BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 945|
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THIRD READING
Bill No: SB 945
Author: Monning (D)
Amended: 4/25/16
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/4/16
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Pet boarding facilities
SOURCE: State Humane Association of California
DIGEST: This bill establishes facility standards and operation
guidelines for pet boarding facilities including the sound
construction and sanitary maintenance of enclosures, maximum
hours a pet may be left unobserved, number of pets allowed in an
enclosure, and availability of food and water. It provides for
consumer notice requirements and creates an infraction
punishable by a fine for violation of this chapter.
ANALYSIS: Existing law establishes that an act of malicious and
intentional maiming, mutilating, torturing, wounding, or killing
of an animal is punishable as a misdemeanor or felony and fine
of not more than $20,000. (Penal Code § 597)
This bill:
1) Defines "pet" as any nonhuman animal housed in the pet
boarding facility, including, but not limited to, mammals,
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birds, reptiles, amphibians, and fish. However, "pet" does
not include a horse.
2) Defines "pet boarding facility" as any lot, building,
structure, enclosure, or premises where four or more dogs,
cats, or other pets in any combination are boarded for
compensation, excluding animal control agencies, society for
the prevention of cruelty to animals, humane societies that
contract for the care of stray or abandoned animals, and the
premises of veterinary facilities that are registered
pursuant to Section 4853 of the Business and Professions
Code.
3) Defines "temporary enclosure" as a structure used to
restrict a pet that does not provide for the effective
separation of a pet from the pet's waste products. Requires
that temporary enclosures allow the pet to turn about freely,
stand easily, and sit or lie down in a comfortable position.
4) Defines "permanent enclosure" as a structure, including, but
not limited to, an exercise run, kennel or room, used to
restrict a pet that provides for the effective separation of
a pet from the pet's waste products.
5) Requires that a boarded pet be contained in a temporary
enclosure for a period not to exceed four hours during the
day, 12 hours at night, or the length of time that is humane
for that particular pet, whichever is less, and that the pet
remain outside the temporary enclosure for no less than the
amount of time needed for the pet to eliminate its waste.
6) Requires that each primary and temporary enclosure be
maintained in a sanitary manner and be structurally sound to
protect the enclosed pet from injury, to contain the pet, to
keep out other animals, and to promote the health and
well-being of the pet.
7) Requires a pet boarding facility to maintain either a fire
alarm system that is connected to a central reporting station
that alerts the local fire department in case of fire or a
fire suppression sprinkler system.
8) Requires pet boarding facility operator to:
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a) Ensure pets are contained within the facility, and, in
the event that a pet escapes, report this fact immediately
to the local animal control agency and the owner and make
reasonable efforts to immediately capture the escaped pet.
b) House only one pet at a time in an enclosure unless
otherwise consented to by the owner.
c) Provide each pet with easy and convenient access to
potable water at all times, or if the behavior of the pet
makes unrestricted access to water impractical, offer
water as often as necessary to ensure the pet's health and
well-being. However, water may be restricted as directed
by the owner or a licensed veterinarian.
d) Provide each pet with food of the type, in the
quantities, and at the intervals as directed in writing by
the owner, or in the absence of written directions by the
owner, with nutritious food in the quantities and at the
intervals suitable for that pet.
e) Provide each pet with at least one enrichment device
that is appropriate for the age, size, and condition of
the pet unless otherwise directed in writing by the owner.
f) Ensure that each sick or injured pet is immediately
provided with veterinary treatment and that the owner of
the pet is notified immediately of the pet's condition.
9) Establishes that an operator must provide owner with certain
information in writing including:
a) The square footage of the primary and temporary
enclosures.
b) The number of times and at which intervals during each
24-hour period the breed of pet that the owner is boarding
is customarily observed by personnel.
c) The pet boarding facility's customary daily activity
schedule for the breed of pet that the owner is boarding,
including the number of hours spent in primary and
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temporary enclosures, the time or times at which the breed
of pet is fed, and the opportunities the breed of pet has
to exercise and eliminate bodily waste.
d) Any deviation from customary practices described
above.
10)Prohibits persons convicted of an infraction, misdemeanor or
felony related to the welfare of animals from operating or
being employed by a pet boarding facility.
11)Makes violation of any provision of the chapter guilty of an
infraction punishable by a fine not to exceed $250 for the
first violation and not to exceed $1,000 for each subsequent
violation.
Background
The State Humane Association of California is the sponsor of
this bill. According to the Author, in recent years, several
incidents resulting in harm to pets have occurred at unregulated
pet boarding facilities. Although some large cities have animal
control ordinances, the primary state law for the protection of
animals in pet boarding facilities is California Penal Code
Section 597, which gives local animal control officers general
authority to prosecute the inhumane treatment of animals through
the local judicial system as misdemeanors. Section 597 is brief,
written very generally, and, as such, is primarily used for
serious mistreatment of animals. California law does not
provide detail on the daily operating practices of pet boarding
facilities, such as what constitutes appropriate animal
enclosures, feeding, watering, general health veterinary
treatment, record keeping, and other related matters. In
California, because pet boarding facilities are not licensed,
and therefore not directly regulated by a state agency,
enforcement is complaint driven. Local animal control agencies
provide the primary enforcement, by responding to complaints and
referring violations to the district attorney's office.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
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SUPPORT: (Verified5/16/16)
State Humane Association of California (source)
Beagle Freedom Project
Rover.ComSocial Compassion in Legislation
OPPOSITION: (Verified5/16/16)
Folsom Dog Resort & Training Center
International Boarding & Pet Services Association
The Animal Council
Five individuals
ARGUMENTS IN SUPPORT: Proponents of this bill argue that the
failure to provide regulation of the day to day operations of
pet boarding facilities is a gap in the law that allows for
consumer and animal harm.
ARGUMENTS IN OPPOSITION: Many opponents including the
International Boarding & Pet Services Association argue that the
bill will adversely affect the pet boarding industry in
California and that industry improvement is best achieved
through education. The Animal Council believes that the
provision prohibiting a person convicted of an infraction,
misdemeanor, or felony related to the welfare of animals from
operating of being employed by a pet boarding facility "is
disproportionally harsh, overbroad, and overreaching in the
context of criminal law."
Prepared by:Nicole Billington / B., P. & E.D. / (916) 651-4104
5/18/16 16:27:50
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