BILL ANALYSIS                                                                                                                                                                                                    






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 945|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   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,  








                                                                     SB 945  
                                                                    Page  2


             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:








                                                                     SB 945  
                                                                    Page  3


              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  







                                                                     SB 945  
                                                                    Page  4


                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









                                                                     SB 945  
                                                                    Page  5


          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


                                   ****  END  ****


          







                                                                     SB 945  
                                                                    Page  6