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AB-1138 Sale of cats or dogs.(2017-2018)

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Date Published: 04/18/2017 04:00 AM
AB1138:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1138


Introduced by Assembly Member Maienschein

February 17, 2017


An act to add Section 17531.2 to the Business and Professions Code, relating to the sale of pets.


LEGISLATIVE COUNSEL'S DIGEST


AB 1138, as amended, Maienschein. Sale of cats or dogs.
Existing law regulates the sale of dogs and cats in this state, including provisions governing the retail sale of dogs and cats.
This bill would make it unlawful for specified people and entities, in specified mediums, to advertise, call attention to, or give publicity to the sale or transfer of a dog or cat for which, among other things, the advertised dog or cat is not actually available for purchase by the public, pictures or descriptions of the dog or cat are not of the dog or cat actually available for purchase, which the statements about or pictures of the dog or cat are made or presented without the actual intent to sell or offer the exact dog or cat advertised or the statements about the dog or cat being advertised or offered for sale are known to be untrue or misleading. The bill would make a violation of these provisions a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, or by a fine not exceeding $2,500, or by both that imprisonment and fine.
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 17531.2 is added to the Business and Professions Code, to read:

17531.2.
 (a) It is unlawful for any person, firm, or corporation, in any newspaper, magazine, circular, form letter, or any open publication, published, distributed, or circulated in the State of California, including over the Internet, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device, to advertise, call attention to, or give publicity to, the sale or transfer of a dog or cat for which any of the following apply:

(1)The advertised dog or cat is not actually available for purchase by the public at the time of the advertisement or offer.

(2)Pictures or descriptions of a dog or cat are not of the dog or cat actually available for purchase by the public at the time of the advertisement or offer.

(3)

(1) Statements about the dog or cat being advertised or offered for sale are known, or by exercise of reasonable care should be known, to be untrue or misleading.

(4)

(2) Statements about or pictures of the dog or cat are made or presented without the actual intent to sell or offer the exact dog or cat so advertised advertised, pictured, or offered.
(b) In addition to any other penalty provided by law, any violation of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.

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.