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AB-2425 Bowie’s Law: animals: adoption, shelter overcrowding, and breeding.(2023-2024)

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Date Published: 04/01/2024 09:00 PM
AB2425:v97#DOCUMENT

Amended  IN  Assembly  April 01, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2425

Introduced by Assembly Member Essayli

February 13, 2024

An act to add Section 32004 to, and to add and repeal Section 32005 of, the Food and Agricultural Code, and to amend Sections 122045 and 122055 of, and to add Section 122111 to, the Health and Safety Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2425, as amended, Essayli. Bowie’s Law: animals: adoption, shelter overcrowding, and breeding.
(1) Existing law declares that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Existing law also declares that it is the policy of the state that no treatable animal should be euthanized.
This bill, Bowie’s Law, would require an animal shelter, as defined, to provide public notice in a conspicuous location on its internet website or a third-party internet website regarding the adoption availability of any animal, that contains a list of all animals that are available for adoption or that are being held pursuant to specified laws, except as provided. The bill would also require the Department of Food and Agriculture to conduct a study on certain topics, including, among other topics, the overcrowding of California’s animal shelters, and, on or before January 1, 2027, to submit a report on that study to the Legislature, as provided. The bill would repeal these study and reporting requirements on January 1, 2031.
To the extent that this bill would impose a new program or higher level of service on local public animal control agencies or shelters, the bill would impose a state-mandated local program.
(2) The existing Polanco-Lockyer Pet Breeder Warranty Act requires every breeder of dogs to meet certain requirements relating to housing and maintaining dogs and to disclose specified information. The act defines “dog breeder” and “breeder” to mean a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of 3 or more litters or 20 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association.
This bill would change that definition to a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of 2 or more litters or 10 or more dogs during the preceding 12 months, as specified. The bill would additionally require a breeder, before a dog reaches eight weeks of age, to have a microchip device implanted in the dog that identifies the breeder, except as provided. The bill would require the breeder, upon the sale or transfer of the dog, to register the identity of the new owner with the microchip registry company as the primary owner on the microchip device and would require the breeder to provide certain information to the new owner regarding the microchip. The bill would prohibit a dog from being sold or otherwise transferred by a breeder, whether for compensation or otherwise, until it has been immunized against common diseases and has a documented health check from a licensed veterinarian.
(3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 This act shall be known, and may be cited, as Bowie’s Law.

SEC. 2.

 Section 32004 is added to the Food and Agricultural Code, to read:

32004.
 (a) Except for an animal irremediably suffering from a serious illness or severe injury pursuant to Section 17006, newborn animals that need maternal care and have been impounded without their mothers pursuant to Section 17006, and dogs with a history of vicious or dangerous behavior documented by the agency charged with enforcing state and local animal laws pursuant to subdivision (b) of Section 31108.5, an animal shelter shall provide public notice in a conspicuous location on its internet website or a third-party internet website regarding the adoption availability of any animal. that contains a list of all animals that are available for adoption or that are being held pursuant to Section 31108, 31752, or 31753.
(b) As used in this section, “animal shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.
(c) Section 9 does not apply to this section.

SEC. 3.

 Section 32005 is added to the Food and Agricultural Code, to read:

32005.
 (a) As used in this section, “animal shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.
(b) The department shall conduct a study on all of the following topics:
(1) The overcrowding of California’s animal shelters.
(2) The ways in which the state might address animal shelter overcrowding.
(3) The feasibility of a statewide database of dogs and cats that provides public notice and information at the statewide level in a manner consistent with Section 32004, including, but not limited to, by pursuing a public-private partnership.
(c) On or before January 1, 2027, the department shall submit a report on its study conducted pursuant to subdivision (b) to the Legislature.
(d) (1) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.

SEC. 4.

 Section 122045 of the Health and Safety Code is amended to read:

122045.
 (a)  This article shall be known and may be cited as the Polanco-Lockyer Pet Breeder Warranty Act.
(b)  Every breeder of dogs shall comply with this article. As used in this article, “dog breeder,” or “breeder” means a person, firm, partnership, corporation, or other association that has sold, transferred, or given away all or part of two or more litters or 10 or more dogs during the preceding 12 months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association.
(c)  For purposes of this article, “purchaser” means a person who purchases a dog from a breeder.
(d)  This article does not apply to pet dealers regulated under the Lockyer-Polanco-Farr Pet Protection Act (Article 2 (commencing with Section 122125)), or to publicly operated animal shelters, humane societies, or privately operated rescue organizations.

SEC. 5.

 Section 122055 of the Health and Safety Code is amended to read:

122055.
 (a) (1) A breeder shall maintain a written record on the health, status, and disposition of each dog for a period of not less than one year after disposition of the dog. The record shall also include all of the information that the breeder is required to disclose pursuant to Section 122050.
(2) A breeder shall, before a dog reaches eight weeks of age, have a microchip device implanted in the dog that identifies the breeder unless a licensed veterinarian determines the dog is medically unfit for the microchipping procedure because the animal has a physical condition that would be substantially aggravated by the procedure. Upon the sale or transfer of the dog, the breeder shall register the identity of the new owner with the microchip registry company as the primary owner on the microchip device.
(3) The breeder shall provide information on the transference of ownership, including the microchip company information, the microchip number and any other relevant identifiers, and any other information necessary for a new owner to subsequently update the microchip registration as necessary.
(b) A dog shall not be sold or otherwise transferred by a breeder, whether for compensation or otherwise, until it has been immunized against common diseases and has a documented health check from a licensed veterinarian.

SEC. 6.

 Section 122111 is added to the Health and Safety Code, to read:

122111.
 This article does not prohibit a city or county from adopting or enforcing a more restrictive breed-specific ordinance pursuant to Section 122331.

SEC. 7.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.