BILL NUMBER: AB 339	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2013

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 13, 2013

   An act to  amend Section 597.4 of the Penal Code, relating
to malicious mischief.   add Chapter 10 (commencing
with Section 122370) to Part 6 of Division 105 of the Health and
Safety Code, relating to the sale of animals. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 339, as amended, Dickinson.  Malicious mischief: live
animals.   Sale of animals at swap meets.  
   Existing law generally regulates the operation of swap meets, flea
markets, and open-air markets where personal property is exchanged,
sold, or offered for sale or exchange. Existing law also regulates
food vendors operating at swap meets.  
   This bill would authorize, subject to exceptions and commencing
January 1, 2016, a swap meet operator to permit a vendor to offer
animals for sale at a swap meet provided the local jurisdiction has
adopted certain standards for the care and treatment of those animals
during the time that the animals are present at the swap meet and
transported to and from the swap meet. These provisions would not
apply to the sale of a particular species of animal if a local
jurisdiction has adopted a local ordinance prior to January 1, 2013,
that applies specifically to the sale of that particular species of
animal at swap meets. The bill would provide that a swap meet vendor
who offers animals for sale at a swap meet in violation of the
requirements of this bill would be guilty of an infraction punishable
by a fine not to exceed $250 for the first violation, or, if the
animal suffers or is endangered, or for a 2nd or subsequent
violation, a fine not to exceed $1,000. By creating new crimes, the
bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law makes it a crime to willfully sell 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.
Existing law also makes it a crime to willfully display or offer for
sale, or display or offer to give away as part of a commercial
transaction, a live animal, if the act of selling or giving away the
live animal is to occur on any street, highway, public right-of-way,
parking lot, carnival, or boardwalk. A person who violates these
provisions for the first time is generally guilty of an infraction
punishable by a fine not to exceed $250. A person who violates these
provisions a 2nd or subsequent time, or who violates these provisions
the first time and by that violation causes or permits an animal to
suffer or be injured or to be placed in a situation in which the
animal's life or health may be endangered, is guilty of a misdemeanor
punishable by a fine not to exceed $1,000 per violation. 

   Existing law regulates vendors and operators of certain swap
meets. A swap meet is defined for purposes of these provisions to
include a flea market or open-air market and to mean an event at
which 2 or more persons offer merchandise for sale or exchange and
(1) imposes a fee for the privilege of offering or displaying
merchandise for sale or exchange, (2) charges a fee to prospective
buyers for parking or admission, or (3) is an event that is held more
than 6 times in a 12-month period. A violation of these provisions
is a misdemeanor, except as specified.  
   This bill would make it a crime to willfully sell or give away as
part of a commercial transaction a live animal, at a swap meet or to
willfully display or offer for sale, or display or offer to give away
as part of a commercial transaction, a live animal, if the act of
selling or giving away the live animal is to occur at a swap meet. By
creating new crimes, the bill would impose a state-mandated local
program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 10 (commencing with Section
122370) is added to Part 6 of Division 105 of the   Health
and Safety Code   , to read:  
      CHAPTER 10.  SALE OF ANIMALS AT SWAP MEETS


   122370.  A swap meet operator may permit a vendor to offer animals
for sale at a swap meet provided the local jurisdiction has adopted
standards for the care and treatment of those animals during the time
that the animals are present at the swap meet and transported to and
from the swap meet. This chapter does not apply to the sale of a
particular species of animal if a local jurisdiction has adopted a
local ordinance prior to January 1, 2013, that applies specifically
to the sale of that particular species of animal at swap meets.
   122371.  Any ordinance adopted pursuant to Section 122370 shall,
at a minimum, require the swap meet vendor to do all of the
following:
   (a) Maintain the facilities used for the keeping of animals in a
sanitary condition.
   (b) Provide proper heating and ventilation for the facilities used
for the keeping of animals.
   (c) Provide adequate nutrition for, and humane care and treatment
of, all animals that are under his or her care and control.
   (d) Take reasonable care to release for sale, trade, or adoption
only those animals that are free of disease or injuries.
   (e) Provide adequate space appropriate to the size, weight, and
species of animals.
   (f) Have a documented program of routine care, preventative care,
emergency care, disease control and prevention, and veterinary
treatment and euthanasia that is established and maintained by the
vendor in consultation with a licensed veterinarian employed by the
vendor or a California-licensed veterinarian, to ensure adherence to
the program with respect to each animal. The program shall also
include a documented onsite visit to the swap meet premises by a
California-licensed veterinarian at least once a year.
   (g) Provide buyers of an animal with general written
recommendations for the generally accepted care of the type of 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 vendor and may
include references to Internet Web sites, books, pamphlets, videos,
and compact discs.
   (h) Present for inspection and display a current business license
issued by the local jurisdiction where the animals are principally
housed.
   (i) Maintain records for identification purposes of the person
from whom the animals offered for sale were acquired, including that
person's name, address, e-mail address, and telephone number and the
date the animals were acquired.
   122372.  (a) (1) A swap meet vendor who offers animals for sale at
a swap meet in a local jurisdiction that has not adopted an
ordinance authorizing that sale, is guilty of an infraction
punishable by a fine not to exceed two hundred fifty dollars ($250).
   (2) A swap meet vendor who (A) violates paragraph (1) 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, or (B)
violates paragraph (1) for a second or subsequent time, is guilty of
an infraction punishable by a fine not to exceed one thousand
dollars ($1,000) per violation. The court shall weigh the gravity of
the violation in setting the amount of the fine.
   (b) 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.
   122373.  This chapter shall not apply to the following:
   (a) Events held by 4-H Clubs, Junior Farmers Clubs, or Future
Farmers Clubs.
   (b) The California Exposition and State Fair, district
agricultural association fairs, or county fairs.
   (c) Stockyards with respect to which the Secretary of the United
States Department of Agriculture has posted notice that the
stockyards are regulated by the federal Packers and Stockyards Act of
1921 (7 U.S.C. Sec. 181 et seq.).
   (d) 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 equines on consignment at any public equine
sales market.
   (e) Live animal markets regulated under Section 597.3 of the Penal
Code.
   (f) 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 Agricultural 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 the previous owner.
   (g) The sale of fish or shellfish, live or dead, from a fishing
vessel or registered aquaculture facility, at a pier or wharf, or at
a farmer's market by any licensed commercial fisherman or an owner or
employee of a registered aquaculture facility to the public for
human consumption.
   (h) A cat show, dog show, or bird show, provided that all of the
following circumstances exist:
   (1) The show is validly permitted by the city or county in which
the show is held.
   (2) The show's sponsor or permittee ensures compliance with all
federal, state, and local animal welfare and animal control laws.
   (3) 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.
   (4) The sale of a cat, dog, or bird occurs only on the premises
and within the confines of the show.
   (5) The show is a competitive event where the cats, dogs, or birds
are exhibited and judged by an established standard or set of ideals
established for each breed or species.
   (i) A pet store as defined in subdivision (i) of Section 122350.
   (j) Any reptile and aquatic trade show, provided all of the
following circumstances exist:
   (1) The show is validly permitted by the city or county in which
the show is held.
   (2) The show's sponsor or permittee ensures compliance with all
federal, state, and local animal welfare and animal control laws.
   122374.  This chapter shall become operative on January 1, 2016.

   SEC.   2.    No reimbursement is required by
this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 597.4 of the Penal Code is
amended to read:
   597.4.  (a) It shall be unlawful for any person to willfully do
either of the following:
   (1) Sell 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, or at a swap meet as defined in Section 21661
of the Business and Professions Code.
   (2) Display or offer for sale, or display or offer to give away as
part of a commercial transaction, a live animal, if the act of
selling or giving away the live animal is to occur on any street,
highway, public right-of-way, parking lot, carnival, or boardwalk, or
at a swap meet as defined in Section 21661 of the Business and
Professions Code.
   (b) (1) A person who violates this section for the first time
shall be guilty of an infraction punishable by a fine not to exceed
two hundred fifty dollars ($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.
   (3) A person who violates this section for a second or subsequent
time shall be guilty of a misdemeanor.
   (c) A person who is guilty of a misdemeanor violation of this
section shall be punishable by a fine not to exceed one thousand
dollars ($1,000) per violation. The court shall weigh the gravity of
the violation in setting the fine.
   (d) 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.
   (e) This section 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 United
States Department of Agriculture has posted notice that the
stockyards are regulated by the federal Packers and Stockyards Act,
1921 (7 U.S.C. Sec. 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 equines 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 Agricultural 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 the previous owner.
   (7) The sale of fish or shellfish, live or dead, from a fishing
vessel or registered aquaculture facility, at a pier or wharf, or at
a farmer's market by any licensed commercial fisherman or an owner or
employee of a registered aquaculture facility to the public for
human 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) The show's sponsor or permittee ensures compliance with all
federal, state, and local animal welfare and 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.
   (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 ideals
established for each breed or species.
   (9) A pet store as defined in subdivision (i) of Section 122350 of
the Health and Safety Code.
   (f) Nothing in this section 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 597l
of this code.
   (g) Nothing in this section limits or authorizes any act or
omission that violates Section 597 or 597l, or any other local,
state, or federal law. The procedures set forth in this section 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 Section 597 or 597l, 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.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.