BILL ANALYSIS
AB 1122
Page 1
Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1122 (Lieu) - As Amended: May 14, 2009
Policy Committee: Business and
Professions Vote: 7 - 3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits the sale of pet animals on roadsides or in
other outdoor venues. Specifically, this bill:
1)Prohibits the sale of a live animal on any street, highway,
public right-of-way, commercial parking lot, or at any outdoor
special sale, parking lot sale, carnival, or boardwalk.
2)Makes such a sale an infraction punishable by a fine not to
exceed $250 for a first offense.
3)Makes second and subsequent offenses a misdemeanor and
punishable by a fine of up to $1,000 per violation
4)Does not apply to events held by 4-H Clubs, Junior Farmers
Clubs or Future Farmers Clubs, state or county fairs,
livestock consignment sales, public animal control agencies or
shelters, rescue groups, federally regulated stockyards, or
regulated live animal markets
FISCAL EFFECT
Negligible, non-reimbursable costs for prosecution offset by
fine revenue for misdemeanor violations of provisions associated
with the second and subsequent violations of prohibitions
against selling animals on roadsides.
COMMENTS
1)Purpose . According to the author, there is a growing concern
with the sale of pets along streets. Several counties,
AB 1122
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including Sacramento, Los Angeles, and San Jose have responded
to this concern by passing local ordinances to restrict their
sale. The author is concerned that many of the animals sold at
these venues are mistreated, ill, and/or diseased. The author
notes that the tremendous cost for veterinary care for these
animals often leads to them being abandoned or surrendered to
animal shelters.
Current law requires pet stores that sell pets to abide by
certain animal welfare standards that promote the proper care
and treatment of the animals, thus reducing the risk of
disease. However, this law does not apply to the sale of
animals along the roadside.
2)Support . In support of the bill, the American Society for the
Prevention of Cruelty to Animals notes that the absence of
effective regulations has resulted in pet animals being sold
in terrible conditions, including unsanitary crowded cages and
without food and/or water. They believe that this bill would
alleviate the suffering of these animals while they are
awaiting sale.
3)Related Legislation . AB 1347 (Caballero; Chapter 703, Statutes
of 2007) enacts the Pet Store Animal Care Act, which
establishes procedures for the care and maintenance of animals
in the custody of a pet store, and places limitations on the
sale or transfer of those animals.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081