BILL NUMBER: AB 241	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 23, 2009
	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  adult  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  adult
 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  adult 
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 (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" 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.