BILL NUMBER: SB 2102 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 1998
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
, 122060, and 122070 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
subject to certain civil penalties, or shall be prohibited
from selling dogs for specified periods of time , or both
. For a first offense, a breeder is subject to a civil penalty
of up to $1,000, and may be prohibited from selling dogs for up to
30 days, or both.
This bill would increase the amount of time a breeder
would be prohibited from selling dogs if the breeder violates
instead impose a civil penalty of up to $500 against
any breeder for a first offense violation of these provisions.
(3) Existing law provides purchaser remedies in cases where a
breeder has sold an ill or diseased dog. Existing law further
provides that if the dog has died, regardless of the date of death of
the dog, the purchaser shall obtain a refund for the purchase price
of the dog and other specified expenses if certain conditions exist.
This bill would provide that if within one year after the
purchaser has taken physical possession of the dog after the sale by
a breeder, the dog dies or must be destroyed, and if certain other
remedies have not been exercised, then the purchaser shall obtain a
refund for the purchase price of the dog and other expenses.
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
24-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. penalty of
up to five hundred dollars ($500). 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.
SEC. 3. Section 122070 of the Health and Safety Code is amended to
read:
122070. (a) If a licensed veterinarian states in
writing that within 15 days after the purchaser has taken physical
possession of a dog following the sale by a breeder, the dog has
become ill due to any illness or disease that existed in the dog on
or before delivery of the dog to the purchaser, or, if within one
year after the purchaser has taken physical possession of the dog
after the sale by a breeder, a veterinarian licensed in this state
states in writing that the dog has a congenital or hereditary
condition which that adversely affects the health
of the dog, or which that requires, or is likely
in the future to require, hospitalization or nonelective surgical
procedures, the dog shall be considered unfit for sale, and the
breeder shall provide the purchaser with any of the following
remedies that the purchaser elects:
(1) Return the dog to the breeder for a refund of the purchase
price, plus sales tax, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed
the original purchase price of the dog, including sales tax.
(2) Exchange the dog for a dog of the purchaser's choice of
equivalent value, providing a replacement dog is available, and
receive reimbursement for reasonable veterinary fees for diagnosis
and treating the dog in an amount not to exceed the original purchase
price of the dog, plus sales tax on the original purchase price of
the dog.
(3) Retain the dog, and receive reimbursement for reasonable
veterinary fees for diagnosis and treating the dog in an amount not
to exceed 150 percent of the original purchase price of the dog, plus
sales tax.
(b) If the dog has died, regardless of the date of death
of the dog within one year after the purchaser has
taken physical possession of the dog after the sale by a breeder, the
dog dies or must be destroyed, and if a remedy has not been
exercised under subdivision (a) prior to the dog's death ,
obtain a refund for the purchase price of the dog, plus sales tax, or
a replacement dog of equivalent value of the purchaser's choice, and
reimbursement for reasonable veterinary fees for diagnosis and
treatment of the dog in an amount not to exceed the purchase price of
the dog, plus sales tax, if any of the following conditions exist:
(1) A veterinarian, licensed in this state, states in writing that
the dog has died due to an illness or disease that existed within 15
days after the purchaser obtained physical possession of the dog
after the sale by a breeder.
(2) A veterinarian, licensed in this state, states in writing that
the dog has died due to a congenital or hereditary condition that
was diagnosed by the veterinarian within one year after the purchaser
obtained physical possession of the dog after the sale by a breeder.