BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 945|
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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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