BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1122|
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THIRD READING
Bill No: AB 1122
Author: Lieu (D), et al
Amended: 6/29/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 7/7/09
AYES: Leno, Benoit, Hancock, Steinberg, Wright
NOES: Huff
NO VOTE RECORDED: Cedillo
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 52-19, 5/28/09 - See last page for vote
SUBJECT : Animal abuse: sale of live animals
SOURCE : ASPCA
DIGEST : This bill prohibits the sale of live animals on
any street, highway, public right-of-way, parking lot,
carnival, or boardwalk.
ANALYSIS : Existing law provides, except as otherwise
provided, every person who maliciously and intentionally
maims, mutilates, tortures or wounds a living animal, or
maliciously and intentionally kills an animal, is guilty of
an offense punishable in the state prison, or by a fine of
not more than $20,000, or both the fine and imprisonment;
or, alternatively, by imprisonment in a county jail for not
more than one year, or by a fine of not more than $20,000
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or by both the fine and imprisonment. (Penal Code Section
597(a).)
Existing law states that any person who overdrives,
overloads, drives when overloaded, overworks, tortures,
torments, deprives of necessary sustenance, drink or
shelter, any animal, and whoever, having the charge or
custody of the animal either as owner or otherwise,
subjects any animal to needless suffering, or inflects
unnecessary cruelty upon the animal, or in any manner
abuses the animal or uses the animal when unfit for labor
is, for every such offense, guilty of a crime punishable as
a misdemeanor or felony or alternatively punishable as a
misdemeanor or felony and by a fine of not more than
$20,000. (Penal Code Section 597(b).)
Existing law provides that no slaughterhouse that is not
inspected by the United States Department of Agriculture
(USDA), stockyard, or auction shall buy, sell, or receive a
nonambulatory animal. (Penal Code Section 599 f(a).)
Existing law provides that it is a misdemeanor punishable
by a fine of up to $1,000 plus penalty assessments and/or
up to 90 days in jail for any person who operates a pet
shop to fail to do all of the following:
1.Maintain the facilities used for the keeping of pet
animals in a sanitary condition.
2.Provide proper heating and ventilation for the facilities
used for the keeping of pet animals.
3.Provide adequate nutrition for, and humane care and
treatment of, all pet animals under his or her are and
control.
4.Take reasonable care to release for sale, trade, or
adoption only those pet animals that are free of disease
or injuries.
5.Provide adequate space appropriate to the size, weight,
and species of pet animals. (Penal Code Section 597
l(a).)
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Existing law provides that sellers of pet animals shall
provide buyers of a pet animal with general written
recommendations for the generally accepted care of the
class of pet animal sold, including recommendations as to
the housing, equipment, cleaning, environment, and feeding
of the animal. This written information shall be in a form
determined by the sellers of pet animals and may include
references to web sites, books, pamphlets, videos, and
compact discs. Charges against a seller of pet animals for
a first violation of the provisions of this subdivision
shall be dismissed if the person charged produces in court
satisfactory proof of compliance. A second or subsequent
violation is an infraction punishable by a fine not to
exceed $250. (Penal Code Section 597 l(b)(1).)
Existing law in the Lockyer-Polanco-Farr Pet Protection Act
regulates the sale of dogs and cats by pet dealers and
provides for civil penalties in the amount of up to $1,000
for violations of the Act. The civil penalty may be
enforced by the local district attorney or city attorney.
(Health and Safety Code Section 122320 et seq.)
Existing law further provides that no pet dealer shall
knowingly sell a dog that is diseased, ill, or has a
condition, any one of which requires hospitalization or
surgical procedures. In lieu of the civil penalties
imposed pursuant to Section 122150, any pet dealer who
violates this section shall be subject to a civil penalty
of up to $1,000, or shall be prohibited from selling dogs
at retail for up to 30 days, or both. If there is a second
offense, the pet dealer shall be subject to a civil penalty
of up to $2,500, or a prohibition from selling dogs at
retail for up to 90 days, or both. For a third offense,
the pet dealer shall be subject to a civil penalty of up to
$5,000 or a prohibition from selling dogs at retail for up
to six months, or both. For a fourth and subsequent
offense, the pet dealer shall be subject to a civil penalty
of up to $10,000 or a prohibition from selling dogs at
retail for up to one year, or both. For purposes of this
section, a violation that occurred over five years prior to
the most recent violation shall not be considered. An
action for recovery of the civil penalty and for a court
order enjoining the pet dealer from engaging in the
business of selling dogs at retail for the period et forth
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in this section, may be prosecuted by the district attorney
for the county where the violation occurred, or the city
attorney for the city where the violation occurred, in the
appropriate court. (Health and Safety Code Section
122205.)
This bill provides that it shall be unlawful for any person
to willfully sell, display for sale or offer for sale or
give away as part of a commercial transaction, a live
animal on any street, highway, public right-of-way, parking
lot, carnival, or boardwalk. The penalty shall be as
follows:
1.For the first offense the person shall be guilty of an
infraction punishable by a fine not to exceed $250.
2.A person who violates this section for the first time and
by that violation either causes or permits any animal to
suffer or be injured, or causes or permits any animal to
be placed in a situation in which its life or health may
be endangered, shall be guilty of a misdemeanor
punishable by a fine not to exceed $1,000.
3.A person who violates this section for a second or
subsequent time shall be guilty of a misdemeanor
punishable by a fine not to exceed $1,000.
This bill provides that a notice describing the charge and
the penalty for a violation of this section may be issued
by any peace officer; animal control officer, as defined in
Section 830.9; or humane officer qualified pursuant to
Section 14502 or 14503 of the Corporations Code.
This bill provides that the section it creates shall not
apply to the following:
1.Events held by 4-H Clubs, Junior Farmers Clubs, or Future
Farmers clubs.
2.The California Exposition and State Fair, district
agricultural association fairs, or county fairs.
3.Stockyards with respect to which the Secretary of the
USDA has posted notice that the stockyards are regulated
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by the federal Packers and Stockyards Act (7 U.S.C.
Section 181 et seq.).
4.The sale of cattle on consignment at any public cattle
sales market; the sale of sheep on consignment at any
public sheep sales market; the sale of swine on
consignment at any public swine sales market; the sale of
goats on consignment at any public goat sales market; and
the sale of equine on consignment at any public equine
sales market.
5.Live animal markets regulated under Section 597.3.
6.A public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane
society shelter, or rescue group regulated under Division
14 (commencing with Section 30501) of the Food and
Agriculture code. For purposes of this section, "rescue
group" is a not-for-profit entity whose primary purpose
is the placement of dogs, cats, or other animals that
have been removed from a public animal control agency or
shelter, society for the prevention of cruelty to animals
shelter, or humane society shelter, or that have been
surrendered or relinquished to the entity by a previous
owner.
7.The sale of fish or shellfish, live or dead, from a
fishing vessel, at a pier, wharf, or at a farmer's market
by any licensed commercial fishermen to the public for
humane consumption.
8.A cat show, dog show, or bird show provided that all of
the following circumstances exist:
A. The show is validly permitted by the city or
county in which the show is held.
B. Each and every participant in the show complies
with all federal, state and local animal control
laws.
C. The participant has written documentation of the
payment of a fee for the entry of his or her cat,
dog, or bird in the show.
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D. The sale of a cat, dog, or bird occurs only on the
premises and within the confines of the show.
E. The show is a competitive event where the cats,
dogs, or birds are exhibited and judged by an
established standard or set of ideas established for
each breed or species.
This bill provides that nothing in this bil shall be
construed to in any way limit or affect the application or
enforcement of any other law that protects animals or the
rights of consumers, including, but not limited to, the
Lockyer-Polanco-Farr Pet Protection Act contained in
Article 2 (commencing with Section 122125) of Chapter 5 of
Part 6 of Division 105 of the Health and Safety Code, or
Sections 597 and 5971 of this code.
This bill provides that nothing in this bill limits or
authorizes any act or omission that violates Section 597 or
5971 of this code, or any other local, state, or federal
law. The procedures set forth in this bill shall not apply
to any civil violation of any other local, state, or
federal law that protects animals or the rights of
consumers, or to a violation of Sections 597 or 5971 of
this code, which is cited or prosecuted pursuant to one or
both of those sections, or to a violation of any other
local, state, or federal law that is cited or prosecuted
pursuant to that law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/18/09)
ASPCA (source)
Animal Place
Born Free USA
California Animal Association
California Animal Control Directors Association
California Federation for Animal Legislation
East Bay Animal Advocates
Haven Humane Society
House Rabbit Society
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Humane Society Veterinary Medical Association
Lake Tahoe Humane Society and S.P.C.A.
League of Humane Voters
Orange County People for Animals
PAWPAC
Parrots First
Sacramento Council of Dog Clubs, Inc.
San Francisco SPCA
State Humane Association of California
The Human Society of the United States
United Animal Nations
Valley Animal Center
ARGUMENTS IN SUPPORT : According to the ASPCA in support
of this bill, "There is growing evidence that pet animals
are increasingly being sold at flea markets, swap meets,
and other outdoor venues. The absence of effective
regulations has resulted in puppies, kittens and other pet
animals being sold in terrible conditions - including
unsanitary crowded pens or cages, without food and/or
water, in extreme heat. This bill would alleviate the
suffering of these animals while they are awaiting sale.
"There are no public health and safety issues posed by the
sale of animals at temporary retail venues. The Centers
for Disease Control estimates that 93,000 salmonella cases
caused by exposure to reptiles are reported each year in
the U.S. And it takes only one undetected bird, infected
with psittacosis, for example, to start an outbreak
epidemic.
"Pet stores that sell animals have to abide by animal
welfare standards to protect the health and safety of the
animals. However, no state law protects animals sold at
roadsides, swap meets or parking lots."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Beall, Blakeslee, Block,
Blumenfield, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Cook, Coto, Davis, De La
Torre, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Furutani, Hall, Hayashi, Hernandez, Hill,
Huffman, Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma,
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Mendoza, Monning, Nava, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Skinner, Smyth,
Solorio, Swanson, Torlakson, Torrico, Yamada, Bass
NOES: Anderson, Arambula, Tom Berryhill, Conway, DeVore,
Fuller, Gaines, Galgiani, Gilmore, Hagman, Huber, Knight,
Logue, Miller, Niello, Nielsen, Torres, Tran, Villines
NO VOTE RECORDED: Bill Berryhill, Duvall, Garrick, Harkey,
Jeffries, Nestande, Saldana, Silva, Audra Strickland
RJG:cm 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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