BILL ANALYSIS Ó
AB 339
Page 1
Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 339 (Dickinson) - As Amended: May 6, 2013
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill builds on the current prohibition on selling or giving
away a live animal on a street, highway, parking lot, or
carnival, by specifying that a swap meet operator may allow the
sale of animals at a swap meet if the local jurisdiction has
adopted care and treatment standards, as specified. 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.
Violation would be an infraction, punishable by a fine of up to
$250, with repeat violations or violations that include animal
endangerment punishable by a fine of up to $1,000.
The proposed authorization to sell animals at a swap meet does
not apply if a local jurisdiction has adopted an ordinance prior
to January 1, 2013 that applies specifically to the sale of
animals at a swap meet."
FISCAL EFFECT
Minor local law enforcement costs, offset by increased fine
revenue.
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 require swap meets
that sell animals to meet specified minimum care standards to
AB 339
Page 2
alleviate the suffering of these animals, ensure that public
health and safety is protected, and safeguard consumers.
"Laws that apply to a pet shop do not apply to the sale of
animals at flea markets and swap meets. Swap meets and flea
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)The most recent amendments result in a consensus bill. Former
opponents, swap meet operators, have withdrawn their
opposition and support the compromise language.
4)Current law makes animal neglect, as specified, an alternate
felony/misdemeanor.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081