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 ------------------------------------------------------------------ |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 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