BILL NUMBER: SB 2102	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   JULY 21, 1998
	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, 122060,  and 122070
  122070, and 122110 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  instead impose a civil penalty of up to
$500 against any breeder for a first offense violation of these
provisions   revise these penalties  .
   (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.  
   (4) Existing law provides that, except as otherwise specified, any
person violating any provision relating to the sale of dogs by
breeders, other than the provisions relating to the sale of ill or
diseased dogs, shall be subject to civil penalty of up to $1,000 per
violation, and an action may be prosecuted in the name of the people
of the State of California by the district attorney for the county
where the violation occurred in the appropriate court, or by the city
attorney in the city where the violation occurred.
   This bill would provide that every seller of dogs who claims that
he or she does not meet the definition of breeder shall, in response
to a court action, produce documentation of sales for the most recent
12-month period to verify his or her claim, and that failure to
produce this documentation shall give rise to a presumption that the
seller of dogs is a breeder.  It would further provide that any
seller of dogs who fails to produce documentation verifying the claim
that he or she does not meet the definition of breeder, and who has
also violated provisions relating to the sale of ill or diseased
dogs, shall be subject to additional specified penalties. 
   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 24-month period
  eight or more dogs in a 12-month period, or whose
gross sales of dogs for a 12-month period is three thousand dollars
($3,000) or more,  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
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   nine months  , 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   18
months  , 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   three  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 that adversely
affects the health of the dog, or 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 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.
   
  SEC. 4.  Section 122110 of the Health and Safety Code is amended to
read: 
   122110.  (a) Except as otherwise specified herein, any person
violating any provision of this article other than Section 122060
shall be subject to civil penalty of up to one thousand dollars
($1,000) per violation. An action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
   (b)  Every seller of dogs who claims that he or she does not
meet the definition of breeder specified in subdivision (b) of
Section 122045, shall, in response to a court action, produce
documentation of sales for the most recent 12-month period to verify
his or her claim.  Failure to produce documentation of sales to
verify the claim shall give rise to a presumption that the seller of
dogs is a breeder.
   (c) Any seller of dogs who fails to produce documentation
verifying the claim that he or she does not meet the definition of
breeder, in accordance with subdivision (b), and who has also
violated Section 122060, shall be subject to the penalties specified
under both subdivision (a) and Section 122060.
   (d)  Nothing in this article limits or authorizes any act or
omission that violates Section 597l of the Penal Code.