BILL NO.
|
AUTHOR(S)
|
SUBJECT
|
STATUS
|
TAC'S ACTION
|
| |
|
|
|
|
S.R. 86
Introduced
3/16/2020
|
Senator Atkins
|
SR 86 adds new Rule 58 to Standing Rules of the Senate for the 2019–20
Regular Session providing for Remote Participation in Meetings During
Emergencies.
|
Enrolled 3/17/2020
|
|
S.B. 808
Introduced
1/10/2020
|
Holly J. Mitchell (D-30) Los
Angeles
|
The Budget Act of 2020 would make appropriations for the support of state
government for the 2020-21 fiscal year. For animal items, see A.B. 1917
Amended in Senate, June 10, 2020
|
|
§
|
S.B. 573
Gut/amend
2/10/2020
2 year bill
2019-2020,
see
2019 Bill Table
|
Ling Ling Chang (R-29)
Diamond Bar
Sponsor: Social
Compassion in Legislation
|
As amended February 10, 2020, SB 573 gutted the original bill and added new
content with another bill to address the 2019 veto of the author's SB 64. SB
573 would add to the Food and Agricultural Code new §31108.3 and §31752.1
requiring microchipping dogs or cats prior to release from an agency, shelter
or group unless the reclaiming or new owner "states that the cost of
microchipping would impose an economic hardship for the owner or new
owner."
Assembly Com on Business & Professions Policy Analysis, August 6, 2020
Assembly Com on Appropriations Fiscal Analysis, August 16, 2020
See 2019 SB 64
NOTE: addressing 2019 veto issue, SB 573 does not require a dog or cat to
be microchipped if the agency, shelter, or group receives for the dog or cat
reclaimed or received by an owner who signs a form stating that the cost
of microchipping would impose an economic hardship for the owner.
|
Passed Senate; House Com on
Housing & Community
Development
2/24/20 to ASM Rules
6/18/20 referred to ASM B &P
Hrg 8/10 pass 19-0
ASM Approps Hrg 8/18/2020
pass 18-0 to Consent
ASSEMBLY 2nd Day Consent
8/30/2020 Item 230:
ordered to Special Consent
pass 75-0(4, 1V)
SENATE concurred in Assembly
amendments 39-0
Enrolled, 9/2/2020
To Governor, 9/8/2020
Approved by Governor 9/18/2020
Fiscal Committee
|
|
S.B. 580
Introduced
2/22/2019
2 year bill
2019-2020,
see
2019 Bill Table
|
Scott Wilk (R-21) Santa
Clarita
Source: Animal Legal
Defense Fund
Add Co-authors: Senator
Bates; Assembly Members
Boerner Horvath, Mathis
Add Co Author, Senator
Hueso
|
As introduced, SB 580 would be known as Animal Cruelty and Violence
Intervention Act of 2019; amend Penal Code §597 making non-substantive
changes and repealing §597(h) covering probation granted for any violation of
§597; adding to the Penal Code a new §600.8 covering probation granted for
violation of an expanded list of animal violations; and a new §600.9. for a
defendant who is granted probation or a suspended sentence for specified
offenses, the "court shall consider whether to order that person to complete a
responsible animal owner education course" from among listed alternatives.
Senate Com on Public Safety Policy Analysis, April 8, 2019
Amended in Senate, May 17, 2019 to add an additional subsection to new P.C.
§600.8, "(c) A finding that the defendant suffers from a mental disorder, and
any progress reports concerning the defendant’s treatment, or any other
records created pursuant to this section, shall be confidential and shall not be
released or used in connection with any civil proceeding without the defendant’
s consent;" and add to the bill, a new SEC. 5. to read, "The Legislature finds
and declares that Section 3 of this act, which adds Section 600.8 of the Penal
Code, imposes a limitation on the public’s right of access to the meetings of
public bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need for
protecting that interest:
In order to protect the privacy of defendants with respect to mental health
evaluations and treatment, it is necessary that records of those evaluations
and that treatment remain confidential."
Amended in Senate, May 22, 2019 to add co-author and make non-
substantive amendment to bill Section 4, new Penal Code §600.9(a)
Senate Floor Analysis, May 23, 2019
Assembly Committee on Public Safety Policy Analysis, July 8, 2019
Assembly Committee on Public Safety Policy Analysis, August 3, 2020
Amended in Assembly, August 10, 2020
Assembly Com on Appropriations Fiscal Analysis, August 16, 2020
See 2018 SB 1024, Held in Assembly Appropriations Suspense File
|
SEN Com on Public Safety
Hrg 4/9 pass 7-0
SEN Approps Hrg 4/22/19
SUSPENSE File
Release Hearing 5/16/19:
Pass as amended 6-0
SENATE 3rd Rdg 5/28/19
pass 38-0
ASSEMBLY Committee on Public
Safety, Hrg 6/25 7/9/19 set for
second hearing. Testimony taken.
Hrg 8/3/20 postponed by com
8/6/2020 pass 6-0(2) as
amended
ASM Approps Hrg 8/18/20
placed on Suspense file
Release hearing 8/20/20
Hold in Committee
Fiscal Committee
|
|
S.B. 627
Introduced
2/22/2019
2 year bill
2019-2020,
see
2019 Bill Table
|
Cathleen Galgiani (D-5)
Stockton
Sponsor: Lovingly &
Legally.
|
As introduced, SB 627 would state the intent of the Legislature as context for
amendments further developing provisions of 2018 AB 2215 and integrating
these into the cannabis law: (a) Prevent the potential danger of animal abuse
by regulating the use of medicinal cannabis on animals.
(b) Give veterinarians the tools they need to treat their patients effectively
without the fear of jeopardizing their license.
(c) Ensure that access is readily available to animal patients.
(d) Further research and knowledge throughout the health care system and for
health care practitioners regarding medicinal cannabis.
Amended in Senate, March 28, 2019 to
Senate Com on Bus, Profs & ED policy analysis, April 18, 2019
Amended in Senate, April 30, 2019
Senate Com on Appropriations Fiscal Analysis, May 13, 2019
Senate Floor Analysis, May 18, 2019 NOTE, VMB opposition, "The Veterinary
Medical Board writes in opposition, “The Board must be able to take action
against veterinarians for negligent or incompetent cannabis use
recommendations – especially if the recommendation resulted in animal
harm. The bill’s lack of protection against negligent and incompetent
cannabis recommendations by veterinarians would have serious impacts on
the health and welfare of animal patients."
Assembly Com on Business & Professions Policy Analysis, July 5, 2019
Amended in Assembly, August 13, 2019
Amended in Assembly, August 11, 2020
Assembly Com on Appropriations Fiscal Analysis, August 16, 2020
§§
See 2018 AB 2215 (Kalra) would be amended by this bill.
|
SEN Committee on Business,
Profs & ED
Hrg 4/22 pass 9-0, as
amended
SEN Approps Hrg 5/13
Placed in SUPSENSE FILE
6-0
Hearing 5/16: pass 4-1(1)
SENATE FLOOR 5/23/19 pass
33-0(5, 2 Vacancies)
ASSEMBLY Com on Business &
Professions Hrg 7/9 pass 17-2(0)
as amended
8/12 Received at desk July 17
pursuant to
JR 61(a)(10)
ASM APPROPS Hrg 8/21/19
Canceled, author request
8/18/20 placed on Suspense File
Release hearing 8/20/20
Hold in Committee
Fiscal Committee
|
|
S.B. 1041
Introduced 218/2020
|
Ben Hueso (D-40) San
Diego
Sponsor: Social
Compassion in Legislation
|
As introduced, SB 1041 would amend Fish & Game Code §3960 to add a
new subsection (c) "It is unlawful to use any dog for the purpose of hunting
deer at any time;" re-letter the following subsections; and add a new
subsection (d)(1) allowing specific department actions, a new (D) "Capture or
dispatch any dog that is being used to hunt deer in violation of subdivision (c)
and that is inflicting injury or immediately threatening to inflict injury to any
deer." Note, "dispatch" in this context means to kill.
See Senator Hueso's 2019 SB 313, Circus Cruelty Prevention Act
|
SEN Com on Natural Resources
& Water Hrg 3/24
9:30 am, postponed by
committee.
Fiscal Committee
|
|
S.B. 1115
Introduced
2/19/2010
|
Scott Wilk (R-21) Santa
Clarita
Sponsor: Social
Compassion in Legislation
ADD Co-author Caballero
|
As introduced, SB 1115 would amend the Commercial Blood Banks for
Animals and Biologics law in the Food & Agricultural Code to prohibit
commercial animal blood banks from using captive colony donors and a
number of related provisions to implement the change to all community
sourced donors. This bill will be in competition with AB 1953 (Bloom) and
attempts to be responsive to the 2019 veto of SB 212 while still maintaining a
supply of safe blood and blood products in California.
Amended in Senate, April 15, 2020 to
Senate Com on Agriculture Policy Analysis, May 12, 2020
Amended in Senate, May 20, 2020 to adjust the time frame for determination
that community-sourced donors have produced sufficient product equal to a
baseline period to ensure meeting needs so that the transitional provision to
allow licensing of both captive colony and community-sourced donors can
become inoperable and repealed eliminating captive colony licensees: " three
years after the date that the department determines that an equivalent supply
of blood sold in California from captive closed-colony blood banks for animals
during the years 2018 to 2019, inclusive, is being produced over an equivalent
time period from community-sourced blood banks for animals."
Senate Appropriations Fiscal Analysis, June 7, 2020
Amended in Senate, June 18, 2020 to
Senate Floor Analysis, June 23, 2020
See 2019 SB 202
|
Triple referred; SEN Committees
on
Agriculture Hrg 3/30, postponed
by Committee Hrg 5/13 Pass
4-0(1) as amended
SEN Approps Hrg 6/9/20
Suspense file, hearing 6/18
pass as amended
SENATE Floor 3rd Rdg 6/24 pass
39-0(1) Urgency clause
adopted
ASSEMBLY
Committee on Agriculture
Referral to Coms. on JUD., and
B., P. & E.D., rescinded due to the
shortened 2020 Legislative
Calendar.Judiciary
Business, Professions &
Econ Development
Fiscal Committee; Urgency*
This act is an urgency statute
necessary for the immediate
preservation of the public peace,
health, or safety within the meaning of
Article IV of the California Constitution
and shall go into immediate effect. The
facts constituting the necessity are:
In order to allow the Department of
Food and Agriculture to license
community-based commercial blood
banks to meet the current animal blood
shortage in the state, it is necessary
that this act to take effect immediately.
|
|
S.B. 1239
Introduced 2/2/20
|
Steven M. Glazer (D-7)
Orinda
|
As introduced, SB 1239 would add to Food & Agricultural Code, Division 14.8
Animals a new §32100 et seq for the California Animal Response Emergency
System (CARES) program, under the oversight of the secretary, the Animal
Care Network in Disasters program to develop first responder capability to
evacuate and care for domestic pets and livestock, including research of best
practices; establish the Animal Care Network in Disasters Fund in the State
Treasury for support of this program as described.
|
Fiscal Committee
|
|
S.B. 1347
Introduced 2/21/20
|
Cathleen Galgiani (D-5)
Stockton
Sponsor: Cal Animals
ADD Co-author ASM Chen
|
As introduced, SB 1347 would amend the Veterinary Practice Act, Business &
Professions Code §4827 to expand authorized practice of veterinary medicine
without a license as permitted for shelter personnel administering sodium
pentobarbital for euthanasia of sick, injured, homeless, or surrendered
domestic pets or animals without the presence of a veterinarian, when
trained, to other designated basic care and first aid under requirements and
conditions.
Amended in Senate, May 6, 2020 to make clarifying amendments.
Senate Com on Business, Professions & ED Policy Analysis, May 17, 2020
Amended in Senate, May 22, 2020
Senate Com on Appropriations Fiscal Analysis, June 10, 2020
Senate Floor Analysis, June 10, 2020
Amended in Assembly, July 27, 2020 specifies first aid procedures that may
be performed by shelter personnel for animals lawfully deposited at the
shelter without the presence of a licensed veterinarian if the personnel have
received specified training.
Amended in Assembly, August 4, 2020 to exempt RVTs from the training
requirements for shelter personnel to administer specified first aid to animals
lawfully deposited at the shelter without the presence of a licensed
veterinarian.
Assembly Com on Business & Professions Policy Analysis, August 9, 2020
Amended in Assembly, August 12, 2020
|
SEN Com on Bus, Profs & ED
Hrg 5/18 Pass, as amended
8-0(1)
SEN Approps Hrg 6/9 Rule
28.8
SENATE 3rd Rdg 6/22
passed 40-0
ASSEMBLY
6/29 COM on Bus & Profs
Hearing 7/27 postponed by
Com Hrg 8/10
pass 13-0(6)
ASM Approps Hrg 8/18/20
Hrg cancelled @author rqst
Fiscal Committee
|
30
|
S.B. 1371
Introduced 2/21/20
|
Senate Committee on
Judiciary
|
As introduced, SB 1371 is the maintenance of the codes bill that makes
minor, non-substantive changes to effectuate the recommendations made by
the Legislative Counsel to the Legislature.
|
SEN Committee on Judiciary
Hrg 5/22, pass 8-0(1)
SENATE 3rd Rdg 6/11s
pass 39-0(1)
ASSEMBLY
Com on Judiciary Hrg 8/12
pass 11-0
ASSEMBLY 2nd day Consent
8/30/20 Item 228, passed.
SENATE
9/10/20 Enrolled, to Governor
9/30/20 Approved by Governor;
Chaptered by Secretary of State.
Chapter 370, Statutes of 2020.
Non Fiscal
|
|
| |
|
|
|
|
2020
|
Joint Sunset Review
Oversight Hearings
|
BACKGROUND PAPER FOR THE Veterinary Medical Board IDENTIFIED
ISSUES, BACKGROUND, AND RECOMMENDATIONS REGARDING THE
VETERINARY MEDICAL BOARD
|
Joint Sunset Review Oversight
Hearing, March 17, 2020
(Postponed)
|
|
A.J.R. 26
Introduced 2/4/2020
|
Luz Rivas (D--39) North
Hollywood
Co-author: Marie Waldron
(R-75) Escondido
|
As introduced, Assembly Joint Resolution No. 26 would urge the federal
government to immediately declare a moratorium on all further wild horse and
burro roundups and would urge the United States Bureau of Land
Management and the United States Forest Service to restore the wild horses
and burros of California to their legal areas throughout the state.
|
Non-Fiscal
|
|
A.B. 1917
Introduced
1/10/2020
|
Phil Ting (D-19) San
Francisco
|
The Budget Act of 2020 would make appropriations for the support of state
government for the 2020–21 fiscal year. NOTES - Animal items
Governor's May 2020 Revision
Amends the law as of June 30, 2020 - amendments
UC Davis Shelter Medicine item, discretionary, contingent, $5m limit
|
6/26/2020 CHAPTERED
|
|
A.B. 1953
Introduced
1/17/2020
|
Richard Bloom (D-50)
Santa Monica
ADD Co-author ASM Chad
Mayes (Independent-42)
Yucca Valley
|
As introduced, AB 1953 would amend the Veterinary Practice Act, Business &
Professions Code §4826 to add a new action to the definition of veterinary
practice, "(f) Collects blood from a dog for the purpose of transferring or
selling that blood, or blood products derived from the blood, to a licensed
veterinarian for use at a registered premise."
Amended in Assembly, May 4, 2020 to to create within the Veterinary Practice
Act a regulatory scheme for community blood banks that produce for sale
blood and blood products for animals exclusively from donor animals
volunteered without compensation by individuals. These blood banks would
comply with requirements of the Department of Food and Agriculture and
submit quarterly reports to it of amounts of blood produced. When that
production meets a certain level, the Dept would discontinue its licensing of
community blood banks producing products from captive closed-colony dogs.
|
Asm Committee on Business
and Professions
Hrg 5/21 10 am
Fiscal Committee
|
|
A.B. 1955
Introduced
1/17/2020
|
Randy Voepel (R-71)
Santee
|
As introduced, AB 1955 would amend Penal Code §600 (law enforcement
horses and dogs) subsection (a) if a serious injury is not inflicted on the horse
or dog, increase the maximum fine from $1,000 to $2,000; and subsections
(a) and (c) if serious injury is inflicted on the horse or dog, the bill would
require a felony sentence to be served in the state prison rather than a county
jail.
|
Asm Public Safety Hrg 3/10
hrg cancelled,@author rqst
|
|
A.B. 1984
Introduced
1/23/2020
|
Brian Maienschein (D-77)
San Diego
|
As introduced, AB 1984 would conform various statutory provisions of law to
the abolition of municipal courts and their unification within the superior courts
including amending Corporations Code §14502 to delete the term,
"constables."
Assembly Committee on Judiciary Policy Analysis, March 6, 2020
Assembly Committee On Appropriations Fiscal Analysis, May 31, 2020
Amended in Senate, June 26, 2020
Senate Floor Analysis, August 14, 2020
|
Asm Judiciary Hrg 3/10
pass 11-0
ASM Approps Hrg 6/2
Pass to Consent, 18-0
ASM 2nd Rdg pass 6/8
76-0(3, 1 Vac)
SENATE Com on Judiciary
Hrg 7/30 pass 9-0
recommend consent
SEN Approps Hrg 8/13 to
ASSEMBLY 2nd day 8/28/20
Consent Item 165,
pass 39-0(1)
Assembly. Concurrence in
Senate amendments 8/30, Item
61; concurred.
Approved by Governor 9/28/20
Chaptered by Secretary of State -
Chapter 210, Statutes of 2020
Fiscal Committee
|
|
A.B. 2059
Introduced 2/4/2020
|
Sydney Kamlager (D-54)
Los Angeles
add Co-Author Richard
Bloom (D-50) Santa Monica
|
As introduced, AB 2059 would create the Protection of Dogs from
Unnecessary Testing Act by adding to the Civil Code a new §1834.9.3
prohibiting a contract testing facility from conducting a canine toxicological
experiment for any purpose other than those specified in accordance with the
terms defined in this section.
Assembly Committee on Judiciary Policy Analysis, March 6, 2020
Amended in Assembly, March 11, 2020 to
Assembly Committee on Appropriations Fiscal Analysis, May 31, 2020
|
ASM Judiciary Hrg 3/10
pass 10-1 as amended
ASM Approps. Hrg 6/2
SUSPENSE FILE, HELD UNDER
SUBMISSION
|
|
A.B. 2117
Introduced 2/6/2020
|
Patrick O'Donnell (D-70)
Long Beach
Sponsor: Social
Compassion in Legislation
|
As introduced, AB 2117 would amend the Pet Store Animal Care Act, Health &
Safety Code §122354.5 (a,) (c,) and (f) to allow a pet store operator to only sell
a live dog, cat, or rabbit in a pet store that was obtained from a public animal
control agency or shelter, deleting private (non contract) shelters and rescue
organizations and amend (i) to classify any violation of §122354.5 as a
misdemeanor in addition to the existing civil penalty of $500 and each
violation being each animal offered for sale per day; and other corresponding
amendments.
See CALIFORNIA 2020 RETAIL PET STORE BILLS COMPARED TO EXISTING
STATUTE, 2/23/2020
See 2017 AB 485 (O'Donnell) and 2018 AB 2445 (O'Donnell)
|
ASM Com on Bus & Profs
Fiscal Committee
|
|
A.B. 2152
Introduced
2/10/2020
|
Todd Gloria (D-78) San
Diego
Principal Co-Author, ASM
Waldron, co-authors
Bloom, Tasha Boerner
Horvath, Chiu,
Sponsor San Diego
Humane Society
ADD Principal Co-Author
ASM O'Donnell
|
As introduced, AB 2152 would amend the Pet Store Animal Care Act to repeal
existing Health and Safety Code §122354.5 allowing retail pet stores to
acquire dogs, cats and rabbits for resale from humane sources, and add a
new §122354.5 to prohibit any retail sales and only allow showcasing for
providing space to a public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or rescue
group as long as the store has no ownership interest in the animal or
compensation for providing space.
The store operator is exempt from specified provisions of Lockyer-Polanco-
Farr Pet Protection Act.
For purposes of this section, a “rescue group” is an organization that is tax
exempt under Section 501(c)(3) of the Internal Revenue Code, and that does
not breed animals or obtain animals from breeders or brokers for
compensation.
Violations would be misdemeanors.
Amended in Assembly, May 4, 2020 to expands the bill's concepts, adding a
proviso that showcased animals are "both sterilized and adoptable for total
fees, including, but not limited to, adoption fees, not to exceed five hundred
dollars ($500);" and revised the definitions subsection with an expanded
definition:
(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.
NOTE below, equivalent language, Myrtle Beach, SC
Amended in Assembly, May 18, 2020 to add principal co-author and further
amend to tightly organize the bill with Health and Safety Code §122354.5
repealed and this new section added:
(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).
Note: Previous (c) exempting pet stores selling dogs or cats from requirements
of the Lockyer-Polanco-Farr Pet Protection act is repealed from existing law,
because pet stores will no longer be sellers.
Re-lettered as (c) is the rescue definition with the additional restrictions added
and specific to this section to avoid possibilities for fraudulent schemes to
defeat the purposes of the law.
(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.
Also newly re-lettered, this is a new subsection to cover an independent retail
outlet operated by a rescue group that would be "bona fide" and also subject
to the sterilization requirement and fee limit of $500.
(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).
Also newly re-lettered from existing law.
(e) This subsection does not prohibit a local governing body from adopting
requirements that are more protective of animal welfare than those set forth in
this section.
A new subsection (f) and (g) are added to cover penalties. The penalty section
from existing law, H&S Code §122357 is repealed, revised in (f.) (f) covers
violations of subsection (a) that are separate misdemeanor offenses for which
no correction notice is allowed.
(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.
New subsection (g) applies only to a (b) offenses and allows one correction
notice with additional offenses classified as misdemeanor offenses pursuant to
the Pet Store Animal Care Act.
(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.
Assembly Committee on Business & Professions Policy Analysis. May 19,
2020
Assembly Committee on Appropriations Fiscal Analysis, May 31, 2020
Amended in Assembly, June 4, 2020 to delete from the above amendment,
subsections (f) and (g) and add a new (f to read, "(f) It is the intent of the
Legislature to authorize a civil penalty for a violation of this section." Since
there now would be no criminal offense provided, bill section 5 is deleted,
"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."
Amended in Senate, July 22, 2020 to add new civil penalties including
violations based on the revised definition of "animal rescue group" to remove
3 of the 5 (C, D and E above) elements in the prior definition to now read as
follows:
(d) 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 in exchange for payment or compensation from
any person that breeds or brokers animals.
Express provisions were added stating the pet store shall not receive any fees
for showcasing and that all animals offered by qualifying sources must be
sterilized, offered at adoption costs not totalling more than $500 and notice of
the fees must be posted as required. Additionally, an animal rescue group
operating a retail store in compliance with these requirements is not a pet
store for purposes of this section.
The new civil penalties are as follows:
(g) A violation of this section shall result in a single notice to correct, which
shall detail the specific violation of this section, the corrective action that must
be taken, and the time period in which it must be corrected. A failure to
correct the violation in the time period stated in the notice to correct shall be
punished by a civil penalty of one thousand dollars ($1,000) for a first
violation, two thousand five hundred dollars ($2,500) for a second violation,
and five thousand dollars ($5,000) for subsequent violations of the same
provision. Each animal adopted, sold, or offered for sale in violation of
subdivision (a) constitutes a separate violation.
(h) An action for a violation of this section may be brought in the name of the
people of the State of California by the district attorney for the county where
the violation occurred in the appropriate court or by the city attorney in the city
where the violation occurred. In addition to any other remedy, the district
attorney is authorized to apply to the court for, and that court shall have
jurisdiction upon hearing and for cause shown to grant, a temporary or
permanent injunction enjoining or restraining any person or entity from
violating any provision of this section.
Senate Com on Bus, Profes & Econ Devel Policy Analysis, August 8, 2020
Senate Floor Analysis, August 12, 2020
Amended in Senate, August 20, 2020
Senate Floor Analysis, August 25, 2020
As amended August 22, 2020, the bill's content was gutted and amended with
revised content and clean text, shown below for convenient reference:
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).
(3) The pet store displaying dogs, cats, or rabbits pursuant to paragraph (1)
shall not receive any fees in connection with the display of dogs, cats, or
rabbits.
(c) A public animal control agency or shelter, an animal rescue group
displaying animals at a pet store, or an animal rescue group operating a
retail establishment shall not offer dogs, cats, or rabbits for adoption unless
the animals are sterilized, the animals are adoptable for total fees, including,
but not limited to, adoption fees, not to exceed five hundred dollars ($500),
and the adoption fees are posted and visible to the public on or near the
enclosures or areas where adoptable animals are displayed. An animal
rescue group that displays animals at a pet store, but does not meet the
criteria set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of
subdivision (e) is also subject to the penalties described in this section.
(d) (1) Each violation of subdivision (a), (b), or (c) shall result in a single
written notice to the pet store and any public animal control agency, shelter,
or animal rescue group responsible for the animal that is the subject of the
violation. The notice shall set forth in detail the specific violation, the name
and location of the pet store, the name and location of, or other identifying
information regarding, the public animal control agency, shelter, or animal
rescue group responsible for the animal that is the subject of the violation,
and any other information relevant to the violation. In addition, the notice shall
include a direction to cease the specific activity found to be in violation of
this section and state the time period during which the violation must be
corrected.
(2) A failure to correct the violation described in the notice issued pursuant to
paragraph (1) in the time period stated in the notice to correct shall be
punished by a civil penalty of one thousand dollars ($1,000) for a first
violation, two thousand five hundred dollars ($2,500) for a second violation,
and five thousand dollars ($5,000) for subsequent violations as described
in the notice. Each animal that is displayed, adopted, sold, or offered for sale
or adoption in violation of subdivision (a), (b), or (c), as described in the notice,
constitutes a separate violation.
(e) (1) For purposes of this section, the following definitions apply:
(A) 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:
(i) Does not breed animals.
(ii) Does not obtain animals in exchange for payment or compensation from
any person that breeds or brokers animals.
(B) “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.
(2) For purposes of this section, “pet store” does not include an animal
rescue group operating a retail establishment in compliance with subdivision
(c).
(f) 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.
(g) An action for a violation of this section may be brought in the name of the
people of the State of California by the district attorney for the county where the
violation occurred in the appropriate court or by the city attorney in the city
where the violation occurred. In addition to any other remedy, the district
attorney is authorized to apply to the court for, and that court shall have
jurisdiction upon hearing and for cause shown to grant, a temporary or
permanent injunction enjoining or restraining any person or entity from
violating any provision of this section.
SEC. 3.
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.
NOTE Mrytle Beach, South Carolina ordinance animal rescue definition
contains equivalent language, SEE MORE INFORMATION
See CALIFORNIA 2020 RETAIL PET STORE BILLS COMPARED TO EXISTING
STATUTE, 2/23/2020
Assemblymember Gloria's Press Release, February 11, 2020,
|
ASM Com on Bus & Profs
Hrg 5/21
pass 18-0 (1)
Hearing Audio May 21, 2020
ASM Approps Hrg 6/2
SUSPENSE FILE
Release Hrg 6/3
passed as amended
ASSEMBLY 3RD RDG 6/10
pass 75-0(4, 1 Vac)
SENATE Com on B, P & ED
Hrg 8/8/20
Saturday, 10 am
pass 9-0
Hearing audio 8/8/2020
Non-Fiscal Committee
SENATE FLOOR 3rd Rdg
8/27/2020 Item 96
pass 30-0(10)
Assembly, concurrence in Senate
amendments, 8/30
Item 11: concurred in.
Enrolled 9/1/20
To Governor, 9/10/2020
Approved by Governor 9/18/2020
|
§§§
|
A.B. 2568
Introduced
2/20/2020
|
Brian Maienschein (D-77)
San Diego
Sponsor: Social
Compassion in Legislation
|
As introduced, AB 2568 would add to the Government Code a new §8608.1, "
A city or county that requires a kennel license or permit to operate a kennel
within its jurisdiction shall require, as a condition for obtaining the license or
permit, that the kennel owner create and submit to the city or county an animal
natural disaster evacuation plan for any kennel covered by the license or
permit."
See 2019 AB 486 (Monique Limón) held in Assembly Suspense
|
ASM Com on Governmental
Organization
|
|
A.B. 2645
Introduced
2/20/2020
|
Adrin Nazarian (D-46)
Toluca Lake, Los Angeles
Sponsored by Animal
Legal Defense Fund;
Animal Hope in Legislation
|
As introduced, AB 2645 would add to the Penal Code a new §1105 (a) In any
prosecution pursuant to Section 310, 596, 597, 597.1, 597.5, 597.7, 597a,
597b, 597c, 597f, 597h, 597i, 597j, 597m, 597s, 597t, 600, or 600.5, or in any
court proceeding pursuant to Section 310, 596, 597, 597.1, 597.5, 597.7,
597.9, 597a, 597b, 597c, 597f, 597h, 597i, 597j, 597m, 597s, 597t, 598.1,
599aa, 600, or 600.5 or in any other criminal proceeding regarding the
welfare, care, or custody of an animal, the court, upon its own motion or upon
request of a party or counsel for a party, may appoint an advocate to represent
the interests of the animal, without regard to whether the animal is alive or
deceased. The court may appoint an advocate at any stage of the proceedings
during or after arraignment.
(b) If a court appoints an advocate pursuant to subdivision (a), the court shall
appoint that advocate from the list maintained by the court clerk pursuant to
subdivision (d). The court has discretion to remove the advocate.
(c) (1) If the court appoints an advocate pursuant to this section, all of the
following apply:
(A) The advocate shall monitor the case.
(B) The advocate shall have access to relevant files, documents, and reports
related to the case.
(C) The advocate shall share with attorneys for the state and defendant any
information new to the case or prepared by the advocate for presentation to
the court or either party.
(D) The advocate shall present information and recommendations to the court
that are pertinent to determinations that relate to the interests of the animal the
advocate represents, if the information and recommendations are the result of
the duties the advocate has undertaken pursuant to this subdivision. The
information and recommendations may be based upon the knowledge and
experience of the advocate or another specialist with specific knowledge and
expertise relating to the type of animal that is involved in the case.
(2) An advocate who is appointed pursuant to this section may do any of the
following:
(A) Consult any individual who has information that could aid the judge or
factfinder in making a determination regarding the interests of the animal.
(B) Review records relating to the animal’s condition and the defendant’s
actions, including, but not limited to, records from animal control officers,
veterinarians, and peace officers.
(C) Attend hearings by being physically present or by means of electronic
audiovideo communication.
(D) As needed and appropriate, provide a victim impact statement to the court.
(d) The clerk of the court shall maintain a list of attorneys and certified law
students who have indicated a willingness to serve as advocates pursuant to
this section on a voluntary basis, and are eligible to serve in that capacity. In
order to be eligible to serve as an advocate, attorneys shall be licensed to
practice law in this state and the applicable rules of professional conduct
apply. In order to be eligible to serve as an advocate, certified law students
shall be authorized to make court appearances in California and have
completed training required pursuant to the rules of the State Bar of California
for purposes of the Practical Training of Law Students Program.
(e) This section applies to cases arising from arrests made on or after
January 1, 2021.
(f) For purposes of this section, an “animal” has the meaning set forth in
Section 599b.
|
Fiscal Committee
|
|
A.B. 2691
Introduced
2/20/2020
|
Rebecca Bauer-Kahan
(D-16) Orinda
|
As introduced, AB 2691 would create requirements for dog trainers, training
facilities and operators parallel to the Pet Boarding Facilities law with
additional requirements and enforcement provisions for dog training.
Because this bill is so heavily dependent on 2016 SB 945's content that
distracts from the critical issue of WHO would be subject to the bill, we are
providing a detailed resource to separate and prioritize these concerns.
REFERENCE GUIDE: CA AB 2691 (Bauer-Kahan) Dog Training, 2/24/2020
Also see 2016 AB 995 (Monning)
|
ASM double referred:
Com on Bus.& Profs
Com on Judiciary
Fiscal Committee
|
|
A.B. 2855
Introduced
2/21/2020
|
Assembly Committee on
Business & Professions
|
As introduced, AB 2855 would make non-substantive changes to the
Veterinary Practice Act and specifically amend §4841.4 providing for VMB
qualifications for registration of veterinary technicians, that the only
examination shall be "a national licensing examination." (Currently no
examination has been required.)
|
ASM Com on Business &
Professions
See Sunset Review Oversight
Hearings Above
Fiscal Committee
|
|
A.B. 2888
Introduced
2/21/2020
|
Laura Friedman (D-43)
Glendale
|
As introduced, AB 2888 would add to Chapter 5 (Sales of Dogs and Cats) of
Part 6 of Division 105 of the Health and Safety Code a new Article 4,
Emotional Support Dogs as Health & Safety Code §122317 requiring a seller
of an emotional support dog or identifying items must disclose non-eligibility
as a service dog and that any certificate or registration and that any
certification or registration does not imply that there is a government validation
or endorsement of the certification or registry; as well as amending Penal
Code §365.7, fraudulent representation of guide, signal, or service dog to
expressly include doing so with an emotional support dog.
Amended in Assembly, March 16, 2020 to add to the above referenced new
Health & Safety Code, Chapter 5 a new §122318 to read:
" (a) A health care practitioner shall not provide documentation relating to an
individual’s need for an emotional support dog that is not a guide, signal, or
service dog, as defined in Section 365.5 of the Penal Code, unless the health
care practitioner complies with all of the following criteria:
(1) Possesses a valid, active license and includes the effective date, license
number, jurisdiction, and type of professional license in the documentation.
(2) Is licensed to provide professional services within the scope of the
license in the jurisdiction in which the documentation is provided.
(3) Establishes a client-provider relationship with the individual for at least
30 days prior to providing the documentation requested regarding the
individual’s need for an emotional support dog.
(4) Completes an in-person clinical evaluation of the individual regarding
the need for an emotional support dog.
(b) For purposes of this section, a “health care practitioner” means a person
who is licensed and regulated pursuant to Division 2 (commencing with
Section 500) of the Business and Professions Code, who is acting within the
scope of practice of the person’s license or certificate."
|
ASM Com on Public Safety
Hrg 3/16 postponed by Com
Fiscal Committee
|
|
A.B. 3035
Introduced
2/21/2020
|
James Patterson (R-23)
Fresno and Senator
Andreas Borgeas (R-8)
Fresno
|
As introduced, AB 3035 would make technical, non-substantive changes to
Penal Code §599 prohibitions covering poultry and rabbits; currently classified
as animal welfare topic.
Amended in Assembly, May 4, 2010 to amend Penal Code §599aa covering
animals and birds seized pursuant to an animal fighting investigation,
subsection (e) allows a custodian, when ownership cannot be determined, to
petition the court to permit euthanasia or other disposition of the animals and
advertise in a "newspaper of general circulation," amend this to "newspaper,
online or in print, of general circulation, a social media outlet belonging to a
law enforcement agency or a county or appropriate local governmental entity,
or a law enforcement internet website."
Assembly Committee on Public Safety Policy Analysis, May 18, 2020
Assembly Floor Analysis, May 22, 2020
|
ASM Com on Public Safety
Hrg 5/19/20 10 am
pass 7--0(1)
ASSEMBLY, 3rd Rdg 6/8
pass 71-1(7, 1 Vac)
SENATE
SEN Com on Public Safety
Hrg 7/23
Non-Fiscal
|
§§
|
A.B. 3201
Introduced
2/21/2020
|
Miguel Santiago (D-53)
Los Angeles
|
As introduced, AB 3201 would add to the Business & Professions Code
(Veterinary Practice Act) a new §4853.8 defining “large corporation” as
meaning a for-profit corporation that owns more than 60 veterinary premises
in this state and imposing specific requirements, restrictions and limitations
including mandatory review and approval by the VMB for purchase of
additional practices and a full review of the corporations's license to operate
veterinary premises if "the number of health and safety citations issued to the
corporation exceeds 100 in a calendar year."
Background: MoveOn Civic Action petition - To: California State Legislators
California State Legislators: Pass AB 3201 to Protect Our Pets From
Corporate Animal Hospitals
|
ASM Com on Business &
Professions
Fiscal Committee
|
|
| |
|
|
|
|
|
