BILL ANALYSIS Ó AB 339 Page 1 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 Page 2 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