| BILL NUMBER: AB 1122 as amended 29 Jun 09 |
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BILL NUMBER: AB 1122 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009 |
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| INTRODUCED BY Assembly Member Lieu (Coauthors: Assembly Members Eng and Jones) |
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| FEBRUARY 27, 2009 |
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| An act to add Section 597.4 to the Penal Code, relating to animals. |
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| LEGISLATIVE COUNSEL'S DIGEST |
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| AB 1122, as amended, Lieu. Animal abuse: sale of live animals. |
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| Existing law proscribes animal abuse, as specified, including the failure to maintain and care for the premises and animals at pet shops. Existing law also generally provides that a pet store shall not sell, offer for sale, trade, or barter any dog or cat that is under 8 weeks of age, but may sell, offer for sale, trade, or barter a dog or cat over 8 weeks of age only if the animal is weaned. |
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This bill would provide, in addition and with specified exceptions, that it shall be a crime, punishable as specified, for any person to willfully sell, display or offer for sale or give away as part of a commercial transaction, 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. The bill would provide that a notice describing the charge and the penalty for a violation of this bill may be issued by a peace officer, animal control officer, or humane officer. By creating a new crime, this bill would impose a state-mandated local program. |
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| 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. |
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| This bill would provide that no reimbursement is required by this act for a specified reason. |
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes. |
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| THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: |
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| SECTION 1. Section 597.4 is added to the Penal Code, to read: |
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597.4. (a) It shall be unlawful for any person to willfully sell, display or for sale, offer for sale , or give away as part of a commercial transaction, 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. |
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| (b) (1) A person who violates this section for the first time shall be guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250). |
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| (2) A person who violates this section for the first time and by that violation either causes or permits any animal to suffer or be injured, or causes or permits any animal to be placed in a situation in which its life or health may be endangered, shall be guilty of a misdemeanor. |
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| (3) A person who violates this section for a second or subsequent time shall be guilty of a misdemeanor. |
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| (c) A person who is guilty of a misdemeanor violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000) per violation; the court shall weigh the gravity of the violation in setting the fine. |
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| (d) A notice describing the charge and the penalty for a violation of this section may be issued by any peace officer; animal control officer, as defined in Section 830.9; or humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code. |
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| (e) This section shall not apply to the following: |
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| (1) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs. |
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| (2) The California Exposition and State Fair , district agricultural association fairs, or county fairs. |
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| (3) Stockyards with respect to which the Secretary of the United States Department of Agriculture has posted notice that the stockyards are regulated by the federal Packers and Stockyards Act (7 U.S.C. Sec. 181 et seq.). |
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| (4) The sale of cattle on consignment at any public cattle sales market; the sale of sheep on consignment at any public sheep sales market; the sale of swine on consignment at any public swine sales market; the sale of goats on consignment at any public goat sales market; and the sale of equine on consignment at any public equine sales market. |
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| (5) Live animal markets regulated under Section 597.3. |
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| (6) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. For purposes of this section, "rescue group" is a not-for-profit entity whose primary purpose is the placement of dogs, cats, or other animals that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter, or that have been surrendered or relinquished to the entity by the previous owner. |
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So remember, if you rescue casually, or otherwise without formal organization you are NOT exempt. Asking for money to defray the costs of spay / neuter, medical care, shelter fees and similar expenses creates a risk that you will be guilty of violating an animal cruelty law. |
| (7) The sale of 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 to the public for human consumption. |
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| (8) A cat show, dog show, or bird show, provided that all of the following circumstances exist: |
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| (A) The show is validly permitted by the city or county in which the show is held. |
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| (B) Each and every participant in the show complies with all federal, state, and local animal welfare and animal control laws. |
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This is an impossible criteria for anyone to meet. There is no way that any participant at a show can control or even know of the degree to which other participants are in compliance. It is like saying that you can sell your car on a parking lot only if all the other owners of all the other cars are properly registered, legally in compliance with smog and other things you can't know about much less control. |
| (C) 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. |
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| (D) The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show. |
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This is the worst possible thing. You don't want sales to be confined to a single transaction. A good relationship with a breeder is a developing relationship. It starts with an expression of interest and a communication that an animal is available. It continues with buyer and seller learning more, commuicating, visiting and otherwise following up after the initial contact. |
| (E) 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. |
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This rules out all competitive events that are based on the physical ability of the dog to perform a task or the behavioral ability of a dog to perform a task. Remember not to mention that you have a litter of skilled Border Collies at your next herding trial or you may be guilty of an animal cruelty crimg. |
| (f) Nothing in this section shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, the Lockyer-Polanco-Farr Pet Protection Act contained in Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, or Sections 597 and 597l of this code. |
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| (g) Nothing in this section limits or authorizes any act or omission that violates Section 597 or 597l of this code, or any other local, state, or federal law. The procedures set forth in this section shall not apply to any civil violation of any other local, state, or federal law that protects animals or the rights of consumers, or to a violation of Section 597 or 597l of this code, which is cited or prosecuted pursuant to one or both of those sections, or to a violation of any other local, state, or federal law that is cited or prosecuted pursuant to that law. |
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| SEC. 2. 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. |
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