Bill Text: CA AB2152 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public health: prohibition on the retail sale of dogs, cats, and rabbits.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2020-09-18 - Chaptered by Secretary of State - Chapter 96, Statutes of 2020. [AB2152 Detail]
Download: California-2019-AB2152-Amended.html
122354.5. SEC. 3. Section 122357 of the Health and Safety Code is amended to read: 122357. 122357.
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.
Bill Title: Public health: prohibition on the retail sale of dogs, cats, and rabbits.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2020-09-18 - Chaptered by Secretary of State - Chapter 96, Statutes of 2020. [AB2152 Detail]
Download: California-2019-AB2152-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2152
| Introduced by Assembly Member Gloria (Coauthors: Assembly Members Bloom, Boerner Horvath, Chiu, and Waldron) |
February 10, 2020 |
An act to amend Section 122357 of, and to repeal and add Section 122354.5 Sections 122354.5 and 122357 of, the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2152, as amended, Gloria.
Public health: prohibition on the retail sale of dogs, cats, and rabbits.
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, unless 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 imposes various requirements on a pet store operator, including, among others, that the pet store maintain sufficient records to document the origin of each dog, cat, or rabbit the pet store sells or provides space for, for at least one year. Existing law
exempts a pet store operator who violates those provisions from criminal prosecution and instead imposes a civil penalty on pet store operators for those violations.
This bill, instead, would prohibit a pet store operator from selling a live dog, cat, or rabbit in a pet store. from adopting out, selling, or offering for sale a dog, cat, or rabbit. The bill would authorize a pet store operator to provide space to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group
or animal rescue group, to showcase adoptable animals if the pet store operator does not have an ownership interest in the animal and does not receive any compensation for providing space for the adoption of the animal. provided the animal displayed for adoption is both sterilized and adoptable for total fees not to exceed $500. The bill would remove the exemption for a pet store operator who violates these provisions, thus making the sale of a live dog, cat, or rabbit in a pet store a misdemeanor. misdemeanor, and would make each unlawful sale or offer for sale, adoption, or provision of space to display a dog, cat, or
rabbit for adoption a crime. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would also repeal various requirements, including, among others, the requirement for a pet store to maintain sufficient records to document the origin of each dog, cat, or rabbit the pet store sells or provides space for adoption.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 122354.5 of the Health and Safety Code is repealed.SEC. 2.
Section 122354.5 is added to the Health and Safety Code, to read:(a)A pet store operator shall not sell a live dog, cat, or rabbit in a pet store. This section does not restrict a pet store operator from providing space to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group to showcase adoptable animals if the pet store operator does not have an ownership in the animal and does not receive any compensation for providing space for the adoption of the animal.
122354.5.
(a) A pet store shall not adopt out, sell, or offer for sale a dog, cat, or rabbit. This section does not prevent a pet store from providing space to display animals for adoption in accordance with subdivision (b).(b) (1) A pet store shall not provide space for the display of dogs, cats, or rabbits available for adoption unless the animals are displayed by either a public animal control agency or shelter, or animal rescue group.(2) Any animal displayed for adoption
shall be both sterilized and adoptable for total fees, including, but not limited to, adoption fees, not to exceed five hundred dollars ($500).(b)
(c) A pet store operator who that 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.
(c)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 breed animals or obtain animals from breeders or brokers for compensation.
(d) For purposes of this section, the following definitions apply:
(1) An “animal rescue group” is any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose mission and practice is, in whole or significant part, the rescue and placement of animals into permanent homes, and that meets the following requirements:
(A) Does not breed animals.
(B) Does not obtain animals from any person that breeds or brokers animals.
(C) Is not located on the same premises where a person breeds animals.
(D) Does
not have any personnel in common with a person that breeds animals.
(E) Does not facilitate the sale or offer for sale of animals that were obtained from a person that breeds animals.
(2) “Public animal control agency or shelter” is any facility operated by or under contract with any governmental entity for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, rabbits, or other animals.
(e) For purposes of this section, “pet store” does not include a retail establishment operated by a bona fide animal rescue group offering animals for adoption that are sterilized, and if total fees for each animal, including, but not limited to, adoption fees, do not exceed five hundred dollars ($500).
(d)
(f) 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.
A pet store operator who violates any provision of this chapter that is not specified in subdivision (a) of Section 122356 is guilty of a misdemeanor.
SEC. 3.
Section 122357 of the Health and Safety Code is repealed.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.
