BILL ANALYSIS                                                                                                                                                                                                    





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          GOVERNOR'S VETO
          AB 1122 (Lieu)
          As Amended  June 29, 2009
          2/3 vote

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          |ASSEMBLY:  |52-19|(May 28, 2009)  |SENATE: |21-13|(September 1,  |
          |           |     |                |        |     |2009)          |
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          |ASSEMBLY:  |57-19|(September 8,   |        |     |               |
          |           |     |2009)           |        |     |               |
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           Original Committee Reference:    B. & P.  

           SUMMARY  :   Prohibits the sale of pet animals on roadsides or in  
          other outdoor venues, as specified.  Specifically,  this bill  :

           The Senate amendments  :

          1)Delete outdoor special sales and parking lot sales from the  
            locations where the sale of pet animals are prohibited by this  
            bill.

          2)Exempt the following from the provisions of this bill:  

            a)   District agricultural association fairs;

        b)   Fish or shellfish, live or dead, from a fishing vessel, at a  
               pier or wharf, or at a farmer's market by any licensed  
               commercial fisherman when sold to the public for human  
               consumption;

            c)   Cat shows, dog shows, or bird shows, provided that all  
                   the following circumstances exist:

               i)     The show is validly permitted by the city or county  
                        in which the show is held;










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        ii)    Each and every participant in the show complies will all  
                 federal, state and local animal welfare and animal  
                 control laws;

        iii)   The participant has written documentation of the payment of  
                 a fee for the entry of his or her cat, dog, or bird in  
                 the show;

        iv)    The sale of a cat, dog, or bird occurs only on the premises  
                 and within the confines of the show; and,

        v)     The show is a competitive event where the cats, dogs, or  
                 birds are exhibited and judged by an established standard  
                 or set of ideals established for each breed or species.

           EXISTING LAW  proscribes animal abuse, as specified, including  
          the failure to maintain and care for the premises and animals at  
          pet shops, and generally provides that a pet store shall not  
          sell any dog or cat under eight weeks of age, but may sell a dog  
          or cat over eight weeks of age if the animal is weaned.

           AS PASSED BY THE ASSEMBLY  , this bill is substantially similar to  
          the version approved by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           GOVERNOR'S VETO MESSAGE  :

          "I am concerned with the scope and unintended consequences of  
          this bill and that it does not assure the humane and ethical  
          treatment and welfare of animals.  This bill has unknown costs  
          associated with the enforcement and implementation of  
          prohibiting the sale of live animals in specified venues and  
          could drive the selling of animals underground or to private  
          sites."


           Analysis Prepared by  :    Rebecca May / B. & P. / (916) 319-3301 











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