BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 945
          Author:   Monning (D) 
          Amended:  8/1/16  
          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

           SENATE FLOOR:  32-0, 5/23/16
           AYES:  Allen, Anderson, Bates, Berryhill, Block, Cannella, De  
            León, Fuller, Galgiani, Glazer, Hall, Hancock, Hernandez,  
            Hertzberg, Hill, Hueso, Huff, Jackson, Leno, Leyva, Liu,  
            McGuire, Mendoza, Mitchell, Monning, Nguyen, Nielsen, Pan,  
            Roth, Stone, Vidak, Wieckowski
           NO VOTE RECORDED:  Beall, Gaines, Lara, Moorlach, Morrell,  
            Pavley, Runner, Wolk

           ASSEMBLY FLOOR:  77-0, 8/18/16 - See last page for vote
           
           SUBJECT:   Pet boarding facilities


          SOURCE:    State Humane Association of California


          DIGEST:  This bill creates a statewide standard for the  
          operational requirements of pet boarding facilities and facility  
          operators.  


          Assembly Amendments clarify language throughout the bill,  
          required that facilities have either a fire alarm or fire  








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          sprinkler system, and modify the penalty structure for violation  
          of the chapter by requiring a "notice to correct" prior to the  
          issuance of a fine. 


          





          ANALYSIS:   


          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.  (Health and Safety Code § 122350 et  
             seq.)


           2) 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) Outlines the responsibilities of a pet boarding facility  
             operator, including:


              a)    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;


              b)    Ensuring the containment of pets within the pet  








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                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;


              c)    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;


              d)    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;


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


           2) Requires each permanent and fixed enclosure and temporary  
             enclosure to be structurally sound and maintained in a  
             comfortable and sanitary manner.


           3) Requires cat enclosures to include an elevated platform.


           4) Specifies the length of time a pet may be contained in a  
             temporary enclosure.


           5) Requires a pet boarding facility operator to comply with  
             animal care requirements, including:


              a)    Observe each pet as necessary, but no less than once  
                every 24 hours;








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              b)    Provide each pet with food, water, and enrichment in  
                quantities and at the intervals suitable for that pet;


              c)    Isolate each sick or injured pet and ensure the pet is  
                immediately provided with veterinary treatment and that  
                the owner of the pet is notified immediately of the pet's  
                condition; and,


              d)    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 available.


           6) Requires a pet boarding facility operator to provide each  
             owner with written disclosures including deviation from  
             customary practices. 


           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 a fire, or a  
             fire sprinkler suppression sprinkler system.


           8) Requires an animal control officer, a humane officer, or a  
             peace officer to issue a single notice to correct and conduct  
             a subsequent investigation of the pet boarding facility  
             within a reasonable period of time.


           9) Relieves a pet boarding facility operator who is verified to  
             have complied with a notice to correct from specified fines. 


           10)   States that a pet boarding facility operator who violates  
             the same provision on more than one occasion within a  








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             five-year period is not eligible to receive a notice to  
             correct and is guilty of an infraction on the second  
             violation, and is guilty of a misdemeanor on the third or  
             subsequent violation.


           11)   States that a pet boarding facility operator that causes  
             or allows harm or injury to an animal, or allows an animal to  
             be subject to an unreasonable risk of harm or injury is  
             guilty of a misdemeanor. 


           12)   States that a pet boarding facility operator, who  
             violates any provision of the pet boarding requirements,  
             unless 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.


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


          Background


          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."









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


          According to an Assembly Appropriations analysis dated August 3,  
          2016, "Negligible state fiscal impact.  Any local costs are not  
          reimbursable."


          SUPPORT:   (Verified 8/18/16)


          State Humane Association of California (source)
          Beagle Freedom Project
          Central California Society for Prevention of Cruelty to Animals 
          Citizens for Safe Boarding Facilities
          City of Monterey
          Peace of Mind Dog Rescue
          Pets in Need
          Rover.Com
          Social Compassion in Legislation
          SPCA for Monterey County


          OPPOSITION:   (Verified 8/18/16)


          California Animal Control Directors Association
          Folsom Dog Resort & Training Center
          International Boarding & Pet Services Association

          The Animal Council
          5 individuals             


          ARGUMENTS IN SUPPORT:     Supporters of this measure that the  
          procedures and requirements for pet boarding facilities will  
          provide important improvements to the overall health and safety  
          of pets.










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          ARGUMENTS IN OPPOSITION:     Opponents, such as the Animal  
          Council, are concerned that the standards and requirements for  
          pet boarding facilities would be confusing and disruptive to the  
          businesses which provide such care to animals since pet boarding  
          is highly fragmented , poorly organized and involves radically  
          different business models, setting and locations.  Some involve  
          extensive capital investment in high value land, permitting and  
          construction while others might be caring for one other person's  
          pets in the caretaker's home with no extra investment or  
          accommodations.  

           ASSEMBLY FLOOR:  77-0, 8/18/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,  
            Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,  
            Williams, Wood, Rendon
           NO VOTE RECORDED: Beth Gaines, Roger Hernández, Obernolte





          Prepared by:Nicole Billington / B., P. & E.D. / (916) 651-4104
          8/19/16 19:21:40


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