BILL NUMBER: SB 2102	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MAY 18, 1998
	AMENDED IN SENATE   MAY 6, 1998
	AMENDED IN SENATE   APRIL 22, 1998

INTRODUCED BY   Senator Rosenthal

                        FEBRUARY 20, 1998

   An act to amend Sections 122045 and 122060 of the Health and
Safety Code, relating to animals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2102, as amended, Rosenthal.  Dogs:  breeding and sale.
   (1) Existing law, the Polanco-Lockyer Pet Breeder Warranty Act,
contains provisions regulating the breeding and sale of dogs.
Existing law defines "dog breeder" and "breeder," for purposes of
these provisions.
   This bill would redefine these terms.
   (2) Existing law provides that if a breeder violates provisions
relating to the sale of ill or diseased dogs, the breeder shall be
prohibited from selling dogs for specified periods of time.
   This bill would increase the amount of time a breeder would be
prohibited from selling dogs if the breeder violates these
provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 122045 of the Health and Safety Code is amended
to read:
   122045.  (a) This article shall be known and may be cited as the
Polanco-Lockyer Pet Breeder Warranty Act.
   (b) Every breeder of dogs shall comply with this article.  As used
in this article, "dog breeder," or "breeder" means a person, firm,
partnership, corporation, or other association that has sold or
transferred  for the purpose of selling  one litter of dogs,
or any portion of a litter, more than once in a 36-month period that
were bred and reared on the premises of the person, firm,
partnership, corporation, or other association or were bred by a
third party through a contractual arrangement and then returned to
the breeder for the purpose of selling or transferring  for the
purpose of selling  the dog or dogs.
   (c) For the purposes of this article, "purchaser" means any person
who purchases a dog from a breeder or who purchases a dog from an
individual acting on the breeder's behalf.
   (d) This article shall not apply to pet dealers regulated under
Article 2 (commencing with Section 122125), or to publicly operated
pounds, humane societies, or privately operated rescue organizations.

  SEC. 2.  Section 122060 of the Health and Safety Code is amended to
read:
   122060.  Except as provided for in paragraph (6) of subdivision
(a) of Section 122050, no breeder shall knowingly sell a dog that is
diseased, ill, or has a condition, any one of which that requires
hospitalization or nonelective surgical procedures.  In lieu of the
civil penalties imposed pursuant to Section 122110, any breeder who
violates this section shall be subject to a civil penalty of up to
one thousand dollars ($1,000), or shall be prohibited from selling
dogs for up to six months, or both.  If there is a second offense,
the breeder shall be subject to a civil penalty of up to two thousand
five hundred dollars ($2,500), or a prohibition from selling dogs
for up to three years, or both.  For a third offense, the breeder
shall be subject to a civil penalty of up to five thousand dollars
($5,000), or a prohibition from selling dogs for up to five years, or
both.  For a fourth and subsequent offense, the breeder shall be
subject to a civil penalty of up to ten thousand dollars ($10,000) or
a prohibition from selling dogs for up to 10 years, or both.  For
the purpose of this section, a violation that occurred over five
years prior to the most recent violation shall not be considered.
   An action for recovery of the civil penalty and for a court order
enjoining the breeder from engaging in the business of selling dogs
at retail or wholesale for the period set forth in this section, may
be prosecuted by the district attorney for the county in which the
violation occurred, or the city attorney for the city in which the
violation occurred, in the appropriate court.