BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                        AB 339|
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                                    THIRD READING

          Bill No:  AB 339
          Author:   Dickinson (D), et al.
          Amended:  6/25/13 in Senate
          Vote:     21

           SENATE PUBLIC SAFETY COMMITTEE  :  5-1, 6/18/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Knight
          NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  63-10, 5/23/13 - See last page for vote

           SUBJECT  :    Sale of animals at swap meets

           SOURCE  :     Born Free USA 
                      State Humane Association of California

           DIGEST  :    This bill, beginning January 1, 2016, makes it  
          unlawful to sell animals at a swap meet unless the local  
          jurisdiction has adopted an ordinance that includes specified  
          requirements relating to the care and treatment of the animals.

           ANALYSIS  :    

          Existing law:
           1.Defines "swap meet" to include a flea market or an open-air  
            market and means an event at which two or more persons offer  


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            merchandise for sale or exchange and that meets one of the  
            following conditions:
             A.   A fee is charged for the privilege of offering or  
               displaying merchandise for sale or exchange;

             B.   A fee is charged to prospective buyers for parking or  
               for admission to the area where merchandise is offered or  
               displayed for sale or exchange; or 

             C.   The event is held more than six times in any 12-month  

          1.Makes it unlawful, with specified exceptions, for any person  
            to willfully sell or offer for sale, display, or give away or  
            offer to give away as part of a commercial transaction a live  
            animal on any street, highway, public right-of-way, parking  
            lot, carnival, or boardwalk.

          2.Makes it an alternate felony/misdemeanor punishable by  
            imprisonment in the county jail, a fine not to exceed $20,000,  
            or both a fine and imprisonment for every person who  
            maliciously and intentionally maims, mutilates, tortures,  
            wounds or kills a living animal, except as specified, or who  
            overloads, overworks, denies sustenance, cruelly beats,  
            mutilates, or cruelly kills any animal, and whoever having  
            custody of an animal, either as owner or otherwise, subjects  
            an animal to needless suffering or inflicts unnecessary  
            cruelty upon the animal, or in any manner abuses any animal,  
            or fails to provide an animal with proper food, drink, or  
            shelter or proper protection from the weather.

          3.Regulates, under the Lockyer-Polanco-Farr Pet Protection Act  
            (Act) the sale and care of dogs and cats by pet dealers, as  
            defined, and provides for civil penalties enforced by the  
            local district attorney or city attorney in an amount up to  
            $1000 for violations of the Act and requires, in part, a pet  
            dealer to maintain facilities where dogs are kept in a  
            sanitary condition and provide adequate nutrition, potable  
            water, and space appropriate to the age, size, weight, and  
            breed of dog.

          This bill:
           1.Provides that a swap meet operator may permit a vendor to  



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            offer animals for sale at a swap meet if the local  
            jurisdiction has adopted standard for care and treatment of  
            animals for sale at a swap meets.

          2.Provides that it 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 to the sale  
            of that species at swap meets.
          3.Provides that any ordinance adopted will at minimum require  
            the vendor to do all of the following:

             A.   Maintain the facilities used for 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/her care and  

             D.   Take reasonable care to release for sale, trade, or  
               adoption only those animals that are free of disease or  

             E.   Provide adequate space appropriate to the size, weight,  
               and species of animal.

             F.   Provide a program of routine care, preventive care,  
               disease control and prevention and veterinary treatment and  
               euthanasia that is established by the vendor in  
               consultation with a licensed veterinarian.  A veterinarian  
               shall visit the swap meet premises 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.  The written information can be in a form  
               determined by the vendor.

             H.   Present for inspection and display a current business  
               license issued by the local jurisdiction where the animals  
               are principally housed.



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             I.   Maintain records for identification purposes of the  
               person from whom the animals offered for sale were acquired  
               including the person's name, address, email address, and  
               telephone number and the date the animals were acquired. 

          1.Provides that 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 $100 plus penalty  
          2.Provides that a swap meet vendor who has a second or  
            subsequent violation is guilty of an infraction punishable by  
            a fine not to exceed $500 per violation plus penalty  
            assessments.  The courts shall weigh the gravity of the  
            violation in setting the amount of the fine.

          3.Provides that it does not apply to:

             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.   Regulated stockyards.

             D.   The sale of specific farm animals at public sales for  
               those animals.

             E.   Live animal markets regulated under Penal Code Section  

             F.   A public animal control agency or shelter, society for  
               the prevention of cruelty to animals, shelter, human  
               society shelter, or rescue group as defined.

             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 licensed farmer's market.

             H.   A cat show, dog show or bird show under specified  



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             I.   A pet store as defined.

             J.   Any reptile or aquatic trade show under specified  

          1.This bill has a delayed operative date of January 1, 2016.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/9/13)

          Born Free USA (co-source)
          State Humane Association of California (co-source)
          Action for Animals
          American Society for the Prevention of Cruelty to Animals
          Animal Place
          Avian Welfare Coalition
          California Animal Control Directors Association
          Central California SPCA
          Central Coast Society for the Prevention of Cruelty to Animals
          County of San Bernardino, District Attorney Michael Ramos
          House Rabbit Society
          Humane Society of the United States
          Humane Society of Ventura County
          Humane Society Silicon Valley
          Inland Valley Humane Society
          Lake Tahoe Humane Society
          Los Angeles County
          Los Angeles County District Attorney's Office
          Marin Humane Society
          Orange County SPCA
          Palo Alto Humane Society
          Pasadena Humane Society & SPCA
          Paw PAC
          Protecting Earth & Animals with Compassion & Education
          Public Interest Coalition
          Sacramento Council of Dog Clubs
          Sacramento SPCA
          San Francisco SPCA
          Santa Cruz SPCA
          Santa Maria Valley Humane Society



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          Society for the Prevention of Cruelty to Animals Los Angeles
          SPCA for Monterey County
          The Humane Society Veterinary Medical Association 
          Valley Humane Society
          Yolo County SPCA

           ARGUMENTS IN SUPPORT  :    According to the author:

               Animals are frequently sold at flea markets and swap meets  
               in terrible conditions.  These venues provide little  
               oversight of the seller and no accountability to the  
               consumer.  Laws that apply to pet shops 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.

               AB 339 would prohibit the sale of animals at swap meets and  
               flea markets unless the local jurisdiction at minimum  
               adopts standards as set forth in the bill, for the care and  
               treatment of animals at such venues by January 1, 2016.  As  
               a result, the bill will prevent the suffering of animals,  
               protect consumers, and eliminate the public health and  
               safety risks and risks of other disease outbreaks  
               associated with such sale situations.

           ASSEMBLY FLOOR  :  63-10, 5/23/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley,  
            Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines,  
            Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall,  
            Roger Hernández, Jones-Sawyer, Levine, Lowenthal, Maienschein,  
            Mansoor, Medina, Melendez, Mitchell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Pan, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Skinner, Stone, Ting, Wagner, Weber,  
            Wieckowski, Wilk, Williams, Yamada, John A. Pérez
          NOES:  Bigelow, Conway, Dahle, Donnelly, Linder, Logue, Morrell,  
            Olsen, Patterson, Salas
          NO VOTE RECORDED:  Grove, Harkey, Holden, Jones, Waldron,  



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            Vacancy, Vacancy

          JG:ej  8/12/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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