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AB-2152 Public health: prohibition on the retail sale of dogs, cats, and rabbits.(2019-2020)

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Date Published: 05/18/2020 09:00 PM
AB2152:v97#DOCUMENT

Amended  IN  Assembly  May 18, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2152


Introduced by Assembly Member Gloria Members Gloria and O’Donnell
(Coauthors: Assembly Members Bloom, Boerner Horvath, Chiu, and Waldron)

February 10, 2020


An act to repeal and add 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 imposes a civil penalty on pet store operators for those violations.
Existing law requires an animal control officer, a humane officer, or a peace officer who detects any of certain violations of the laws governing pet store operators to issue a single notice to correct the violation, except as specified. Existing law makes a pet store operator who fails to comply with a notice to correct, as specified, guilty of a crime.
This bill, instead, would prohibit a pet store from adopting out, selling, or offering for sale a dog, cat, or rabbit. The bill would authorize a pet store to provide space to a public animal control agency or shelter, or animal rescue group, to showcase adoptable animals 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, 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, other requirements and exemptions, 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. This bill would make the provisions described above relating to the notice to correct applicable to a pet store that provides space to showcase animals, as specified. By expanding the scope of an existing crime, 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 repealed.

SEC. 2.

 Section 122354.5 is added to the Health and Safety Code, to read:

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).

(c)A pet store 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.

(d)

(c) 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)

(d) 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).

(f)

(e) 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.
(f) Each unlawful sale or offer for sale and each unlawful adoption or provision of space to display a dog, cat, or rabbit for adoption in violation of this section shall constitute a separate violation. A violation of subdivision (a) of this section is a misdemeanor. Nothing in this section shall preclude the prosecution of a person under any other applicable law.
(g) (1) A notice to correct pursuant to Section 122356 shall apply with respect to a violation of subdivision (b).
(2) Notwithstanding paragraph (1), a second or subsequent violation of subdivision (b) shall be a misdemeanor.

SEC. 3.

 Section 122357 of the Health and Safety Code is repealed.
SEC. 4.Section 122357 is added to the Health and Safety Code, to read:
122357.

A pet store that violates any provision of this chapter is guilty of a misdemeanor. Each unlawful sale or offer for sale and each unlawful adoption or provision of space to display a dog, cat, or rabbit for adoption in violation of this section shall constitute a separate violation. Nothing in this section shall preclude the prosecution of a person under any other applicable law.

SEC. 5.SEC. 4.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 6.SEC. 5.

 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.