BILL ANALYSIS Ó AB 339 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 339 (Dickinson) As Amended June 25, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |63-10|(May 23, 2013) |SENATE: |30-4 |(August 19, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Prohibits a swap meet vendor, beginning January 1, 2016, and except as specified, from offering animals for sale unless the local jurisdiction has adopted standards for the care and treatment of those animals when they are present at, or being transported to or from, the swap meet. The Senate amendments reduce the fine for a second or subsequent violation from $1,000 to $500 and remove the enhanced penalty for a first-time offender who causes or permits an animal to suffer, be injured, or be placed in a situation in which the animals' life or health may be endangered. 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 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 period. 2)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 AB 339 Page 2 lot, carnival, or boardwalk. 3)Makes it a wobbler, chargeable as a felony or 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. 4)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 $1,000 for violations of the Act. 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. AS PASSED BY THE ASSEMBLY , this bill: 1)Required that any local ordinance adopted to allow the sale of animals at swap meets to require, at a minimum, that the swap meet vendor 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; AB 339 Page 3 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, including 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; h) Present for inspection and display a current business license issued by the local jurisdiction where the animals are principally housed; and, 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. 2)Provided that this bill does not apply to the sale of a particular species of animal if a local jurisdiction has adopted an ordinance before January 1, 2013, that applies specifically to the sale of that particular species of animal at swap meets. 3)Made a swap meet vendor guilty of an infraction punishable by a fine of not more than $250 if he or she offers animals for sale at a swap meet without an authorizing local ordinance. Makes a swap meet vendor guilty of an infraction punishable by a fine of not more than $1,000 per violation if he or she a) violates this provision for the first time and that violation causes or permits any animal to suffer, be injured, or be placed in a situation in which its life or health may be endangered or b) violates this provision for a second or AB 339 Page 4 subsequent time. This provision does not preclude punishment under any provision of law. 4)Provided that the prohibition against live animal sales at a swap meet without an authorizing local ordinance does not apply to the following: a) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs. b) California Exposition and State Fair, district agricultural association fairs, or county fairs. c) Stockyards that are regulated under federal law. d) Specified livestock for sale at public sales. e) Live animal markets regulated under state law. f) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group, as specified. g) The sale of fish or shellfish, live or dead, from a fishing vessel, at a pier or wharf, or at a farmer's market by any licensed commercial fisherman to the public for human consumption. h) A cat show, dog show, or bird show providing that all of the following circumstances exist: i) The show is validly permitted by the city or county in which the show is held; ii) Each and every participant in the show complies with all federal, state, and local animal welfare control laws; iii) 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; iv) The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show; and, AB 339 Page 5 v) 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. FISCAL EFFECT : According the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : 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." The author further states that "Laws that apply to 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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744 FN: 0001638