BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   June 21, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


                     SB 945(Monning) - As Amended June 09, 2016


          SENATE VOTE:  32-0


          SUBJECT:  Pet boarding facilities


          SUMMARY:  Establishes standards for pet boarding facilities and  
          pet boarding operators, as specified.  


          EXISTING LAW:   


          1)Enacts the Pet Store Animal Care Act (Act) that establishes  
            procedures for the care and maintenance of animals in the  
            custody of a pet store and details the responsibilities of the  
            pet shop, the standards for enclosures, animal care  
            requirements, record keeping, standards for keeping the  
            animals healthy including veterinary care, euthanasia  
            standards, and disclosures that must be made to a person who  
            purchases a pet.  Provides for a "notice to correct" and  
            monetary misdemeanor penalties for specified violations of  
            this Act.
          (Health and Safety Code (HSC) Section 122350, et seq.)

          2)Deems an animal "abandoned" if an animal is delivered to any  
            veterinarian, dog kennel, cat kennel, pet-grooming parlor,  








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            animal hospital, or any other animal care facility pursuant to  
            a written or oral agreement and the owner does not pick up the  
            animal within 14 calendar days after the day the animal was  
            due to be picked up.  (Civil Code (CC) Section 1834.5)
          3)Requires the person into whose care the animal was placed to  
            first try for a period of not less than 10 days to find a new  
            owner for the animal, and, if unable to place the animal with  
            a new owner, humanely destroy the animal.  (CC Section 1834.5)  



          4)Requires a veterinarian to humanely destroy an abandoned  
            animal, if the abandoned animal was left with a veterinarian  
            or with a facility which has a veterinarian, and a new owner  
            cannot be found.  (CC Section 1834.5)


          THIS BILL: 


          5)Defines "person" to mean an individual, partnership, firm,  
            limited liability company, joint-stock company, corporation,  
            association, trust, estate, or other legal entity.

          6)Defines "pet" to mean any nonhuman animal housed in the pet  
            boarding facility including, but not limited to, mammals,  
            birds, reptiles and amphibians, but does not include a horse.

          7)Defines "pet boarding facility" to mean any lot, building,  
            structure, enclosure, or premises whereupon four or more dogs,  
            cats, or other pets in any combination are boarded for  
            compensation, but does not include a city, county, or city and  
            county animal control agency, society for the prevention of  
            cruelty to animals, or humane society that contracts for the  
            care of stray or abandoned animals, or the premises of a  
            registered veterinary facility.


          8)Defines a "pet boarding facility operator" to mean a person  








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            who owns or operates, or both, a pet boarding facility.


          9)Defines a "permanent or fixed enclosure" to mean 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.


          10)Defines a "temporary enclosure" to mean a structure used to  
            restrict a pet, including, but not limited to, a crate or cage  
            that does not provide for the effective separation of a pet  
            from the pet's waste product.


          11)Requires each pet boarding facility operator to be  
            responsible for all of the following:


             a)   Ensuring the entire pet boarding facility, including all  
               equipment therein, is structurally sound and maintained in  
               good repair;
             b)   Ensuring that pests do not inhabit any part of the pet  
               boarding facility in a number large enough to be harmful,  
               threatening, or annoying to the pets;


             c)   Ensuring the containment of pets within the pet boarding  
               facility, and in the event the pet escapes, being  
               responsible for reporting this fact immediately to the  
               local agency responsible for animal control and to the  
               owner and making reasonable efforts to immediately capture  
               the escaped pet;


             d)   Ensuring that the pet boarding facility's interior  
               building surfaces, including walls and floors, are  
               constructed in a manner that permits them to be readily  
               cleaned and sanitized;








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             e)   Ensuring that light, by natural or artificial means, is  
               distributed in a manner that permits routine inspection and  
               cleaning, and the proper care and maintenance of the pets;


             f)   If grooming services are offered by a pet boarding  
               facility, separating the grooming work area from the pet  
               boarding facility's permanent or fixed or temporary  
               enclosures and ensuring that the grooming area is cleaned  
               and sanitized at least once daily;


             g)   Storing food in an area separate from permanent or fixed  
               enclosures or temporary enclosures; and, 


             h)   Maintaining an area for isolating sick pets from healthy  
               pets.


          12)Requires each permanent and fixed enclosure and temporary  
            enclosure to comply with all of the following:
             a)   Be structurally sound and maintained in good repair to  
               protect the enclosed pet from injury, to contain the pet,  
               to keep other animals out, and to promote the health and  
               well-being of the pet;
             b)   Be maintained in a comfortable and sanitary manner, and  
               when being cleaned in a manner or with a substance that is  
               or may be harmful to a pet within the enclosure, the pet  
               must be removed from the enclosure;


             c)   Be constructed of material suitable for regular cleaning  
               and sanitizing; 


             d)   Provide heating, cooling, lighting, ventilation, shade,  








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               and protection from the elements, as needed to ensure the  
               comfort and well-being of the pet; and, 


             e)   Allow a pet to turn around freely, stand easily, and sit  
               or lie down in a comfortable position.


          13)Requires each enclosure to be either a permanent or fixed  
            enclosure or a temporary enclosure.
          14)Requires a permanent or fixed closure for a cat to provide an  
            elevated platform, as specified.


          15)States that a pet may be contained in a temporary enclosure  
            for a period not to exceed four hours during the day and 12  
            hours at night or the length of time that is humane for that  
            particular pet, whichever is less; and the pet must remain  
            outside the temporary enclosure for no less than the amount of  
            time needed for the pet to eliminate its waste.


          16)Requires a pet boarding facility operator to comply with all  
            of the following animal care requirements:


             a)   House only one pet at a time in an enclosure, unless  
               otherwise consented to by the owner;
             b)   Observe each pet as necessary, but no less than once  
               every 24 hours, in order to recognize the signs of  
               sickness, injury, or distress, and in order to ensure that  
               the pet, food and waste or debris is removed as necessary  
               to prevent contamination or injury;


             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 impracticable, offer  
               water as often as necessary to ensure the pet's health and  








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               well-being; however, water may be restricted as directed by  
               the owner or a licensed veterinarian;


             d)   Provide each pet with nutritious food in quantities and  
               at the intervals suitable for that pet;


             e)   Provide each pet with at least one enrichment device or  
               activity that is appropriate for the age, size and  
               condition of the pet unless otherwise directed in writing  
               by the owner;


             f)   Maintain and abide by written policies and procedures  
               that address animal care, management and safe handling,  
               disease prevention and control, routine care, preventative  
               care, emergency care, veterinary treatment, and disaster  
               planning, evacuation, recovery that are applicable to the  
               location of the pet boarding facility which must be  
               reviewed with each employee providing animal care, and must  
               be available in writing in the facility and available to  
               all employees;


             g)   Isolate pets that have, or are suspected of having, a  
               contagious condition;


             h)   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;  
               and,


             i)   In the event of a natural disaster, an emergency  
               evacuation or other similar occurrence; ensure that the  
               humane care and treatment of each animal is provided for,  
               as specified, to the extent access to the pet is reasonably  








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               available.


          17)Requires a pet boarding facility operator to provide each  
            owner with written information describing all of the  
            following:
             a)   Days and times during which the pet boarding facility  
               permits pets to be dropped off and picked up;
             b)   Days and times during which no personnel is on site;


             c)   The square footage of the permanent or fixed enclosures  
               and temporary enclosures in which the species of pet that  
               the owner is boarding is customarily observed by personnel;


             d)   The number of times and at which intervals during each  
               24-hour period the breed of pet that the owner is boarding  
               is customarily contained; and,


             e)   The pet boarding facility's customary daily activity  
               schedule for the breed of pet that the owner is boarding.


          18)Requires the pet boarding facility operator to disclose to  
            the owner any deviation from the customary practices.
          19)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 a fire, or a  
            fire sprinkler suppression sprinkler system.


          20)States that a pet boarding facility operator who violates any  
            provision of the pet boarding requirements specified above is  
            guilty of an infraction, punishable by a fine not to exceed  
            $250 for the first violation and by a fine not to exceed  
            $1,000 for each subsequent violation, as specified.









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          21)States that the above provisions do not limit or affect the  
            application or enforcement of any other law that protects  
            animals or the rights of consumers, as specified.


          22)Specifies that a city, county, or city and county may adopt  
            ordinances that establish additional standards and  
            requirements for a pet boarding facility.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, this bill will result  
          in negligible state costs. 


          COMMENTS:  


          Purpose.  This bill creates a statewide standard for the  
          operational requirements of pet boarding facilities and facility  
          operators.  This bill is sponsored by the  State Humane  
          Association of California  .  According to the author, "[This  
          bill] would establish minimum standards for the care of pets  
          while they are in boarding facilities, as current law is silent  
          on animal and consumer protections relating specifically to pet  
          boarding facilities.  Pet owners who board their pets may be  
          unaware that California law does not establish minimum standards  
          of care for conditions at pet boarding facilities such as  
          quantity of food and water, limitations on the time pets spend  
          in cages, veterinary care, or emergency evacuation plans.  This  
          bill would provide operators of pet boarding facilities with  
          clear guidance, help ensure the safety and wellbeing of pets,  
          and provide protection to pet-owning consumers."


          Background.  Pet Boarding Facility Regulation.  Unlike pet  
          stores, pet boarding facilities, also referred to as "kennels",  
          are not uniformly regulated throughout the state.  California  








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          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, among other related matters.  Local  
          jurisdictions are responsible for enacting ordinances pertaining  
          to the operation and control of pet boarding facilities.  For  
          example, the City of Newport Beach requires the operator of a  
          kennel to obtain a permit from the city.  In California, because  
          pet boarding facilities are not licensed, and therefore not  
          directly regulated by a state agency, enforcement is complaint  
          driven.  

          The Lockyer-Polanco-Farr Pet Protection Act (Pet Protection  
          Act), pertains to the regulation of the retail sale of dogs and  
          cats, but does not specifically address pet boarding facilities  
          (HSC Section 122155).  As part of the Pet Protection Act, pet  
          dealers are required to maintain facilities where dogs are kept  
          in sanitary conditions, provide dogs with adequate nutrition and  
          water, adequate space appropriate to the age, size and weight of  
          the dog, provide dogs with adequate socialization and exercise,  
          and requires a fire alarm system connected to a central  
          reporting station that alerts the local fire department or  
          maintain a fire suppression sprinkler system, among other  
          requirements.  A number of the requirements for facilities in  
          the Pet Protection Act are similar to the provisions in this  
          bill.  Currently, under California Building Code Section 431  
          only those pet kennels regulated under the Pet Protection Act  
          are required to adhere to the specified automatic sprinkler  
          system requirements.  

          The author notes that because there is no existing law regarding  
          the standards of operating a pet boarding facility, if something  
          were to go wrong with an animal being cared for at a facility,  
          there is no enforcement recourse for the consumer.  This bill  
          seeks to establish a new statewide minimum standard for the  
          operation of a pet boarding facility.  However, as currently  
          drafted, this bill does not prohibit a city, county, or city and  
          county from adopting an ordinance that establishes additional  
          standards and requirements 








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          Issues at Pet Boarding Facilities.  Recent news articles and  
          reports have highlighted issues in pet boarding facilities which  
          have led to animal death or harm.  On May 10, 2016, KTLA 5  
          reported that the owner of a five year old Yorkshire terrier was  
          mauled to death by another dog while staying at a boarding  
          facility in Corona.  In 2015, a fire at a pet boarding facility  
          killed 14 dogs in Monterey.  ABC 7 reported in January of 2016,  
          that an injured dog found near the highway in Brentwood was  
          reunited with his family after escaping from a boarding  
          facility.  This bill places requirements on pet boarding  
          facilities including fire systems and a notification protocol  
          for animals that may be harmed or escape.


          Other states.  There are federal laws which establish the  
          minimum standards for the care of cats and dogs by commercial  
          breeders, but do not necessarily pertain to pet boarding  
          facilities.  Some states have enacted regulations that may be  
          more stringent than what is required under federal statutes  
          specifically applicable to breeders.  In addition, at least  
          three other states have established uniform requirements for pet  
          boarding facilities.  Colorado, Connecticut, and Massachusetts  
          have established standards for the operation of pet boarding  
          facilities.  Standards in those states include specifications  
          related to enclosure requirements, protection from inclement  
          weather, flooring standards for cages, specifications for  
          lighting and sanitation, requirements for clean and fresh water,  
          and maintaining general humane conditions, among others.  


          Prior Related Legislation.  AB 1810 (Maienschein), Chapter 86,  
          Statutes of 2014, permits a veterinarian or animal care facility  
          to turn over an abandoned animal to a public animal control  
          agency or shelter rather than euthanize it, as long as the  
          shelter has not refused to take the animal, and deletes the  
          requirement that an abandoned animal be euthanized 10 days after  
          abandonment.  









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          SB 969 (Vargas) of 2012, would have established the California  
          Pet Grooming Council to administer a voluntary pet groomer and  
          pet bather and brusher certificate program, until January 1,  
          2017.  Status:  This bill was held in the Assembly Committee on  
          Appropriations.  


          AB 490 (Smyth), Chapter, 446, Statutes of 2009, revised the  
          guidelines by which a pet store operator or employee may  
          euthanize rodents and rabbits intended as food for another  
          animal, and modifies the definition of a pet store, as  
          specified.  


          AB 1347 (Caballero), Chapter 703, Statutes of 2007, enacted the  
          Pet Store Animal Care Act (Act) that would establish procedures  
          for the care and maintenance of animals in the custody of a pet  
          store and details the responsibilities of the pet shop, the  
          standards for enclosures, animal care requirements, record  
          keeping, standards keeping the animals healthy including  
          veterinary care, euthanasia standards and disclosures that must  
          be made to a person who purchases a pet.  Provides for a "notice  
          to correct" and monetary misdemeanor penalties for specified  
          violations of this Act.


          ARGUMENTS IN SUPPORT: 


          The  State Humane Association of California  writes in support,  
          "There are no standards articulated in the statute relative to  
          the conditions and care that animal boarding facilities must  
          provide to pet owners and pets.  Several high-profile and very  
          tragic events have occurred at such facilities in recent  
          memory?without a doubt, if standards of care and requirements  
          regarding the state of repair for those facilities had been met,  
          these events would not have transpired."









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          The  Beagle Freedom Project  writes in support, "[This bill]  
          addresses a real deficiency of law.  There are no appropriate  
          guidelines for such elements of pet boarding care and  
          maintenance like the size of the enclosure, sanitation,  
          provisions of enrichment devices, health of pet, and safety."


          ARGUMENTS IN OPPOSITION:


          The  California Retailers Association is supportive if amended  
          and writes, "A few areas of concern remain and we are seeking  
          clarification to ensure the provision of basic activities  
          satisfies the requirement to provide either enrichment devices  
          or activities.  Furthermore, our members are concerned about  
          Section 122388, which allows local municipalities to adopt  
          additional standards and requirements for pet boarding  
          facilities. We understand this is a restatement of current law,  
          however, our members have struggled with a disjointed patchwork  
          of requirements on various other issues."

          POLICY ISSUES:


          This bill requires a pet boarding facility operator to provide  
          each pet with an enrichment device or activity that is  
          appropriate for the age, size and condition of the pet.  As  
          currently drafted, it is unclear what would constitute an  
          "activity."  Many boarding facilities offer additional paid  
          services for pets including extra walks, off-leash play,  
          multi-dog playgroups, treadmill walks, among others.  It is  
          unclear if a required activity would be included as part of  
          those additional services which are typically not included in  
          the basic boarding rate.  The author may wish to clarify. 


          REGISTERED SUPPORT:









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          State Humane Association of California (sponsor)
          Beagle Freedom Project
          Central California Society for Prevention of Cruelty to Animals 



          REGISTERED OPPOSITION:


          The California Retailers Association 


          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301