Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

AB-2117 Pet store operators: crimes. (2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/06/2020 09:00 PM
AB2117:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2117


Introduced by Assembly Member O'Donnell

February 06, 2020


An act to amend Sections 122354.5 and 122357 of the Health and Safety Code, relating to pet stores.


LEGISLATIVE COUNSEL'S DIGEST


AB 2117, as introduced, O'Donnell. Pet store operators: crimes.
Existing law, the Pet Store Animal Care Act, requires pet store operators, as defined, to comply with laws governing, among other things, the care of animals in pet stores. Existing law makes a pet store operator who violates these provisions guilty of a misdemeanor, except as otherwise provided.
Existing law prohibits a pet store operator from selling a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group, as specified. Existing law also requires each pet store to comply with specified documentation, recordkeeping, and other requirements with respect to these animals. Existing law exempts a pet store operator who violates those provisions from criminal prosecution, but imposes a specified civil penalty upon that pet store operator, and provides that each animal that is offered for sale in violation of these provisions constitutes a separate violation.
This bill would revise that prohibition by excluding a society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from the list of organizations from which a pet store operator may obtain a live dog, cat, or rabbit for purposes of selling that animal. The bill would remove the exemption from criminal prosecution for a pet store operator who violates that prohibition or the other requirements, thereby creating new crimes. The bill would also provide that each animal that is offered for sale per day, rather than each animal that is offered for sale, in violation of those provisions constitutes a separate violation. By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 122354.5 of the Health and Safety Code is amended to read:

122354.5.
 (a) A pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter pursuant to Section 31108, 31752, or 31753 of the Food and Agricultural Code.
(b) All sales of dogs and cats authorized by this section shall be in compliance with paragraph (1) of subdivision (a) of Section 30503 of, subdivision (b) of Section 30520 of, paragraph (1) of subdivision (a) of Section 31751.3 of, and subdivision (b) of Section 31760 of, the Food and Agricultural Code.
(c) Each pet store shall maintain records sufficient to document the origin of each dog, cat, or rabbit the pet store sells or provides space for, for at least one year. Additionally, each pet store shall post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or nonprofit shelter from which each animal was obtained. Public animal control agencies or shelters may periodically require pet stores engaged in sales of these animals to provide access to the records.
(d) A pet store operator shall maintain written records sufficient to document the health, status, and disposition of each animal for a period of not less than two years after the animal is sold. These records shall be available to humane officers, animal control officers, law enforcement officers, prospective purchasers, or the purchaser of the animal for inspection during normal business hours.
(e) A pet store operator shall provide to the prospective purchaser, in writing, the pet return policy of the pet store. The return policy shall include the circumstances, if any, under which the pet store will provide followup veterinary care for the animal in the event of illness.
(f) At the request of the pet store operator, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shelter that supplies an animal to the pet store shall provide, in writing, the terms under which the animal is being transferred to the pet store, including policies on returning a sick animal, and information related to the animal, including the origin of the animal, if known, and any veterinary records.
(g) A pet store operator shall provide to the prospective purchaser or purchaser of an animal, a copy of the veterinary medical records of the animal, if any, including, but not limited to, records obtained pursuant to the requirements set forth in Section 122135.
(h) A pet store operator who is subject to this section is exempt from the requirements set forth in Article 2 (commencing with Section 122125) of Chapter 5, except for the requirements set forth in Sections 122135 and 122137, paragraphs (3) and (4) of subdivision (a) of, and paragraphs (5) and (6) of subdivision (b) of, Section 122140, and Section 122155.
(i) A pet store operator who violates this section is guilty of a misdemeanor, as described in Section 122357, and is subject to a civil penalty of five hundred dollars ($500). Each animal offered for sale per day in violation of this section constitutes a separate violation.

(j)For purposes of this section, a “rescue group” is an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code, and that does not obtain animals from breeders or brokers for compensation.

(k)

(j) This section does not prohibit a local governing body from adopting requirements that are more protective of animal welfare than those set forth in this section.

(l)This section shall become operative on January 1, 2019.

SEC. 2.

 Section 122357 of the Health and Safety Code is amended to read:

122357.
 A pet store operator who violates any provision of this chapter that is not specified in subdivision (a) of Section 122356 and is not proscribed by Section 122354.5 is guilty of a misdemeanor.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.