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ANIMAL RIGHTS vs. HUMAN RIGHTSANIMAL RIGHTS LEGISLATION IN YOUR STATE

 

Breeders records and buyer’s personal info must be filed by anyone even gives away a dog or puppy from 3 or more litters, including shelters…

 

 

CA 1939 TO FORCE MONTHLY REPORTS BY HOBBY BREEDERS

 

We spoke with Michael Maddox, Vice President of Government Affairs & General Counsel for PIJAC. While show breeders are all wound up (we hope) about the APHIS- HSUS bill, the Pet Industry Joint Advisory Council recognizes CA 1939 as “a serious breeder regulatory offensive.” CA 1939 can effectively end your hobby breeding program and (hoped for) extra income. Breeders know what starts in California spreads across the country.

 

We have often talked about the need for a national organization which could and would stand up for dog breeders since we seem so ill equipped to stand up for ourselves. PIJAC may be our best hope against national legislation that encroaches on American liberties and specifically seeks to destroy dog breeders.

 

CA 1939 requires monthly reporting by anyone who sells, transfers, or gives away any dogs or puppies of three or more litters.

 

UPDATE on Assembly Bill 1939 is set to be heard by the Senate Committee on Business, Professions & Economic Development on July 2nd.

 

The bill passed the CA legislature last year but was vetoed by the Governor. Assembly Bill 1939 would create a new mandate for pet dealers, humane societies, rescues and SPCAs, as well as breeders, requiring a monthly report on dog transfers to county/city agencies responsible for licensing. Existing law authorizes counties/cities to issue dog licenses for a fee; AB 1939 creates a “puppy license” for dogs up to one year old. The bill provides specific licensing terms for both the new puppy licenses and existing dog licenses.

 

The Impact:

 

Pet Dealer and Breeder Reporting Requirements

 

AB 1939 provides that any pet dealer, humane society, rescue group, society for the prevention of cruelty to animals or any entity described in Subdivision (b) of Section 122045 of the Health and Safety Code will be required to submit monthly reports to the public entity responsible for licensing dogs in the city or county in which they are located. Section 122045(b) of the Code means a dog breeder defined as a person, firm, partnership, corporation or other association that has sold, transferred or given away all or part of three or more litters of 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. A pet dealer is defined by the California Health and Safety Code (Section 122125) as a person engaging in the business of selling dogs or cats, or both, at retail, and by virtue of the sales of dogs and cats is required to possess a permit pursuant to the Revenue and Taxation Code.

 

The required report must include the following information:

  • The name, address, and telephone number of any person(s) who receives a dog, adopted or sold, in the previous month by the entity submitting the report;

  • The breed of the dog;

  • The age of the dog; and

  • Reproductive status of the dog

No report will be required in any month in which no dog was not adopted or sold.

 

The reporting entity must keep copies of the report for 12 months. The information contained in the report may NOT be used, distributed or released for any purpose except to ensure compliance with existing state and local law, including applicable licensing requirements and regulations. Anyone found in violation of these reporting and recordkeeping requirements faces a fine of $50 for the first offense and $100 for each subsequent offense.

 

Licensing

 

Existing law authorizes a county/city to issue dog licenses for a fee. AB 1939 states that any dog license issued to a microchipped puppy shall be known as a puppy license instead of a dog license. A puppy license expires when a dog reaches one year of age, at which time the owner must obtain a dog license.

 

AB 1939 also amends current dog licensing law by proposing that if a dog owner presents a certificate from a licensed veterinarian that the dog has been spayed/neutered the license tag will be issued for one-half or less of the fee price now required. The bill also grants a city/county sole discretion in specifying the means by which a dog owner is required to provide proof that a dog has been spayed/neutered, including, but not limited to, electronic transmission or facsimile.

 

PIJAC Position:

 

PIJAC – Pet Industry Joint Advisory Council - supports reasonable standards of care and appropriate administrative requirements of pet dealers but opposes onerous and expensive mandates, particularly where such mandates offer no demonstrable benefit to pet animals or the public.

 

Recommended Action:

 

Assembly Bill 1939 is set to be heard in the Assembly Committee on Local Government on Wednesday, April 11, 2012 p.m. in Room 447 of the State Capitol. Those concerned about the additional burden this bill would place on those providing pets to the public should contact committee members in advance of the hearing and should, additionally, attend this hearing if possible to voice your concerns.

 

http://www.thedogplace.org/LEGISLATION/CA-1939-Reporting-Requirement_PIJAC-126.asp

 

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