BILL ANALYSIS Ó
AB 339
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 339 (Dickinson) - As Introduced: February 13, 2013
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands the current prohibition on selling or giving
away a live animal on a street, highway, parking lot, or
carnival, to include swap meets. The offense is punishable as an
infraction, with a fine of up to $250, unless the violation
causes the animal to be injured or endangered, in which case the
offense is a misdemeanor, punishable by up to six months in
county jail and/or a fine of up to $1,000. Subsequent violations
are misdemeanors.
The bill includes numerous exceptions for such cases as junior
farmer clubs, fairs, livestock, public animal agencies, fish on
a wharf, and permitted animal shows.
FISCAL EFFECT
Minor local costs, offset by increased fine revenue. County jail
incarceration is unlikely except for the most egregious cases.
COMMENTS
1)Rationale . According to the author, "Animals are currently
being sold at flea markets and swap meets in often abysmal
conditions where there is no legal oversight of the seller and
no consumer accountability. AB 339 would prohibit the sale of
animals at swap meets and flea markets to alleviate the
suffering of these animals, ensure that public health and
safety is protected, and safeguard consumers.
"Laws that apply to pet shop do not apply to the sale of
animals at flea markets and swap meets. Swap meets and flea
AB 339
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markets have also historically been prime outlets for the sale
of smuggled birds presenting conservation, welfare and disease
risk concerns. The bargain-sales atmosphere of flea markets
and swap meets encourages impulse-buying and leads to
increased costs to local government for sheltering discarded
animals."
2)Supporters include a long list of animal rights organizations.
For example, according to the American Society for the
Prevention of Cruelty to Animals, "Unregulated animal sales
are not only an animal welfare problem; they pose problems for
consumers and threaten public health. Many of these animals
are bred and raised in poor conditions, drastically increasing
the likelihood that the animal is sick at the time of the
sale?. Additionally, dogs and cats sold in this manner are
usually not spayed or neutered, so they increase the
probability of contributing to the pet overpopulation problem
that leads to tens of thousands of homeless animals being
euthanized in California every year."
3)Opponents , swap meet operators, contend they should be treated
as other retail entities. According to the California Swap
Meet Owners Association, "It is our understanding that the
sponsors of the bill want to ensure that the health and
welfare of animals are protected and that the proper treatment
and care for animals is provided - similar to the regulations
California provides for pet stores. We agree with this premise
and would be willing to abide by criteria and standards to
ensure these protections of animals are met at our
facilities."
4)Current law makes animal neglect, as specified, an alternate
felony/misdemeanor. This bill does not preclude prosecution
for animal neglect.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081