BILL NUMBER: AB 241	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 10, 2009

   An act to add Section 597.8 to the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 241, as introduced, Nava. Dogs and cats: breeders.
   Existing law specifies that certain conduct against animals is
criminal.
   This bill would make it a misdemeanor for an individual or
business that buys or sells dogs or cats to have more than a combined
total of 50 dogs and cats with intact sexual organs, as specified.
The bill would authorize certain officers to investigate a violation
of that provision, as provided, and to lawfully take possession of an
animal kept in violation of that provision, as specified.
   Because this bill would create a new crime, it 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.
State-mandated 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 the
Responsible Breeder Act of 2009.
  SEC. 2.  Section 597.8 is added to the Penal Code, to read:
   597.8.  (a) No individual or business that buys or sells dogs or
cats to the public or at wholesale shall own, possess, control, or
otherwise have charge or custody of more than a combined total of 50
dogs and cats with intact sexual organs. An individual or business
that must reduce the number of intact dogs or cats in order to comply
with this section shall spay or neuter the excess animals or sell,
transfer, or relinquish the excess animals. If necessary, any
euthanasia procedures shall be performed by a licensed veterinarian.
   (b) A peace officer, humane society officer, or animal control
officer may, upon receiving a complaint or upon his or her own
motion, investigate a violation of subdivision (a). The investigation
may include (1) the inspection of the books and records of an
individual or business that buys or sells dogs or cats to the public
or at wholesale and (2) the inspection of any place where dogs or
cats are bred or maintained. In conducting the inspection, the
officer may, during daytime operating hours, enter any premises where
animals may be bred or maintained. If the place or premises include
a home or residence, the officer shall obtain the consent of the
owner, tenant, or resident before entering the home or residence. An
individual or business that is the subject of an investigation under
this section shall, upon request of the officer, provide assistance
to the officer in making an inspection authorized by this section.
   (c) A peace officer, humane society officer, or animal control
officer may lawfully take possession of an animal kept in violation
of this section when necessary to protect the health or safety of the
animal or the health or safety of others. An officer that seizes an
animal under this subdivision shall comply with subdivision (f) of
Section 597.1.
   (d) A person who violates this section is guilty of a misdemeanor.

   (e) This section does not apply to any of the following:
   (1) A publicly operated animal control facility or animal shelter.

   (2) A veterinary facility.
   (3) A retail pet store.
   (4) A research institution.
  SEC. 3.  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.