BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1122
                                                                  Page  1

          AB 1122 (Lieu)
          As Amended  May 14, 2009
          Majority vote 

           BUSINESS & PROFESSIONS     7-3  APPROPRIATIONS      11-2        
          |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            |
          |     |                          |     |                           |

           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  

           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