Bill Text: CA AB241 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dogs and cats: breeding for sale.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB241 Detail]

Download: California-2009-AB241-Amended.html
BILL NUMBER: AB 241	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN SENATE  JUNE 16, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Nava
   (Coauthors: Senators DeSaulnier, Florez, and Strickland)

                        FEBRUARY 10, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 241, as amended, Nava. Dogs and cats: breeding for sale.
   Existing law proscribes specified acts against animals and imposes
criminal penalties for a violation.
   This bill would make it a misdemeanor for any person to have more
than a combined total of 50 unsterilized dogs and cats for breeding
or raising them for sale as pets, as specified. The bill would
authorize certain officers 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 person shall own, possess, control, or otherwise
have charge or custody of more than a combined total of 50
unsterilized dogs and cats at any time used for the purpose of
breeding or raising dogs or cats for sale as pets, or for the purpose
of producing offspring from dogs or cats for sale as pets. Any
person that must reduce the number of unsterilized 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 within 30
days following notification by authorities specified in subdivision
(b). If necessary, any euthanasia procedures shall be performed by a
California licensed veterinarian or a person qualified to perform
euthanasia procedures pursuant to regulations adopted by the
Veterinary Medical Board for employees of an animal control shelter
or humane society and its agencies who are not veterinarians or
registered veterinary technicians.
   (b) A peace officer, humane 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 paragraphs (1) to (4),
inclusive, of subdivision (f) of Section 597.1.
   (c) A person who violates this section is guilty of a misdemeanor.

   (d) This section does not apply to any of the following:
   (1) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group. Except as specified in subdivision  (f)
  (e)  , these entities are the same as the
entities regulated under Division 14 (commencing with Section 30501)
of the Food and Agriculture Code.
   (2) A veterinary facility.
   (3) A research facility, as defined in Section 2132(e) of Title 7
of the United States Code.
   (e) For purposes of this section, "rescue group"  is
  means  a not-for-profit entity whose primary
purpose is the placement of dogs, cats, or other animals that have
been removed from a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, or humane society
shelter, or that have been surrendered or relinquished to the entity
by the previous owner. 
   (f) Nothing in this section shall be construed to prevent a city,
county, or city and county from adopting or enforcing any local law
related to dogs or cats that may contain more restrictive provisions
relating to the possession of unsterilized dogs and cats than those
contained in this section. 
  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.                                            
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