsible breeding practices is the sale of young
animals on roadsides and store fronts.
"California law provides that pet stores that sell animals must
abide by animal welfare standards to protect the health and
safety of the animals. These regulations promote proper care
and treatment and reduce the risk of disease outbreaks. This
law does not apply to the sale of animals at flea markets, swap
meets, and/or roadside venues.
"Unfortunately, roadside pet sales offer low prices for designer
breeds, presenting deals that are too good to be true. Often
times these animals are sick which can result in significant
financial costs for treatment and sometimes death of the animal.
Consumers have no recourse if the animal is sick or it dies
because there is no way to track the seller."
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301
FN: 0000888